If you are going to beat, strip, and execute a man, try to carry the plunder more than two blocks from the robbery before police arrest you with the murder weapon at your feet.
2015-M-282 State of Minnesota, Respondent, vs. Nisius Dealvin McAllister, Appellant.
2015-M-282 State of Minnesota, Respondent, vs. Nisius Dealvin McAllister, Appellant.
Based on a homicide that occurred during an aggravated robbery, a jury found appellant Nisius Dealvin McAllister guilty of first-degree premeditated murder and first-degree felony murder.
THE CRUME: Michael McMillan was shot and killed after enduring a brutal beating at the hands
of three men: McAllister and two of his nephews. These events occurred early in the morning in an alley in south Minneapolis, where four eyewitnesses saw McAllister and his nephews repeatedly
punch and kick McMillan. During the beating, the men removed McMillan’s clothes and one of the men shot him. At trial, multiple witnesses testified that, after the three men fled from the alley, one of the men returned to shoot McMillan again. McMillan died two weeks later of an infection from gunshot wounds to his neck and lower back.
Just a few minutes after the shooting, police officers arrested McAllister and a nephew on the street approximately two blocks south of the alley, while another officer arrested the other nephew a block away.
Among other things, the officers discovered two cellphones, a set of keys, and an envelope and a piece of paper both bearing McMillan’s name near the location where the officers arrested
McAllister and the nephews. The officers also found a loaded .380 semiautomatic pistol—the
same caliber handgun used to shoot McMillan—in a nearby flowerbed.
THE CRUME: Michael McMillan was shot and killed after enduring a brutal beating at the hands
of three men: McAllister and two of his nephews. These events occurred early in the morning in an alley in south Minneapolis, where four eyewitnesses saw McAllister and his nephews repeatedly
punch and kick McMillan. During the beating, the men removed McMillan’s clothes and one of the men shot him. At trial, multiple witnesses testified that, after the three men fled from the alley, one of the men returned to shoot McMillan again. McMillan died two weeks later of an infection from gunshot wounds to his neck and lower back.
Just a few minutes after the shooting, police officers arrested McAllister and a nephew on the street approximately two blocks south of the alley, while another officer arrested the other nephew a block away.
Among other things, the officers discovered two cellphones, a set of keys, and an envelope and a piece of paper both bearing McMillan’s name near the location where the officers arrested
McAllister and the nephews. The officers also found a loaded .380 semiautomatic pistol—the
same caliber handgun used to shoot McMillan—in a nearby flowerbed.
The district court entered a judgment of conviction of first-degree premeditated murder, and sentenced McAllister to life imprisonment without the possibility of release.
THIS APPEAL: McAllister challenges his conviction on two grounds. First, he argues that the State’s evidence was insufficient to prove that he intentionally aided another in committing the murder. Second, he argues that the district court erred when it admitted recordings of portions of hisinterrogations into evidence that included statements he made after allegedly invoking his right to remain silent. We affirm.
HELD: 1. The record contains sufficient evidence to support the conviction of first-degree premeditated murder.
2. The error, if any, in admitting recordings of portions of the appellant’s interrogations into evidence at trial was harmless beyond a reasonable doubt. Affirmed
Stras (Gildea, Page, Anderson, Dietzen, Wright, and Lillehaug)
[MURDER]
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