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Medley v. United States

Court of Appeals of Columbia District

December 18, 2014

JAMARR MEDLEY, ANTOINE RICHARDSON and LUCIOUS MCLEOD, APPELLANTS,
v.
UNITED STATES, APPELLEE

Argued: September 16, 2014.

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Appeals from the Superior Court of the District of Columbia. (CF3-25785-09, CF3-4288-10 and CF3-2027-11). (Hon. Ann O'Regan Keary, Trial Judge).

Mikel-Meredith Weidman, Public Defender Service, with whom James Klein, Jaclyn Frankfurt and Shilpa Satoskar, Public Defender Service, were on the brief, for appellant Medley.

Antoine F. Richardson, Pro se.

Cory L. Carlyle for appellant McLeod.

Nicholas P. Coleman, Assistant United States Attorney, with whom Ronald C. Machen, Jr., United States Attorney, and Elizabeth Trosman, John P. Mannarino and David Gorman, Assistant United States Attorneys, were on the brief for appellee.

Before BLACKBURNE-RIGSBY and THOMPSON, Associate Judges, and REID, Senior Judge.

OPINION

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Thompson, Associate Judge :

Following a joint jury trial, appellants Antoine Richardson and Jamarr Medley were found guilty of assault with a dangerous weapon (ADW), aggravated assault while armed (AAWA), and assault with significant bodily injury (ASBI), and appellant Lucious McLeod was found guilty of assault with intent to kill while armed (AWIKWA), AAWA, ASBI, and obstruction of justice. Appellants raised several claims on appeal. Richardson argues that the trials were misjoined under S.Ct. Crim. R. 8 (b). Each appellant argues that his trial should have been severed from the trial of the other appellants. Medley and McLeod contend that statements made by appellant Richardson during recorded jail calls should not have been admitted without (further) redaction and also argue that some of their convictions merge. Richardson and Medley argue that the victim did not suffer " serious bodily injury" for purposes of the AAWA statute, and therefore that their AAWA convictions should be reversed. In addition, Richardson assigns as error the trial court's (1) admission of evidence that he previously assaulted another individual; (2) failure to instruct the jury that Richardson's initial encounter with the victim was not part of the charged conduct; and (3) refusal to provide a missing evidence instruction to the jury. Richardson also raises an issue with respect to the Bureau of Prison's payment schedule for the fines imposed as part of his sentence. For the reasons that follow, we affirm but remand for the trial court to vacate the convictions that merge with appellants' AAWA convictions.

I. Background

Appellants' convictions arose out of two assault incidents, involving the same victim but transpiring a year apart from each other. Only Medley and Richardson were charged with the first assault; only McLeod was charged with the second assault. The jury heard the following evidence.

A. The November 10, 2009, Assault (Richardson and Medley)

Cordell Brown testified that on November 10, 2009, he was walking on B Street, S.E., near its intersection with Bass Place, when appellant Richardson approached him. According to Brown, Richardson asked him why he had provided cocaine to Jeanetta Smith, a young woman with whom Richardson was romantically involved. Although Brown denied having given cocaine to Smith, Richardson responded by hitting Brown on the head with a pole.

Brown testified that he walked around a corner to escape Richardson, but saw Richardson come around the corner, following him. When Brown approached Richardson and said, " Man, you hit me," Richardson again used the pole to hit him. Brown and Richardson began grappling, with Brown ...


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