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STATE OF MINNESOTA IN SUPREME COURT A07-395

Hennepin County

Anderson, G. Barry, J. Dissenting, Page, J. Took no part, Dietzen, J.

State of Minnesota, Respondent, vs. Filed: April 10, 2008 Office of Appellate Courts

Prentis Cordell Jackson, Appellant.

SYLLABUS 1. The district court did not abuse its discretion in declining to give the jury an

accomplice corroboration instruction as to two witnesses against appellant where neither of those witnesses could have been indicted and convicted for the crime with which appellant was charged. 2. Even if the district court erred in declining to give the jury an accomplice

corroboration instruction as to another witness against appellant, such error was harmless. Affirmed. Heard, considered, and decided by the court en banc.

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OPINION ANDERSON, G. Barry, Justice. Appellant Prentis Cordell Jackson was convicted of first-degree murder for the killing of Michael Anthony Bluntson, Jr., in Minneapolis. On direct appeal, appellant seeks the reversal of his conviction on the basis that the district court declined to give the jury an accomplice corroboration instruction. We affirm appellants conviction. Michael Anthony Bluntson, Jr., was killed near the intersection of 25th Avenue North and Sixth Street North in Minneapolis on February 24, 2006. A medical examiner testified that Bluntson died from a gunshot to the head fired at "intermediate range." Although the precise caliber of the bullet retrieved from Bluntsons body was not determinable, the bullets weight was similar to that of a .45-caliber bullet. The police did not recover the murder weapon in the course of their investigation. Deshawn Jenkins and Alfred Lamar were members of a gang known as the EMB ("Emerson Money Boys" or "Emerson Murder Boys"). Lemuel Radcliffe and appellants cousin Bernard Williams joined with the EMB as part of a consolidated gang known as the LMB ("Lyndale Mob Boys"). Jenkins, Lamar, and Williams testified at trial, but Radcliffe did not. Lamar testified that appellant was a member of the LMB. Some of the gang members sold marijuana and crack cocaine outside Wafanas, a store located at the intersection of 24th Avenue North and Lyndale Avenue North in Minneapolis. Bluntson was believed by some individuals to be a member of another gang known as the 2s & 3s. Williams testified that appellant had previously accused Bluntson of stealing sacks of marijuana that appellant had hidden inside Wafanas, but Leshaun Taylor testified that 2

he and Bluntson were best friends and that he was unaware of any dispute between Bluntson and appellant. Jenkins, Lamar, and Williams testified as to the events surrounding Bluntsons murder. On the afternoon of February 24, 2006, Williams was shot in the left arm while standing outside Wafanas by a person whom he believed to be a member of the 2s & 3s and whom he had seen with Bluntson on prior occasions. Williams testified that he removed his gray sweatshirt as he fled the scene. After the shooting, Williams saw appellant at the home of Shalonda Young, which is located in the 2200 block of Sixth Street North in Minneapolis. Appellant allegedly observed that Williams had been shot but did not ask who had shot him. Lamar testified that he saw appellant on Broadway, a North Minneapolis street, after the shooting. According to Lamar, appellant told Lamar that he had heard that the 2s & 3s shot Williams and declared that if he caught one of them he would "f*** them up." Jenkins, Lamar, Radcliffe, Williams, and Bluntson were at Wafanas later in the day. Photographs from the Wafanas surveillance camera that were introduced at trial established that Jenkins, Lamar, and Williams left the store at 6:27 p.m. and that Bluntson left the store at 6:28 p.m. According to Williams, Jenkins and Radcliffe got into an argument with Bluntson after they left Wafanas. Williams testified that Jenkins ordered Bluntson to leave and that Radcliffe told Bluntson, "[Y]our man shot my man." Jenkins, in contrast, denied that any such argument occurred. A police officer testified that a Wafanas employee told him that there had been an argument in the store shortly before Bluntson was shot. 3

Radcliffe drove Jenkins, Lamar, and Williams in Radcliffes Suburban to Youngs house, where they remained for a couple of minutes before appellant joined them in the vehicle and Radcliffe drove away with his passengers. Near the intersection of 25th Avenue North and Sixth Street North, Radcliffe drove by Bluntson, who was walking on the sidewalk. Williams testified that Radcliffe said, "[T]here he go right there." Lamar testified that someone in the Suburban suggested that appellant "box" Bluntson and that appellant stated that he was going to "crush him." Radcliffe stopped the Suburban, and appellant left the vehicle. According to Williams, when appellant got out of the

Suburban he said, "I got something for this nigger." Lamar testified that appellant approached Bluntson on the sidewalk and that the two of them assumed boxing stances. According to Lamar, appellant pulled a gun from his waist and pulled the trigger, but the gun did not fire. Appellant then pulled the trigger a second time, the gun fired, and Bluntson stumbled, grasping his face. Lamar related that someone in the Suburban said, "Shit, he shot him. He just f***ing shot him." According to Lamar, the Suburbans other occupants neither planned to shoot Bluntson nor indicated that they knew appellant was going to shoot him, and they were "surprised," "shook up," and "panicking" after the shooting. Although Jenkins and

Williams did not see appellant shoot Bluntson, they both testified to hearing one gunshot after appellant got out of the Suburban. Rosalba Trejo, who resides in the 2400 block of Sixth Street North, testified that she heard gunshots and watched the victim run, fall, and then get up, run, and fall again. Radcliffe drove away, and appellant ran through some yards, met up with the Suburban, 4

and reentered the vehicle.1 Williams testified that someone asked appellant what he did, to which appellant responded, "I shot him in his f***ing face." The group returned to Youngs house after the shooting, and Lamar observed appellant empty the shells out of his gun and place them in his pocket. Jenkins testified that everyone at Youngs house was talking about the shooting and that appellant explained that "he lift[ed] the gun up," "it went click," and then "it kind of went boom." According to Jenkins, although appellant was wearing a black hooded sweatshirt when appellant got into the Suburban at Youngs house, he saw appellant wearing Williamss gray sweatshirt at Youngs house after the shooting. At trial, Jenkinss and Lamars descriptions of the gun they saw in appellants possession after the shooting and Williamss description of a gun he had previously seen in appellants possession were substantially similar. Frederick Anthony testified that after the shooting he was at Youngs house, where he overheard appellant confess that he shot Bluntson. But Anthony repeatedly contradicted himself in his testimony regarding whether it was appellant or someone else who confessed and whether he was under police pressure to testify against appellant. Anthony also admitted that he was drunk when he heard the confession. At approximately 6:42 p.m. on February 24, Minneapolis police officers received a dispatch call reporting the shooting. The police found Bluntsons body on 25th Avenue North, slightly east of Sixth Street North, and a trail of blood revealed that Bluntson had
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Williams indicated that Radcliffe drove away when appellant left the vehicle, but Lamar indicated that Radcliffe did not drive away until after the shot was fired. Furthermore, Lamar claimed that he left the Suburban as appellant reentered the vehicle after the shooting. 5

run a short distance after being shot. John Sparkman told Sergeant Christopher Thomsen at the scene that Bluntson called Sparkman at approximately 6:30 p.m. to tell him "that he was having some trouble with some EMBs" at Wafanas. Sparkman said he advised Bluntson to try to reach Sparkmans house safely. Thomsen looked at Sparkmans cell phone and confirmed that the call was received at 6:33 p.m. When asked at trial if a person who left Wafanas at 6:27 p.m. could drive to the 2200 block of Sixth Street North and then back to the intersection of 25th Avenue North and Sixth Street North by 6:42 p.m., Sergeant Michael Keefe answered that a person "could walk it in that time." Sergeant Thomsen testified that while the police were investigating the crime scene, a woman called and disclosed that she had been at Youngs house, where she heard people talking about the shooting and observed young men with guns. When the police searched Radcliffes Suburban, they found a bag that contained a gray sweatshirt with nine unfired .45-caliber bullets in a pocket and blood around the collar. A forensic scientist testified that the bullet retrieved from Bluntsons body could have been a .45caliber bullet, and Sergeant Thomsen testified that the bullet "was in the category of a .45 or larger." The DNA profile of the blood on the sweatshirt matched Williamss DNA profile, and Williams identified the sweatshirt as the one he was wearing when he was shot. Williams testified that there were no bullets in his sweatshirt when he removed it as he fled Wafanas and that he did not know why his sweatshirt was in the Suburban. There is no evidence that Williams possessed the sweatshirt after he took it off earlier in the day.

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Appellant was indicted for first-degree premeditated murder under Minn. Stat.

Download A07-395, State of Minnesota, Respondent, vs. Prentis Cordell Jackson, Appellant.

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