Moss v. Commonwealth

531 S.W.3d 479 (2017)

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Nature of the Case

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Facts

Shawn was shot and killed while he and Sarah were visiting the residence of D and Christina Layle. D informed the 911 operator that he had been attacked in his home and had to shoot Shawn. Officers arrived first to find Shawn lying face-up on the porch with his head at the bottom of the front steps. Sanders was kneeling over him hugging him and screaming. The officers D, Christina, and Sarah into the residence and seated them in the living room. Deputy Jones conversed with them. D was explaining to Jones what had happened when Sarah screamed, 'You shot him in the back for no reason.' D made no reply; he remained seated with his hands partially covering his face and mouth. Deputy Johnson took Sarah to a patrol car to separate her from the others at the scene. D was indicted for murder and for tampering with physical evidence. The jury found him guilty of tampering with evidence and convicted him of the lesser charge of second-degree manslaughter based upon an imperfect self-defense theory. The court of appeals held that Sarah’s accusatory statement and D’s failure to deny it, qualified for introduction into evidence under Rule 801A(b)(2) as an adoptive admission by silence. D appealed