Don't shoot seven times at a fellow gangster when there is an 11-year-old child right behind him!
2015-M-275 Myon Demarlo Burrell, Appellant, vs. State of Minnesota, Respondent.
2015-M-275 Myon Demarlo Burrell, Appellant, vs. State of Minnesota, Respondent.
Appellant Myon Demarlo Burrell was convicted of premeditated first-degree murder and attempted premeditated first-degree murder for the 2002 shooting death of 11-year-old Tyesha Edwards and the attempted murder of Timothy Oliver.
THE CRIME: On November 22, 2002, Timothy Oliver was standing in the front yard of his
aunt‟s house in south Minneapolis. Oliver belonged to a gang known as the Gangster
Disciples. At approximately 3 p.m., a maroon Chevy Malibu drove toward the house
where Oliver was standing. Oliver believed the car belonged to “Hans,” who belonged to
a rival gang, the Bloods. Oliver observed a man he knew as “Ike” driving the car, and a
man whom Oliver knew as “Little Skits” (Burrell) riding in the front passenger seat. Oliver
testified that he and Ike “mean-mugged” each other before the car sped away.
Minutes later, Oliver was standing on the front porch of his aunt's house when he heard gunshots from across the street. Oliver testified that he heard nine to ten gunshots and then ran to the side of the house. After the shooting ceased, Oliver returned to the front of the house and looked across the street. Oliver testified that he saw Little Skits (Burrell) standing between two houses, pointing a gun at him and pulling the trigger. Oliver further testified that he was not harmed in the shooting but his pants had a bullet hole in them.
Shortly after 3 p.m. on November 22, police responded to a report of a shooting at the house next door to Oliver‟s aunt's home. When the police arrived, they found Tyesha Edwards lying on the dining room floor of her home. Edwards had been struck in the chest and killed by a .40 caliber bullet that had penetrated the wall of her home.
The police recovered seven .40 caliber shell casings on the ground across the street from Edwards' and Oliver's aunt's houses. All seven shell casings were fired from the same gun.
On November 25, 2002, the police arrested Oliver. Oliver told the police that Little Skits (Burrell) had shot at him, but that he did not know Little Skits‟ real name. Oliver correctly identified photos of Ike Tyson and Hans Williams. Oliver also identified a photo of appellant Myon Burrell as Little Skits.
Later on November 25, the police arrested Tyson and Williams. Tyson told the police that Little Skits often stayed in Bemidji. When the police contacted the authorities in Bemidji, they learned that Little Skits was 16-year-old Myon Burrell. Tyson identified on'tphotos of Burrell as Little Skits. The police arrested Burrell on November 26, 2002.
THE CRIME: On November 22, 2002, Timothy Oliver was standing in the front yard of his
aunt‟s house in south Minneapolis. Oliver belonged to a gang known as the Gangster
Disciples. At approximately 3 p.m., a maroon Chevy Malibu drove toward the house
where Oliver was standing. Oliver believed the car belonged to “Hans,” who belonged to
a rival gang, the Bloods. Oliver observed a man he knew as “Ike” driving the car, and a
man whom Oliver knew as “Little Skits” (Burrell) riding in the front passenger seat. Oliver
testified that he and Ike “mean-mugged” each other before the car sped away.
Minutes later, Oliver was standing on the front porch of his aunt's house when he heard gunshots from across the street. Oliver testified that he heard nine to ten gunshots and then ran to the side of the house. After the shooting ceased, Oliver returned to the front of the house and looked across the street. Oliver testified that he saw Little Skits (Burrell) standing between two houses, pointing a gun at him and pulling the trigger. Oliver further testified that he was not harmed in the shooting but his pants had a bullet hole in them.
Shortly after 3 p.m. on November 22, police responded to a report of a shooting at the house next door to Oliver‟s aunt's home. When the police arrived, they found Tyesha Edwards lying on the dining room floor of her home. Edwards had been struck in the chest and killed by a .40 caliber bullet that had penetrated the wall of her home.
The police recovered seven .40 caliber shell casings on the ground across the street from Edwards' and Oliver's aunt's houses. All seven shell casings were fired from the same gun.
On November 25, 2002, the police arrested Oliver. Oliver told the police that Little Skits (Burrell) had shot at him, but that he did not know Little Skits‟ real name. Oliver correctly identified photos of Ike Tyson and Hans Williams. Oliver also identified a photo of appellant Myon Burrell as Little Skits.
Later on November 25, the police arrested Tyson and Williams. Tyson told the police that Little Skits often stayed in Bemidji. When the police contacted the authorities in Bemidji, they learned that Little Skits was 16-year-old Myon Burrell. Tyson identified on'tphotos of Burrell as Little Skits. The police arrested Burrell on November 26, 2002.
THIS APPEAL: In this post-conviction appeal, Burrell argues that he is entitled to a new trial primarily based on newly discovered evidence and the recantation of two witnesses. After granting multiple continuances for Burrell to attempt to secure the appearance of favorable witnesses and then holding an evidentiary hearing, the post-conviction court denied his petition.
On appeal, Burrell argues that the court abused its discretion when it failed to compel the appearances of favorable witnesses. He also challenges the effectiveness of his trial counsel and the legality of the sentence imposed after a remand from his direct appeal. Because we conclude that (1) the post-conviction court did not abuse its discretion when it refused to compel the appearance of witnesses at an evidentiary hearing, and (2) Burrell forfeited his ineffective-assistance-of-coun
Burrell argues that the district court failed to correct his sentence as we ordered in Burrell II, 772 N.W.2d 459, 470 (Minn. 2009). After his first trial, Burrell received a sentence of life plus 12 months in prison for committing premeditated firstdegree murder. After the retrial, the district court sentenced Burrell to life plus 60 months in prison for committing the same offense. We held in Burrell II that the longer sentence is not permitted under State v. Holmes, 281 Minn. 294, 296, 161 N.W.2d 650, 652 (1968). We therefore again remand for resentencing with instructions to the district court to impose a sentence of no longer than life plus 12 months for Burrell’s premeditated first-degree murder conviction. Affirmed in part, and remanded for the sentencing as directed.
Barry Anderson (Page, Dietzen, Stras, Wright, and Lillehaug)
Took no part: Gildea
[MURDER]
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