Monday, September 18, 2017

Don't seek revenge next to the Super America when you have been captured in costume on the store's security video.

2015-M-278       Ramsey County, State of Minnesota, Respondent, vs. Joseph Haywood Campbell, Appellant.

THE CRIME:  This case involves Campbell's assassination of Naressa Campbell at a St. Paul intersection on October 14, 2012.

The events giving rise to Turner’s death began with the February 2012 murder of Dominic Neeley, an Eastside Boys gang member.  Although Turner was not a gang member, she was affiliated with both the Eastside Boys and the Selby Siders gangs, and witness testimony indicated that Turner’smurder was in retaliation for her suspected role in setting up Neeley’s murder.  Immediately after Neeley's 2012 murder, social media claimed that Turner had set up Neeley, so she fled to Georgia, but she returned to Minnesota by October.


On the morning of October 14, 2012, Campbell, an associate of the Eastside Boys gang, visited L.J.’s home.  According to L.J., while at her home, Campbell had a cell phone conversation using his speakerphone in which the caller mentioned to Campbell that Turner, who had moved out of town, had returned to the area.  To this comment, Campbell replied, “F--k her,   F--k her, she’s an ‘OP.’ ”  Testimony indicated that "O.P." is a term of hateful derision for someone who was from an "other part" of town.

  L.J. also testified that Campbell had a handgun in his possession.  After leaving L.J.’s home, Campbell received a ride from I.R. to a Super USA gas station on 7th Street East in St. Paul.  I.R., a music producer, testified that Campbell was wearing a black North Face jacket.  The gas station surveillance camera recorded Campbell wearing a black North Face jacket and what witnesses described as a “Halloween mask.”

That afternoon, Turner, along with her sister’s boyfriend W.A., went riding in W.A.’s Cadillac Escalade to purchase marijuana.  They met with L.H. at the Super USA gas station on 7th Street East.  L.H. was driving a Chevy Malibu with his girlfriend E.S. and his cousin R.B. as passengers.  After leaving the gas station, W.A. followed L.H.’s car to a nearby alley, where they parked.  I.R., Campbell, C.B., and D.M. then drove through the same alley in I.R.’s car.

After passing W.A.’s Escalade, Campbell asked to be let out of the car.  I.R. stopped the car, and Campbell and C.B. got out at a nearby corner.  Moments later, a masked person approached the Escalade from the driver’s side, walked behind it to the rear passenger-side door, and fired nine shots from a .22 caliber handgun into the vehicle at Turner, who sustained multiple gunshot wounds that resulted in her death.

MAJORITY:  t Joseph Haywood Campbell guilty of:  (1) first-degree premeditated murder for the benefit of a gang; (2) first-degree premeditated murder; and (3) second-degree intentional murder, for the October 14, 2012, death of Naressa Turner. 

The trial court convicted Campbell and sentenced him to life imprisonment without the possibility of release on count one—first-degree premeditated murder for the benefit of a gang. 

Campbell raises two issues on appeal:  (1) whether the trial court committed reversible error when it admitted as substantive evidence out-of-court statements made to the police by one of the State’s witnesses; and (2) whether the trial court committed reversible error when it admitted Spreigl evidence relating to a November 6, 2009, shots-fired incident. 

For the reasons discussed below, we affirm Campbell’s conviction.

HELD:  1.  Because the grounds for defense counsel’s objection to the admission of out-of-court statements made by one of the State’s witnesses are not clear from the context of the objection, we review the trial court’s evidentiary ruling for plain error.

2.  Appellant failed to establish that the allegedly erroneous admission of the witness’s out-of-court statements affected his substantial rights.

3.  The trial court’s allegedly erroneous admission of Spreigl evidence was harmless because it did not substantially influence the verdict.

 Affirmed.

Page (Gildea, Anderson, Dietzen, Stras, Wright, and Lillehaug)
[MURDER]

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