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State v. Scott

Supreme Court of New Hampshire

May 12, 2015

THE STATE OF NEW HAMPSHIRE
v.
RICHARD SCOTT

Argued: March 31, 2015

Hillsborough - northern judicial district

Joseph A. Foster, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Dana Alan Curhan, of Boston, Massachusetts, by brief and orally, for the defendant.

CONBOY, J.

The defendant, Richard Scott, appeals his convictions, following a jury trial, on one count of attempted murder, see RSA 629:1 (2007); RSA 630:1-a (2007), and one count of being a felon in possession of a deadly weapon, see RSA 159:3 (2014). We affirm.

I

The jury could have found, or the record supports, the following facts. On July 26, 2013, Terrence Jackson was at a friend's apartment in Manchester with a woman named Darlene. At around 6:00 a.m., Jackson heard another friend, "Jay, " banging on the back door of the apartment. Jackson testified that he had known "Jay" for only a few months, but that the two of them often spent time together "hang[ing] out" and selling drugs. Jackson later identified "Jay" as the defendant.

Jackson testified that he did not open the door for the defendant because he had "never seen [the defendant] that angry before." Shortly thereafter, Jackson received a telephone call from a woman who wanted to stop by the apartment because he was selling drugs. Jackson testified that it was "not unusual" for someone to come to the apartment at 6:00 a.m.

Approximately 20 minutes later, the woman who had called Jackson entered the apartment, followed by the defendant. The defendant and Jackson had "words." Darlene and the other woman left, leaving only Jackson and the defendant in the apartment.

The defendant confronted Jackson about threatening text messages that he had received from one of Jackson's friends. The defendant was also upset because Jackson owed him approximately $600 for drugs. The defendant eventually pulled out a gun, which was the same gun that Jackson had previously lent to the defendant. Jackson threw approximately $600 on the floor, but the defendant did not pick up the money, stating that he knew that Jackson had more money on him. Jackson testified that he did have about $10, 000 in his back pocket from selling drugs.

As the conversation between the defendant and Jackson escalated to an argument, two women entered the apartment for a short period of time, during which the defendant put the gun away. Once the women left, the defendant pulled the gun out again, pointed it at Jackson, and asked him for the money. Jackson told the defendant that if he wanted the money, he would have to shoot him. The defendant then said "[t]ake this, " shot Jackson in the face, and took the $10, 000 that Jackson had in his pocket. As he left the apartment, the defendant pointed the gun at Jackson again and Jackson heard a "click."

After being shot, Jackson disposed of drugs in his possession and changed his shorts because there was drug residue in his pockets. He then called 911. Jackson told the 911 operator that he had been shot, but that he did not know who shot him or the type of gun used; however, at trial, Jackson testified that he lied to the operator about not knowing who shot him and not knowing what gun was used because he was afraid of the defendant and the police. After the police arrived at the scene, Jackson told an officer that he was shot while sleeping and that he could not identify the shooter.

Jackson was taken to the hospital, and the police interviewed him there. Jackson again told the police that he was sleeping when he was shot. At trial, however, he admitted that he lied to the police because he was scared. Jackson also provided the police with a description of the shooter.

The day after the shooting, Detective Mucci and another detective interviewed Jackson while he was still in the hospital. Mucci testified that he knew that the apartment where Jackson had been shot was being investigated for drug activity. He also testified that he had had prior contact with various individuals ...


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