Opinion

State of Tennessee v. Deshawn Mancill

Court
Court of Criminal Appeals of Tennessee
Filed
Feb 6, 2015
Status
Published
On the bench
Judge Norma McGee Ogle
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

Assigned on Briefs September 16, 2014

STATE OF TENNESSEE v. DESHAWN MAHON MANCILL1

Direct Appeal from the Criminal Court for Knox County

No. 99058C Steven W. Sword, Judge

No. E2014-00278-CCA-R3-CD - Filed February 6, 2015

The appellant, Deshawn Mahon Mancill, was convicted by a jury in the Knox County

Criminal Court of possession of heroin with the intent to sell or deliver. The trial court

sentenced the appellant as a Range II, multiple offender to sixteen years in the Tennessee

Department of Correction. On appeal, the appellant challenges the sufficiency of the

evidence supporting his conviction. Upon review, we affirm the judgment of the trial court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court is Affirmed.

N ORMA M CG EE O GLE, J., delivered the opinion of the court, in which R OGER A. P AGE and

R OBERT H. M ONTGOMERY, J R., JJ., joined.

Dustin S. Dunham, Knoxville, Tennessee, for the appellant, Deshawn Mahon Mancill.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence Lutz, Senior Counsel;

Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District

Attorney General, for the appellee, State of Tennessee.

OPINION

I. Factual Background

A Knox County Grand Jury returned a multi-count indictment charging the appellant

and two co-defendants, Ricky Brown and Ronald Scott Crigger, with possession of less than

15 grams of heroin with the intent to sell; possession of less than 15 grams of heroin with the

intent to deliver; possession of alprazolam with the intent to sell; possession of alprazolam

with the intent to deliver; possession of clonazepam; being a convicted felon in possession

1

The indictment lists two aliases for the appellant: “Deshawn Ramsey” and “Chico.”

of a .40 caliber handgun with the intent to go armed; and being a convicted felon in

possession of a .380 caliber handgun with the intent to go armed. The appellant’s case was

severed from his co-defendants’ cases.

At the appellant’s trial, Ricky Brown testified that he lived in Knoxville and that he

owned Studio Premonition, a business on Magnolia Avenue. Approximately five or six

months prior to July 2011, the appellant, who was Brown’s older cousin, moved to Knoxville

from Detroit, Michigan, and lived mostly with Brown. Brown had purchased heroin from

the appellant three or four times within the weeks before the instant offenses.

Brown said that on July 28, 2011, he spent the day with the appellant and Crigger.

They went to Walmart and then proceeded to Brown’s studio. While they were at the studio,

Brown noticed that the appellant had heroin and several other types of drugs in a shopping

bag and a firearm tucked into his waistband. As the men prepared to leave to go to a

shopping mall to sell heroin, Brown told the appellant that he could not get into Brown’s

vehicle, which had been rented by Brown’s wife, “with all of that stuff on him.” The

appellant removed three packets of heroin from the bag and put the firearm and the bag with

the remaining drugs into a city dumpster outside the studio. Brown noticed that Crigger had

a gym bag in the back seat with him; however, Brown did not know what was in the bag.

Along the way, the men stopped at Sav-Way so the appellant could wire money to his

brother, Marvin. Brown said that the appellant had another brother, Myron, who went by the

nickname “Black Goat.” Marvin and Myron lived in Detroit.

Brown said that after they left Sav-Way, they went to the mall, where the appellant

intended to sell two packets of the heroin to two women they had just met. The other packet

of heroin was for Brown and Crigger; Brown intended to pay for the heroin later. After they

parked, the appellant left the heroin in the cup holder on the front center console and walked

into the mall. Brown and Crigger smoked a marijuana cigarette and then followed the

appellant. The men waited in the mall for about three hours, but the two women never

arrived. The men left the mall and got back into the car. The heroin was still in the cup

holder between Brown and the appellant. Brown backed out of the parking space while

talking on his cellular telephone and trying to put on his seatbelt.

Brown said that after they left the parking lot, he noticed an unmarked police truck

behind him with its lights flashing, and he pulled over. Because the heroin would have been

visible from outside the vehicle, Brown panicked, grabbed the packets of heroin, and put

them in his pocket. The police searched the vehicle and found his wife’s .40 caliber Glock

handgun in a lock box under the center console and a .380 caliber Bersa handgun in

Crigger’s gym bag. Brown did not know that the weapons were in the car. Police also found

a set of scales that could be used to weigh drugs. Brown did not know the scales were in the

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vehicle, but he had seen the appellant with scales on previous occasions.

On cross-examination, Brown acknowledged that he was “high” at the time he was

stopped by the police. Brown further acknowledged that the police found the heroin in his

pocket. Brown also was indicted for the possession of twenty-five Xanax pills the police

found in his left pocket and for possession of the .40 caliber Glock handgun.

On redirect examination, Brown said that one packet of heroin could be sold for thirty

dollars. Brown bought the pills from a friend “from off campus.”

Upon questioning by the court, Brown said that he did not know his wife’s gun was

in the vehicle. He explained that the lock box in the console could be unlocked with the key

to the vehicle. Brown stated that Crigger kept his gym bag closed while it was in the vehicle.

Ronald Scott Crigger testified that he had not been promised anything in exchange for

testifying truthfully against the appellant. Crigger said that at the time of the offense, he and

Brown had been friends for almost three years and that they “got high” together by using

alcohol, marijuana, heroin, or Xanax. Crigger met the appellant at Brown’s studio about six

months before the offenses. After meeting the appellant, Crigger began buying heroin from

him three times a week, paying thirty dollars for each pack of heroin.

Crigger said that he spent the day of July 28, 2011, with the appellant and Brown.

Around noon, Brown drove them to Walmart. While they were there, the appellant said that

he did not have his identification with him and asked Crigger to help him wire $1300 to his

brother, Myron Ramsey. The appellant filled out the form for the “Money Gram,” including

the recipient’s name and address, and provided the cash; Crigger signed his name to the form

and used his identification to complete the purchase. Crigger said that the appellant had not

been employed during the time Crigger had known him.

Crigger said that after they left Walmart, they went to Brown’s studio. At 1:28 p.m.,

they proceeded to Sav-Way, and Crigger helped the appellant send $1500 to the appellant’s

brother, Marvin Ramsey. Crigger did not know how the appellant obtained the money.

Crigger stated that after they left Sav-Way, they returned to Brown’s studio,

“[s]norted” some heroin supplied by the appellant, then drove to the mall so that Crigger

could purchase “funeral clothes.” Crigger said that he had been staying at a motel and that

he had his belongings, including a loaded gun, with him in a black gym bag. Crigger

explained that he had the gun because the place he had been staying was “known for

prostitution[,] crackheads, and robberies.”

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Crigger said that when they arrived at West Town Mall, the appellant gave the heroin

to Brown. Crigger was sitting in the back seat and could not see what Brown did with the

drugs. Brown intended to purchase one pack of the heroin and split it with Crigger. The

remainder of the heroin was to be sold to a girl named Cheyenne; however, she did not show

up.

Crigger said that after they were arrested and placed in a paddy wagon, the appellant

told him that if he did not “watch what [he said, he] might not say anything ever again.”

Later, the appellant sent Crigger a letter, instructing him to implicate Ricky Brown and

exonerate the appellant.

On cross-examination, Crigger said that he and Brown were close friends and that

they saw each other almost daily. After his arrest, he was interviewed by agents from the

federal Drug Enforcement Agency (DEA), and he told them about the drug activities in

which he and Brown had engaged for years. Later, when speaking with the district attorney

general, Crigger said that he was “high” during the interview with the DEA, that his

statements were “exaggerated,” and that he could not remember everything that happened

during the interview.

On redirect examination, Crigger said that during the booking process, the appellant

told the intake officer that his last name was Ramsey; Crigger had never heard the appellant

use that name. Crigger told the DEA agents that he bought all of his heroin from the

appellant.

Upon questioning by the trial court, Crigger said that he never removed his gun from

his gym bag, that he never discussed the gun with Brown or the appellant, and that neither

Brown nor the appellant ever saw the gun.

Knox County Sheriff’s Detective Adam Mitchell, an interdiction officer, testified that

around 6:30 p.m. on July 28, 2011, he saw a rental vehicle, specifically a white, 2011 Dodge

Durango, traveling on Kingston Pike. He noticed that the driver was not wearing a seat belt.

He initiated a traffic stop to issue a citation to the driver. As Detective Mitchell walked

toward the vehicle, he saw the driver reaching underneath the seat. Detective Mitchell was

concerned for his safety and asked the occupants to step out of the vehicle.

Detective Mitchell said that he called for the assistance of a “K-9” officer. When the

officer arrived, he walked a drug dog around the vehicle to perform a “sniff.” The officer

informed Detective Mitchell that the dog had alerted on the vehicle. Detective Mitchell

searched the vehicle. Underneath the driver’s seat where Brown had been sitting, Detective

Mitchell found a half-full magazine for a .40 caliber Glock handgun. In the unlocked center

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console, Detective Mitchell found a thirty-round magazine for a .40 caliber Glock handgun

and “an A.R. mag with .233 rounds inside of it.” The magazine was the type used to load an

assault rifle; however, no rifle was found in the car. Detective Mitchell also discovered a

couple of pills in the floorboard on the driver’s side. Underneath the floor mat on the

passenger side where the appellant had been sitting, Detective Mitchell located a set of

scales, which were the type used to package illegal narcotics for distribution. A loaded .40

caliber Glock handgun and three thirteen-round magazines for the Glock were in the

unlocked glove compartment. In a bag on the back seat, Detective Mitchell found a .380

caliber Bersa semi-automatic handgun.

Detective Mitchell advised the men of their Miranda rights and asked if they were

willing to speak with him. Once the men agreed to cooperate, Detective Mitchell separated

them to interview them individually. The appellant did not make a statement.

Detective Mitchell said that he performed a pat-down on the men. On Brown’s

person, Detective Mitchell discovered “packets of a plastic baggie containing lottery tickets

that contained like a brown sugar substance.” Detective Mitchell believed the substance was

heroin because it was typically sold folded in a lottery ticket. Also in Brown’s possession

were twenty-five Xanax pills. Detective Mitchell found $206 on Brown and approximately

$3300 on the appellant. Detective Mitchell said that the currency was in denominations of

ten-, twenty-, and one-hundred-dollar bills, which was consistent with the denominations

used in the sale of narcotics. Brown and the appellant each possessed a cellular telephone.

The men were arrested, and their vehicle was towed.

Detective Mitchell said that the appellant’s cellular telephone records reflected that

on July 28, 2011, a text message was sent from the appellant’s telephone to “Black Goat,”

saying, “It’s a Money Gram, No. 86756578, Ronnie Scott Crigger.” A later message from

“Black Goat” acknowledged receipt of the money. At 12:42 p.m., a text message that read

“Western Union, 0580904788, Ronald Crigger” was sent from the appellant’s telephone to

“Marv.” A return message from “Marv” asked, “How much?” The appellant responded,

“1500.”

On cross-examination, Detective Mitchell said that the .40 caliber Glock he found in

the glove compartment belonged to Brown’s wife. Detective Mitchell did not find any drugs

on the appellant.

Michael Bleakley, a special agent forensic scientist with the Tennessee Bureau of

Investigation’s (TBI) crime laboratory, testified that he tested the twenty-five white pills

taken from Brown and that they were alprazolam, a schedule IV controlled substance. He

also tested half of a blue tablet, which was identified as clonazepam, a schedule IV controlled

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substance. He tested four yellow tablets and determined they were trazodone, which was not

a controlled substance. The brown powder substance tested positive for heroin. Agent

Bleakley said that he did not obtain a net weight of all the powder; however, “[t]he net

weight of the powder that was tested was 0.05 grams, and the gross weight of the other two

lottery tickets and powder combined was 0.36 grams.”

Federal Bureau of Investigation (FBI) Agent Andrew C. Chapman testified that on

July 28, 2011, he was called to assist with the investigation, primarily because of his

involvement in the investigation of heroin drug dealers in Detroit. When he arrived, the

scene was still being processed. He learned that a few packets of heroin, cash, and firearms

had been recovered from the defendants. Agent Chapman said that finding loaded guns and

extra ammunition in close relation to heroin was not uncommon. Additionally, he knew that

heroin from Michigan was frequently packaged in lottery tickets. He did not know that

scales were found, but he stated that scales were frequently used by people who sold heroin

or cocaine. Agent Chapman said that a packet of heroin containing .1 gram usually sold for

thirty to forty dollars. He noted that having a group of people, as opposed to a single

individual, involved in selling heroin was not uncommon. He explained that the people in

the group could have different roles in the enterprise. Agent Chapman further noted that he

had seen a number of wire transfers from drug dealers in Tennessee to pay their suppliers in

Detroit. He stated, “[T]hey usually have other people who they have wire money for them

so it’s not building a track record under their own name.”

Agent Chapman learned that the defendants “had a Michigan connection,” which

made him want to investigate further. At least one of the defendants indicated a desire to

speak with Agent Chapman, so they were transported to the Knox County Detention Facility

to be interviewed.

Agent Chapman said that the appellant declined to be interviewed. Nevertheless, the

appellant told the officers, “Look, here’s the way I see it. . . . The guns are not mine. The

drugs were on somebody else. . . . I had a quantity of money in my pocket that may or may

not have been []legally earned.” Agent Chapman said that the appellant was not rude and

that he spoke in a “business like” manner.

At the conclusion of the State’s proof, defense counsel made a motion for a judgment

of acquittal on all charges. The trial court granted the motion as to the charge of being a

convicted felon in possession of a .380 caliber handgun with the intent to go armed but

overruled the motion as to all other charges.

The appellant testified that he grew up in Detroit but that he came to Knoxville to live

a few months prior to his arrest. He said that on July 28, 2011, he, Brown, and Crigger went

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by Brown’s studio to clean up from a party that had been held there the previous night. The

appellant said that the parties at Brown’s studio were attended by “college kids.” At the

parties, the appellant, Brown, and Crigger “partied, we all used drugs of different sorts,

Xanax, heroin, marijuana, and we all drank.”

The appellant said that they also stopped so he could transfer money to his brothers

to help his mother who was being evicted; however, he did not say where they stopped. The

appellant said that neither Brown nor Crigger knew about his family’s troubles. The

appellant had left his identification in his workout clothes; therefore, he asked Crigger to

make a transfer to each of the appellant’s brothers: one to Marvin Ramsey and the other to

Myron Ramsey.

The appellant said that after making the money transfers, they went to the mall to buy

clothes for upcoming events. Afterward, as Brown was reaching for his seat belt while

driving the men away from the mall, an officer initiated a traffic stop. Brown told the

appellant that they were being pulled over because Brown was not wearing his seat belt.

While Detective Mitchell was approaching the vehicle, Brown reached under his seat. The

appellant denied that any drugs were in the vehicle.

The appellant said that Detective Mitchell asked the men to step out of the vehicle.

They complied and sat on the curb. A “K-9” unit arrived, and officers searched the vehicle.

The appellant heard the officers say that they found guns and pills in the vehicle. The

appellant asked Brown, “What all you got in the car?” Brown responded that he had drugs

in his pocket.

The appellant said that after the guns were found, the officers handcuffed them,

advised them of their Miranda rights, and searched them. The appellant told the police, “You

can have my phone. You don’t have to get a search warrant. I have nothing to hide.” As the

officers searched the appellant, they found receipts for the two money transfers. Additionally,

they confiscated $3200 in cash from the appellant. During a search of Brown, the officers

found heroin and “a whole bunch of white pills” in his pocket.

The appellant said that he had no drugs in his possession and had nothing to do with

the drugs found in the vehicle or on Brown’s person. The appellant said that if he had known

about the drugs, he would have told Brown to get rid of them or would have refused to ride

in the vehicle with them. The appellant also denied knowing about the guns in the vehicle.

He stated that they went to the mall to buy clothes, not to sell drugs. The appellant said that

the money he had in his pocket was all the money he had and that he had taken it from his

savings to move to Knoxville. The appellant explained that he was carrying all of his money

with him because Brown and Brown’s wife were “hitting [his] pockets.”

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The appellant acknowledged that he, Brown, and Crigger had previously sold and

used drugs; he denied possessing or selling any drugs on July 28. He asserted that Brown

reached under the seat of the car to hide something; however, he ran out of time and shoved

the items in his pocket.

On cross-examination, the appellant said that Ramsey was his father’s last name, that

his mother’s maiden name was Mancill, and that his parents were not married when he was

born. The appellant acknowledged a prior conviction for armed robbery. The appellant said

that he had started working at Ole Ben Franklin Motors in west Knoxville shortly before his

arrest and that he had been living with Brown in low income housing. The appellant paid a

small amount of money to offset the groceries he used while living there. The appellant said

that he had previously sold Xanax or sleeping pills. He had used heroin but claimed that

selling heroin was Brown’s “area.” The appellant acknowledged that his brother, Myron

Ramsey, went by the nickname “Black Goat.”

At the conclusion of the proof, the jury convicted the appellant of possession of less

than .5 grams of heroin with the intent to sell and possession of less than .5 grams of heroin

with the intent to deliver; the appellant was acquitted of all other charges. At the sentencing

hearing, the trial court merged the two convictions and imposed a sentence of sixteen years.

On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction.

II. Analysis

On appeal, a jury conviction removes the presumption of the appellant’s innocence

and replaces it with one of guilt, so that the appellant carries the burden of demonstrating to

this court why the evidence will not support the jury’s findings. See State v. Tuggle, 639

S.W.2d 913, 914 (Tenn. 1982). The appellant must establish that no reasonable trier of fact

could have found the essential elements of the offense beyond a reasonable doubt. See

Jackson v. Virginia, 443 U.S. 307, 319 (1979); Tenn. R. App. P. 13(e).

Accordingly, on appeal, the State is entitled to the strongest legitimate view of the

evidence and all reasonable inferences which may be drawn therefrom. See State v.

Williams, 657 S.W.2d 405, 410 (Tenn. 1983). In other words, questions concerning the

credibility of witnesses and the weight and value to be given the evidence, as well as all

factual issues raised by the evidence, are resolved by the trier of fact, and not the appellate

courts. See State v. Pruett, 788 S.W.2d 559, 561 (Tenn. 1990).

The guilt of a defendant, including any fact required to be proven, may be predicated

upon direct evidence, circumstantial evidence, or a combination of both direct and

circumstantial evidence. See State v. Pendergrass, 13 S.W.3d 389, 392-93 (Tenn. Crim. App.

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1999). Even though convictions may be established by different forms of evidence, the

standard of review for the sufficiency of that evidence is the same whether the conviction is

based upon direct or circumstantial evidence. See State v. Dorantes, 331 S.W.3d 370, 379

(Tenn. 2011).

In order to sustain the appellant’s conviction, the State was required to prove that the

appellant knowingly possessed heroin with the intent to sell or deliver. Tenn. Code Ann. §§

39-17-406(c)(11); 39-17-417(a)(4), (b). The appellant insists that there was no “consistent”

evidence that he possessed or intended to sell the heroin or that he constructively possessed

the heroin with the intent to sell. He complains that the State’s witnesses “gave conflicting

testimony about the heroin,” such as Brown’s assertion that the appellant left the heroin in

the cup holder compared with Crigger’s assertion that the appellant handed Brown the

heroin. The appellant further notes that although Crigger never indicated the men sold heroin

earlier in the day, Brown said the appellant sold heroin to two women that day. He argues,

accordingly, that the evidence was insufficient to sustain his conviction. The State counters

that the evidence is sufficient.

Turning to the merits of the appellant’s claims, we note that our case law establishes

that possession of an object can be either actual or constructive. See State v. Transou, 928

S.W.2d 949, 955 (Tenn. Crim. App. 1996). To find constructive possession, it must be

shown that the person accused had the power and intention at a given time to exercise

dominion and control over the object directly or through others. See State v. Cooper, 736

S.W.2d 125, 129 (Tenn. Crim. App. 1987). In other words, “‘constructive possession is the

ability to reduce an object to actual possession.’” Id. (quoting State v. Williams, 623 S.W.2d

121, 125 (Tenn. Crim. App. 1981)).

In the light most favorable to the State, the proof at trial revealed that the appellant

had recently moved to Knoxville from Detroit and that he lived with his cousin, Brown.

After the appellant’s arrival in Tennessee, Crigger and Brown bought heroin from him on

multiple occasions. On July 28, 2011, the three men made two separate stops so that the

appellant could wire large sums of money to his brothers in Detroit. The appellant supplied

the cash but used Crigger’s identification and name on the transfers. The police later found

receipts and text messages corroborating the transfers. While the men were together, the

appellant sold heroin to two women. The men went to the mall to sell more heroin to the

women and to buy clothes. Before they entered the mall, the appellant left the heroin in the

cup holder in the center console of the vehicle. After leaving the mall, they were stopped

by Detective Mitchell. As Detective Mitchell approached the vehicle, Brown put the heroin

in his pocket to conceal it. The police searched the vehicle and found two handguns and a

set of scales that could be used for weighing drugs, such as heroin or cocaine, for sale.

Brown admitted that he had seen the appellant with scales on previous occasions. Detective

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Mitchell searched Brown and found heroin packaged inside of lottery tickets, which was the

typical way heroin from Detroit was packaged. Agent Chapman said that he had

investigated “Detroit based heroin drug dealers” and noted that drug dealers in Tennessee

commonly used other people to assist them in making wire transfers to pay their suppliers in

Detroit to avoid “building a track record under their own name.” The appellant, who was

not employed, had a large amount of cash in denominations commonly found on drug

dealers. After the men were arrested, the appellant threatened Crigger. Additionally, the

appellant acknowledged to Agent Chapman that the money found on the appellant’s person

may not have been legally obtained. Sometime later, the appellant sent Crigger a letter,

ordering him to implicate Brown and exonerate the appellant.

Although the appellant attempted to explain the money transfers and to shift the

blame entirely to Brown, the jury discredited the appellant’s version of events and accredited

the testimony of the State’s witnesses. The jury, not this court, determines the credibility of

the witnesses and the weight and value to be given their testimony. See State v. Millsaps,

30 S.W.3d 364, 368 (Tenn. Crim. App. 2000). We may not now reconsider the jury’s

credibility assessment. See State v. Carruthers, 35 S.W.3d 516, 558 (Tenn. 2000). We

conclude that the evidence was sufficient to sustain the appellant’s conviction of possession

of heroin with the intent to sell or deliver.

III. Conclusion

Finding no error, we affirm the judgment of the trial court.

_________________________________

NORMA McGEE OGLE, JUDGE

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