Wednesday, November 2, 2016

Drug Territory Execution in Minneapolis


2006-M-11          State of Minnesota, Respondent, vs. Brian Keith Edwards, Appellant.

DESCRIPTION OF THE CRIME:  On of January 28, 2004, Timothy Oliver was shot and killed in an exchange of gunfire with Edwards in the 2100 block of Elliot Avenue in South Minneapolis.  Edwards was seated in the drivers seat of a Dodge Caravan and Oliver was outside the vehicle by the front passenger window. Witnesses named Edwards as the shooter.  Police arrested and questioned Edwards several hours later.

Edwards initially told the police that he was home asleep at the time of the shooting.  Then he said he was in the back seat of the van and that the driver, somebody named D.J. was the shooter.   Eventually, Edwards admitted he shot Oliver but told the police that Oliver shot first.

PRIOR PROCEEDINGS: A Hennepin County jury found Edwards guilty of first-degree premeditated murder committed in a drive-by shooting.  Judgment of conviction was entered and Edwards was sentenced to life in prison.

This direct appeal, Edwards argues that he was denied a fair trial by the admission of opinion testimony on a legal issue and by the submission of a jury instruction on an aggressors right to claim self-defense. We affirm the conviction and life sentences of Edwards.

THIS DECISION:  Justice Gildea joined the majority opinion of Chief Justice Russell Anderson in upholding the conviction and sentence in this case.

First, Edwards challenged the trial court’s decision to allow the Minneapolis Police Department’s forensic scientist to offer his expert opinion about Oliver’s’ intent to shoot victims with his return fire in the target vehicle based on the lines from long wooden rods placed from bullet holes in the vehicle surface between where the shooter was standing beside the vehicle and the site of entry wounds inside the vehicle.  The scientist testified that he did not think Oliver was aiming at people in the van in which Edwards was shooting.

“We agree with the state’s characterization of the testimony.  In context, it is apparent that the testimony related to the likelihood of Oliver’s shots hitting the vehicle’s occupants, not to Oliver’s intent when firing them. The apparent purpose of this testimony was to raise the inference that because the bullets were at angles and locations in the car that made them unlikely to hit the occupants, something (like a gunshot wound) interfered with Oliver’s aim. Although the question was poorly worded, admission of the testimony was not an abuse of discretion.”

Second, Edwards challenged the trial court’s jury instruction regarding his self-defense claim.  The trial court had used the following recommended instruction:

“If the defendant began or induced the incident that led to the necessity of using force in the defendants own defense, the right to stand the defendants ground and thus defend himself is not immediately available to him.  Instead, the defendant must first have declined to carry on the affray and have honestly tried to escape from it, and must clearly and fairly have informed the adversary of a desire for peace and of abandonment of the contest.  Only after the defendant has done that will the law justify the defendant in thereafter standing his ground and using force against the other person.”

The Minnesota Supreme Court held:  “Evidence indicating that Edwards was the initial aggressor included testimony that he was driving around with a charged semiautomatic handgun, ready to be fired, on his lap; that he was trying to resolve a drug-territory problem with Oliver; that he gave Oliver a threatening look and twice initiated contact; that when he put on gloves, the van owner knew something was going to go down and it wasnt right and said, God, please dont let me get shot.  Please dont do this in my car;”  and that Edwards called Oliver over to the van and shot Oliver before Oliver pulled out his handgun.  This provided a rational basis for the jury to conclude that Edwards began or induced the incident that led to the necessity of using force in the defendants own defense.”

Edwards' conviction was upheld.

DATE OF DECISION:  July 13, 2006
RECORD NUMBER:  2006-115
FULL OPINION:  A04-2396,
DESCRIPTION:  [MURDER] [DRUGS]


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