State v. Knox

Syllabus

Convicted, after a jury trial, of the crime of criminal possession of a firearm in connection with the shooting death of the victim, and with being a persistent serious felony offender, the defendant appealed to this court. The victim and some friends argued outside a cafe with another group that included the defendant. At some point, the defendant withdrew a handgun. The victim appeared to reach for a gun in his waistband and the defendant shot the victim, who fell to the ground injured. The victim discharged his gun while on the ground. The defendant then fled the scene with his gun. The victim later died as a result of his injuries. Approximately one month after the incident, the defendant was arrested and was briefly interviewed by a detective, B, before invoking his right to counsel, ending the interview. The next day, the defendant informed another officer that he wanted to speak with B. During this second interview, B informed the defendant of his Miranda rights (384 U.S. 436). The defendant expressly stated that he understood and waived these rights. During the course of the second interview, the defendant admitted to being outside the cafe at the time of the shooting. Certain statements made by the defendant during his second interview with B were admitted into evidence. After a jury trial, the defendant was found guilty of criminal possession of a firearm and tampering with physical evidence and with being a persistent serious felony offender. Thereafter, the trial court granted the defendant's motion for judgment of acquittal as to the charge of tampering with physical evidence, and the state, on the granting of permission, appealed to this court. Held: 1. The trial court properly granted the defendant's motion for a judgment of acquittal with respect to the charge of tampering with physical evi- dence, as no reasonable trier of fact could have found the defendant guilty; the state presented insufficient evidence that the defendant intended to impair the