United States v. Gulley

526 F.3d 809 (5th Cir. 2008)

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Nature of the Case

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Facts

D and Jackson, were federal inmates. Between 5:00 p.m. and 8:30 p.m., the inmates are free to intermingle with each other outside their housing units in an area referred to as the 'compound.' Each housing unit was equipped with surveillance cameras. Camera footage from six different cameras showed that D and Jackson chased Brown throughout Unit 3B-1 until Brown ran into cell number 125. D and Jackson, in that order, followed Brown into the cell. Inmates Prince and Richards quickly exited the area after D and Jackson entered the cell. A fight ensued but the surveillance cameras were unable to capture images of the occupants from the waist up. After approximately thirty seconds, D and Jackson walked out of cell number 125, leaving Brown lying on the floor. They proceeded in different directions, but were approached by correctional staff and complied with orders to lay down on the floor. A correctional officer later found a shank on a chair close to where D lay on the floor. Brown exited the cell, bleeding profusely from his neck and chest and holding Jackson's weapon. He advanced towards Jackson but collapsed. Brown was taken to an area hospital where he was pronounced dead. Brown suffered from eleven knife wounds, but a single strike that pierced the upper lobe of his left lung and the pericardial sac of his aorta caused his death. It was undisputed that D and Jackson chased Brown into Housing Unit 3B-1 while carrying shanks. On June 1, 2006, P filed a motion in limine to exclude any reference to specific acts of violence previously committed by Brown, other than opinion or reputation testimony, unless D had actual knowledge of the acts before the attack. D claimed he ought to be able to introduce testimony of specific acts Brown committed on the day of his death in order to support a self-defense claim. D sought to show that: (1) Brown threatened another inmate around four to six hours before his death; (2) Brown approached an inmate and requested weapons for Brown's associates; and (3) Brown had a knife in his hand immediately before the altercation broke out in the compound. The court specifically prohibited D from introducing evidence that Brown allegedly assaulted another inmate or sought to procure weapons on the day of his death. It ruled that the evidence was inadmissible because D did not have actual knowledge of those acts. D could introduce evidence that Brown had a knife immediately before the fight began. At trial, the video footage showed D and Jackson holding objects in their hands. Brown did not appear to be holding a shank or other weapon. Prince testified that as d and Jackson approached the cell, D told him: 'we're going to kill this nigger, get out of here.' Dr. Brown opined on direct examination that the shank possessed by Jackson was the weapon that caused the fatal wound, although it was possible that the shank found near D inflicted three of Brown's more minor wounds. D sought to show that Brown was a violent person who intended to cause Jackson harm and that D was attacked because Brown mistakenly associated D with Jackson. D introduced testimony from other inmates that: (1) Brown had a reputation for violence; (2) Brown was seen brandishing a weapon both earlier in the day and immediately before the fight broke out in the compound; and (3) Brown and his friends ambushed Jackson and D. A corrections officer testified that Jackson admitted to the killing and D’s expert testified that D did not strike the mortal blow. The jury found D guilty of both counts. D appealed. D argues in part that the district court erred by excluding proof of eight prior instances of violence committed by Brown because such evidence tended to prove that Brown was the first aggressor.