United States v. Brown

Kimberly and defendant argued on the phone. Defendant went to the home of Kimberly’s aunt (Taylor), where Kimberly was staying and told her that if she did not come out, he was going to “set it off.” After hanging up the phone and declining to leave the house, Kimberly heard gunshots, glass breaking, and the security alarm. A gun was found between a storm door and an inner door. The glass on the door was broken. At trial, Taylor testified she was awakened by the gunshots, that she heard defendant’s voice outside, and that she received a phone call from her alarm company. On that call, which was admitted into evidence, Taylor and Kimberly identify defendant as the shooter. Kimberly stated defendant was “dangerous” and had a history of domestic violence. The court also admitted two 9-1-1 calls made by Kimberly, one during the incident and one a few hours later, when she was concerned that defendant had returned. Those calls also referenced defendant’s history of domestic violence. The Memphis Police Department arrived and recovered the gun, which belonged to Kimberly. She testified that she reported it stolen a year earlier. Defendant was arrested, convicted as a felon in possession of a handgun, 18 U.S.C. 922(g), and sentenced to 109 months’ imprisonment. The Sixth Circuit affirmed, rejecting a challenge to the sufficiency of the evidence and upholding the admission of evidence containing references to prior domestic abuse. View "United States v. Brown" on Justia Law