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Kass v. State

The trial court did not abuse its discretion in declining to strike two jurors for cause, since the jurors did not express opinions that were so fixed that they could not set them aside, follow the trial court's instructions and render a decision based on the evidence presented at trial.

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Appellant Brian Kass was convicted of malice murder and related crimes concerning the shooting death of Martinez Turner.1 On the day in question, Turner came to appellant’s house and was talking with Chappelle Witherspoon, who was appellant’s girlfriend, about a dispute Witherspoon was having with Turner’s niece. Witherspoon testified that appellant, who appeared to be upset, came outside and interrupted the conversation. Witherspoon then went back inside the house. Witherspoon said a few moments after going into the house, she heard a gunshot and, upon looking outside, saw the unarmed Turner on the ground and appellant walking away with a gun in his hand.

A few minutes after the shooting, appellant ran with Witherspoon to a house that was near his own to make a phone call. A witness inside the house testified that appellant was covered in blood and said he had just killed someone. Phone records and testimony showed appellant used Witherspoon’s phone to make a call to an acquaintance. The acquaintance testified that appellant said he had just killed someone and needed a ride. The acquaintance, who happened to be a confidential informant for a federal agency, then called a federal agent to report what appellant said about killing someone. The federal agent contacted local authorities immediately. Soon after the federal agent’s call, the police received a 911 dispatch reporting a shooting at appellant’s residence. Meanwhile, appellant and Witherspoon went their separate ways2 and appellant eventually fled the state.

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