Bussey v. State

Citation: Not availableDocket: 224, 2016

Court: Supreme Court of Delaware; March 31, 2017; Delaware; State Supreme Court

Original Court Document: View Document

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Tyrone Bussey appeals a Superior Court jury verdict convicting him of multiple charges related to a domestic disturbance involving his girlfriend, Kolanda Shelton. He argues that the trial court improperly denied his motion for judgment of acquittal on charges including two counts of Aggravating Menacing, two counts of Possession of a Firearm During the Commission of a Felony, and three counts of Endangering the Welfare of a Child.

The incident occurred on March 21, 2015, when police responded to reports of a domestic disturbance at Shelton's home in Laurel, Delaware. Witnesses, including neighbors Doris and Tyreshia Taylor, described a physical altercation between Bussey and Shelton. Shelton alleged that Bussey punched her in the face, threatened her with a gun, and attempted to evade police by throwing the weapon before fleeing the scene. Shelton's son, Windonald Paul, Jr., corroborated her account, stating he witnessed Bussey's violent behavior and was threatened by him when he sought help.

After the incident, police recovered a firearm near the residence and arrested Bussey, who was later served with a no-contact order prohibiting him from contacting Shelton and her children. The appellate court considered the evidence and arguments presented before making its decision.

Bussey violated a no-contact order by communicating with Shelton through 26 phone calls made from another inmate's account while he was incarcerated. During these calls between March and June 2015, Bussey attempted to influence Shelton regarding his pending criminal charges, instructing her on how to respond to the police and the trial. He expressed concern that Shelton had informed the police about the location of a gun and pressured her to change her statements to benefit him, suggesting that her testimony was the only evidence against him.

Bussey encouraged Shelton to meet with his attorney to revise her statements, asserting that she wouldn't face perjury charges since she wasn't under oath when speaking to police. Shelton eventually admitted to Bussey that she had fabricated details about the gun to implicate him and described how she had retrieved the gun after the incident, claiming it had been found elsewhere. Her testimony at trial contradicted her original statements, stating that Bussey had not physically harmed her and that she had planted the gun outside her home to frame him. Additionally, Shelton's son, Paul, testified that he did not witness a gun and was confused about the police involvement. Both Shelton and Paul's accounts varied significantly from their initial reports to law enforcement.

Tyreshia and Doris Taylor provided testimony for the State during the trial. Tyreshia recounted that Paul arrived at Doris's house to report that his mother, Shelton, wanted him to call the police. After confirming with his mother, Doris called 911. Tyreshia then witnessed Shelton arguing with a man, who brandished a gun towards Shelton’s face, struck her, and subsequently dragged her to the back of the residence. Doris corroborated Tyreshia's account, noting she observed Paul hiding behind a car while he confirmed his mother's request for police assistance. Doris also saw Shelton's daughters at a window during the altercation but admitted she did not see the gun herself.

At the end of the State’s case, Bussey moved for a judgment of acquittal on several counts, which the court denied for counts one through four and reserved judgment on counts nine through eleven. The appeal reviews whether any rational juror could find Bussey guilty beyond a reasonable doubt. Bussey argued that the State failed to meet its burden for charges of Aggravated Menacing against Paul and Shelton, possession of a firearm during the commission of a felony, and endangering the welfare of a child. The court found no merit in Bussey’s claims, affirming that the jury must determine if the State proved its case and that it is not required to accept the testimony of a single witness entirely. Aggravated menacing requires displaying what appears to be a deadly weapon in a way that instills fear of imminent physical injury. Bussey's defense highlighted that both Shelton and Paul testified he did not have a gun, questioning the State's proof of fear of imminent injury.

During the trial, the jury encountered conflicting testimonies regarding the events of June 22, 2015. Witnesses Shelton and Paul recanted aspects of their original police statements, with Shelton admitting to fabricating much of her initial account and Paul claiming memory loss regarding his statements. Paul specifically denied mentioning a gun to the police or witnessing one that night. The State introduced their prior statements under 11 Del. C. 3507, which indicated that Bussey had threatened them with a gun. Additionally, the State presented evidence of Bussey's contact with Shelton despite a no-contact order, including recorded phone calls that influenced Shelton's trial testimony.

Despite the inconsistencies, the jury found sufficient evidence to convict Bussey of Aggravated Menacing based on Shelton and Paul's original statements, which the jury deemed credible, implying that threats involving a gun could instill fear. Consequently, the jury could reasonably conclude that Bussey possessed a firearm during the commission of this felony, countering Bussey’s claims of insufficient evidence for that charge. Testimony from Tyreshia Taylor, who claimed to have seen a man with a gun at Shelton’s house, further supported the State's case.

Bussey also contested the sufficiency of evidence for three counts of Endangering the Welfare of a Child. He argued that there was no evidence indicating that the children witnessed or heard the altercation. However, Doris Taylor testified that she saw at least two of the children observing the incident from a window, undermining Bussey's claims.

Testimony from Shelton and Paul indicated that all three children were likely aware of the underlying felony, either by sight or sound. Shelton suggested the children were upstairs and likely asleep during the incident, while Paul confirmed they were on their way to sleep when the altercation began. The State argued that Paul returned to the bedroom after the incident and highlighted the small size of the two-story home, where all four children shared a front-facing room with a window. This setup allowed for the reasonable inference that the children could have seen or heard the altercation. Taylor’s testimony further supported this, noting two of Shelton's children were looking out the window during the incident. Despite Shelton and Paul’s claims that the children were sleeping, it was deemed reasonable to conclude that if Paul could hear his mother, the other children likely could hear the altercation too. Therefore, the Superior Court did not err in denying Bussey’s motion for judgment of acquittal regarding the charges of Endangering the Welfare of a Child, and the judgment was affirmed.