A Columbus man convicted of killing a 16-year-old girl after her birthday party at Propst Park lost his appeal this week.
A Lowndes County Circuit Court jury convicted Curtis Lathan of second-degree murder and sentenced him to 40 years in prison on Aug. 5, 2022. Lathan was charged with the July 20, 2019, shooting death of Arykah White, after he fired a gun during an altercation with another party guest and White was killed with a single shot to the head.
Lathan’s appeal argued the jury did not submit its verdict in the proper form. It also argued that since Lathan was 17 at the time of White’s death, the jury was required to hear mitigating evidence of his age before his sentencing.
The Mississippi Court of Appeals upheld Lathan’s conviction and sentence in a decision issued Tuesday.
In the appeal, Lathan argues the jury instructions told them if they found Lathan guilty of second-degree murder, they were to submit the verdict in the form of, “We, the jury, find the defendant guilty as charged.” If not, then jurors could also consider the lesser charge of culpable negligence manslaughter.
The jury instead wrote “2nd Degree Murder” on a sheet of paper. Three lines below it, “Guilty” was written and underlined.
While the Court of Appeals decision acknowledges the verdict language did not conform to the jury instruction, the jury’s intent was clear, and Lathan did not object at the time. Further, Lathan’s attorney asked for the jury to be polled on whether they agreed with the verdict. They all voiced their agreement.
As to the sentencing, the Court of Appeals wrote a judge or jury is only required to consider a juvenile’s age and related characteristics before sentencing that person to life without parole.
In Lathan’s case, life wasn’t even a possibility as 40 years is the maximum for second-degree murder.
Zack Plair is the managing editor for The Dispatch.
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