Page v. State

Citations: 64 So. 3d 482; 2011 Miss. LEXIS 333; 2011 WL 2569139Docket: No. 2010-KA-01126-SCT

Court: Mississippi Supreme Court; June 30, 2011; Mississippi; State Supreme Court

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On November 5, 2008, Officer Timothy Slade responded to a 911 call at 301 McSwain Street, Hattiesburg, where he found Ray Spillman with a fatal gunshot wound to the head in a Kia Sorento. The driver's side window was shattered, indicating it was up when Spillman was shot. Witnesses identified Spillman and the shooter, Roy Page, who fled the scene. Detective Eric Proulx was redirected to apprehend Page, arriving as Officer Sybert was handcuffing him; Page claimed, "I did it. It was self-defense." A nine-millimeter handgun and ammunition were found on Page. Forensic investigator Jeff Byrd documented the scene, noting an open passenger door and a cigarette lighter in Spillman's hand, as well as a nine-millimeter shell casing nearby. Dr. Staci Turner, the forensic pathologist, ruled the cause of Spillman's death as homicide from a gunshot wound, stating the shot was fired from more than three feet away or through an object, potentially the car window. Forensic scientist Lori Beall confirmed the bullet came from Page's gun, purchased from Discount Pawn by Page on October 17, 2008, as testified by shop owner Charles Dykes, who matched the gun's serial number to the purchase receipt.

At trial, Page testified about ongoing friction with Spillman, primarily due to Page's belief that Spillman was abusing Cassandra. He recounted a physical altercation about three to four weeks before Spillman's shooting, which occurred at Page's mother's house. During this altercation, Spillman confronted Page with a razor, prompting Page to chase Spillman with a stick. They engaged in a fight where Page was cut with the razor and required thirty stitches. Page claimed Spillman threatened to kill him after the fight.

Subsequently, Page purchased a nine-millimeter pistol and hollow-point bullets shortly after the altercation. On November 5, 2008, Page went to Leticia Carson's house to discuss their issues, carrying his gun, but Spillman was not present. After leaving Carson's, Page was assaulted by Spillman and his friends, resulting in injuries that made him vomit and leave with a bloody mouth. 

Upon returning to his mother's house, Page retrieved his gun and sat on the porch. When Spillman and Cassandra arrived, Spillman confronted Page with a derogatory statement. As Page approached Spillman's vehicle, he noticed a metallic object in Spillman's hand and, fearing for his safety, he drew his gun and shot Spillman while running away. After the shooting, Page went to Fredrick Burns’s house, where he initially expressed an intent to kill Burns but claimed he had shot someone else. Burns managed to disarm Page and called the police.

Cassandra's testimony contradicted Page's account of the earlier altercation, stating that Page had chased Spillman with an object resembling an ax or shovel, and that Spillman narrowly avoided a severe injury when Page swung at him. The fight concluded with Page falling and being cut by Spillman.

Cassandra's testimony regarding the night of November 5, 2008, contrasts with her brother's account. She stated that upon arriving at her mother’s front door, Page walked past her with a grin, and she warned him not to interfere with her husband. Cassandra observed Page adjusting his shirt before seeing him return to the driver’s side of a Kia. While speaking with her mother, she heard a gunshot, ran to the car, and confronted Page, accusing him of shooting her husband, after which he fled. She noted there was no audible conversation between the men, as the driver's window was up and Spillman was on the phone.

Following the conclusion of the cases presented by both the State and Page, the jury received instructions that included options for manslaughter and self-defense. Ultimately, the jury found Page guilty of murder, leading to a life sentence, prompting his appeal on several grounds: sufficiency of evidence supporting the verdict, whether the verdict was against the overwhelming weight of the evidence, whether the evidence supported a manslaughter conviction, and the applicability of the Weathersby rule.

The analysis of the sufficiency of the evidence emphasizes that the essential question is whether, when viewed favorably for the prosecution, any rational juror could have found the elements of the crime proven beyond a reasonable doubt. The court clarified that it does not assess its own belief in the evidence but rather whether the prosecution's evidence meets the required standard. The findings indicated that there was sufficient evidence to convict Page of murder under Mississippi law, which defines murder as the unlawful killing of a human being with deliberate intent.

Spillman was shot while sitting in his car with the window up, facing forward. Page claimed self-defense, asserting he believed Spillman was reaching for a weapon. Testimony from Cassandra revealed a prior violent altercation between Page and Spillman, where Page had chased Spillman with a shovel or axe. On the night of the shooting, she observed Page near her mother's house, seemingly adjusting his shirt, before he approached Spillman's car. Forensic experts confirmed that the gun used to kill Spillman was found with Page upon his arrest. 

The jury's role was to reconcile testimonies with the physical evidence. The court found sufficient evidence to support a murder verdict against Page. Page contended that the conviction contradicted the weight of the evidence, claiming he acted in necessary self-defense or, alternatively, that any conviction should be for manslaughter. The court clarified that for self-defense to be justified, the perceived danger must be objectively reasonable. The determination of self-defense is a question of evidence weight and credibility for the jury. 

For manslaughter, the act must lack malice and occur in the heat of passion or involve a dangerous weapon without lawful authority. The State argued that Page murdered Spillman, presenting evidence that Spillman was unarmed and holding a lighter, with no physical altercation occurring and Spillman’s window closed at the time of the shooting. Page maintained that he shot Spillman out of fear after seeing him reach for something metallic.

The jury received instructions on self-defense and manslaughter and ultimately determined that the State had proven the elements of murder, finding the verdict consistent with the overwhelming weight of the evidence presented. Under the Weathersby rule, if the defendant or their witnesses are the sole eyewitnesses, their reasonable account must be accepted unless contradicted by credible evidence from the State or physical facts. When conflicting testimonies arise, it is the jury's role to assess credibility and decide on conviction or acquittal. Page did not invoke the Weathersby rule at trial or in his post-verdict motions, making him procedurally barred from raising this defense on appeal. The evidence was deemed sufficient to uphold the murder conviction, resulting in a life sentence affirmed by the court. The Bureau of Forensic Services, funded by a $2 million grant, was established to assist in crime scene investigations through a collaboration of multiple local law enforcement agencies.