APPEAL
FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CR-17-274]
HONORABLE ALEX GUYNN, JUDGE
Tinsley & Youngdahl, PLLC, by: Jordan B. Tinsley, for
appellant.
Leslie
Rutledge, Att'y Gen., by: Adam Jackson, Ass't
Att'y Gen., for appellee.
OPINION
LARRY
D. VAUGHT, JUDGE
Johnnie
Donson was charged with capital murder after Marcus
Washington was fatally shot on January 4, 2017. Johnnie, born
on February 12, 1999, was seventeen years old at the time of
the shooting. He filed a motion to transfer his case to the
juvenile division of the circuit court and for extended
juvenile jurisdiction (EJJ) designation. After a hearing on
the motion, the Jefferson County Circuit Court entered an
order denying Johnnie's motion. On appeal, Johnnie
contends that the circuit court clearly erred in denying the
motion to transfer his case to the juvenile
division.[1] We affirm.
At the
hearing on Johnnie's motion, Detective Steven Rucker of
the Pine Bluff Police Department testified that on January 4,
2017, he responded to a shooting at Tamika Sims's
residence. There, Detective Rucker found Marcus in his
vehicle fatally shot. The detective stated that officers at
the scene found multiple shell casings on the ground and
bullet holes in two vehicles (Marcus's and Tamika's)
and in Tamika's home.
In his
investigation, Detective Rucker obtained surveillance video
that showed Johnnie driving a white Impala pulling into a gas
station on January 4 around 1:11 a.m. While Johnnie was
pumping gas, Marcus arrived at the gas station and pumped gas
into his vehicle. Marcus entered the convenience store, and
Johnnie drove away. According to Detective Rucker, the video
next shows Joshua Donson (Johnnie's brother) and
Dataevonne Tatum in a Ford Focus pulling into the gas
station. They circled Marcus's vehicle, parked, and
watched Marcus. Marcus left the gas station, and about
thirty-five seconds later, the Ford Focus left the station.
Detective
Rucker also obtained video footage from a nearby liquor
store. The detective testified that in that video, numerous
gunshots could be heard around 1:44 a.m. The detective stated
that there was an initial burst of gunfire, a pause, and then
a second round of gunfire. Detective Rucker further testified
that the video showed Johnnie's white Impala being driven
away from the scene of the shooting with its lights off,
followed closely by the Ford Focus.[2]
Isaiah
Washington (Marcus's cousin) testified that he, Marcus,
and two others were in Marcus's vehicle backed into the
driveway of Tamika's residence when a white car drove by
followed closely by a second vehicle whose occupants were
shooting at Marcus's vehicle. According to Isaiah, both
the vehicles stopped about twenty yards away from
Marcus's vehicle, and then the occupants of both vehicles
exited and started walking toward Marcus's vehicle
shooting guns the entire time. Isaiah, who had known Johnnie
before the shooting, said that he did not see Johnnie fire a
weapon that night, but Isaiah could not affirmatively state
that Johnnie was not present.
Gujuan
Christmas testified that he had been in jail with Johnnie
after Marcus's murder and that Johnnie discussed his
involvement in the shooting. Johnnie said he and Jaylin Cobbs
got into an altercation at a club with Marcus and Isaiah
because Isaiah took Cobbs's gun. Johnnie said that he and
his friends followed Marcus to find Isaiah and that he
(Johnnie) shot at Marcus. On another occasion, Johnnie
described the shooting to Gujuan but did not admit being one
of the shooters. According to Gujuan, in every version of
Johnnie's story, he was at the scene of the shooting.
In
support of his motion to transfer, Johnnie presented the
testimony of several witnesses. Johnnie's mother, Kanshia
Collins, testified that growing up, Johnnie was an
"angel child." She said that he was a nerd and had
straight As in school, he regularly attended church, and he
followed the rules of her house. She said that Johnnie
started to change when he was around sixteen years old after
his stepfather died and his brother Joshua was shot. Kanshia
said that Johnnie started to smoke marijuana, hang around the
wrong people, sneak out of her home, and stay out late. She
said he is highly susceptible to peer pressure and is
immature.
Aisha
Shackelford testified that she had been Johnnie's
supervisor at Taco Bell for about six months when he was
sixteen. She stated that he was a good employee, had a good
work ethic, was responsible and respectful, and had the
maturity of a teenager. She said that she did not see him be
violent or aggressive and that he was susceptible to negative
influences in the community.
Brooke
Digby, the coordinator of the juvenile-ombudsman division of
the Public Defender Commission, testified that the juvenile
brain is not fully developed, which is why the
criminal-justice system treats juveniles differently. She
stated that the purpose of the juvenile-justice system is to
rehabilitate juveniles. She said that despite Johnnie's
age (nineteen at the time of the hearing) and the
capital-murder charge against him, there are rehabilitative
programs within the juvenile system available to him. Brooke
stated that if Johnnie is transferred to juvenile court and
receives an EJJ designation, the juvenile court may retain
jurisdiction over the him until he reaches twenty-one years
of age. She stated that he could be committed to the Division
of Youth Services (DYS) or seek admission into programs like
Job Corps and Teen Challenge. She also said that under the
provisions of EJJ, the juvenile court's retaining
jurisdiction may also impose an adult prison sentence if the
court makes a finding that the juvenile has violated an order
of the court, has committed a new offense, or is not amenable
to rehabilitation in the juvenile system. Brooke did not
offer an opinion as to Johnnie's chances of being
rehabilitated because she had not met him.
Johnnie's former youth pastor, Michael Jenkins, testified
that Johnnie attended church regularly for a year in 2014; he
was in the choir; and he was respectful, mild, meek, and
humble. Michael stated that Johnnie's maturity level was
high for someone his age. Michael also stated that while he
had not seen Johnnie recently, he believed Johnnie could be
rehabilitated.
Kevin
Crumpton, Johnnie's probation officer, testified that
Johnnie was currently on probation after having been
adjudicated delinquent on two felony drug charges and one
misdemeanor fleeing charge stemming from an incident on
January 10, 2017. While on probation, Johnnie had one
positive drug screen for THC. However, Kevin testified that
before January 2017, Johnnie had no charges. Kevin believed
that juvenile rehabilitation is effective.
In the
circuit court's order denying Johnnie's motion to
transfer and for EJJ designation, the court summarized the
hearing testimony in ...