State v. Jenkins
State v. Jenkins, 294 Neb. 475 (2016)
Winning Party
State of Nebraska
Key Issue
Murder in the First Degree
Case Type
CRIMINAL
Summary
The Nebraska Supreme Court affirmed the district court's judgment convicting Erica A. Jenkins of first-degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The court found sufficient evidence supporting the convictions, including Jenkins' threats and her involvement in the crime, while ruling that the admission of certain evidence was appropriate and did not constitute an abuse of discretion.
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Facts
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Jenkins got into a heated argument with Lori, and Lolo heard Jenkins yelling, “I’ll pop that bitch like I popped that nigga.”
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On August 19, 2013, Curtis Bradford's body was found near 18th and Clark Streets in Omaha, Nebraska.
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Jenkins later gave Melonie Jenkins an account of the events, stating she shot Bradford in the back of the head with her revolver, and Nikko shot him in the head with a shotgun.
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Jenkins and Nikko washed blood and brain matter off an assault rifle at Easterling's house.
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Jenkins and Nikko ran back to the car, and Nikko drove to Brian Easterling's house.
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Bradford was affiliated with a gang known as Camden Block.
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Nikko, Jenkins, and Bradford exited the car, and Lolo heard gunshots.
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Melonie testified that Jenkins and Lori fought specifically about a murder.
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On August 18, 2013, Nikko Jenkins and Bradford were at Lori Jenkins' house with an assault rifle.
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Melonie said she had also seen Jenkins with the same gun in June 2013.
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Blood on the front passenger-side floormat of Nikko's girlfriend's car also matched Bradford.
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Witnesses identified Bradford as a "duck" or puppet of P-Dough's, a member of the gang.
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Police found Brenneke brand shotgun shells, an uncommon brand in the Omaha metropolitan area, were purchased by Lori Jenkins.
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Melonie testified that sometime after Bradford’s death, she had gone over to Lori’s house and Jenkins opened the door with a black revolver in her hand.
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Easterling testified that he had seen Jenkins on two or three occasions with a revolver that was black with a wooden handle.
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Bradford was wearing sneakers, black pants, gloves, and a black hoodie with gunshot residue.
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Residents reported hearing gunshots the night of August 18, 2013.
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Jenkins allegedly planned with Nikko to kill Bradford.
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Jenkins expressed disappointment because she shot Bradford first, and then Nikko shot him.
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A shotgun slug was found near Bradford's head, and an autopsy revealed a smaller caliber bullet in his brain.
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Jenkins' brother, Nikko Jenkins, was also connected with the Camden Block gang.
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Nikko and Bradford discussed performing a robbery.
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DNA analysis matched Bradford as the major contributor among at least three contributors of DNA on the grip and trigger areas of the assault rifle.
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Nikko, Bradford, Lolo Sayles, and Jenkins drove to a rival gang neighborhood.
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Police searched Nikko’s apartment and discovered a shotgun with a shortened barrel and an assault rifle.
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Jenkins believed P-Dough was responsible for a shooting at her home in February 2013.
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Lolo testified that in February 2013, she had seen Jenkins with a revolver.
Key Holdings
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Yes, viewing the evidence in the light most favorable to the State, without evaluating witness credibility, there was sufficient evidence to support Jenkins’ convictions. Testimony at Jenkins’ trial could have led a rational juror to find, beyond a reasonable doubt, every element of the crimes for which Jenkins was convicted.
Citations
State v. Jenkins, 294 Neb. 475, 883 N.W.2d 351 (2016)
Legal Reasoning
The Nebraska Supreme Court affirmed the lower court's judgment, finding no abuse of discretion in the evidentiary rulings and concluding that sufficient evidence supported the convictions. The court held that the admission of Jenkins' threat toward Lori was direct evidence of the charged crime, not subject to exclusion under Rule 404(2). Any error in admitting testimony about Jenkins' possession of a revolver was deemed harmless because similar testimony was admitted without objection. The court found that the crime scene and autopsy photographs were probative and properly admitted, despite their gruesome nature, and that the exclusion of testimony concerning alleged misconduct by crime laboratory personnel was not an abuse of discretion. Finally, the court determined that, viewing the evidence in the light most favorable to the State, there was sufficient evidence to support Jenkins' convictions.
Outcome
The Nebraska Supreme Court affirmed the judgment of the district court.
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