Page 33 - July August 2020 TPA Journal

Count Eight charged Harris with a carjacking on Harris relies on United States v. Harris, in which
July 25, 2015. At trial, the government presented this court held that there was insufficient evidence
the following testimony from Harris’s co- to support the defendant’s carjacking conviction.
conspirators, Polk, Marshall, and Kenneth However, the facts of that case are
Demarcus Cash: approximately eleven days distinguishable. In Harris, the defendant was
before they stole the vehicle, Harris told Polk that hitchhiking and got into a stranger’s car. The two
he needed to get his own car by the end of the men drove for a period of time, and then parked in
week. On July 24, Polk, Cash, Harris, and another a secluded area. According to the defendant’s
man surveilled the house of their victims, the account, the driver pressured the defendant into
Davenports. During their surveillance, they engaging in sexual conduct, and when the
discussed their intention to steal the Davenports’ defendant walked away the driver pursued him.
Audi during the home invasion. The next day, At that point, the defendant shot him and covered
Polk, Cash, and Harris returned to the home the body. Then, he found the man’s car keys and
carrying automatic weapons. Harris broke a drove home. In that case, the record did not
window, entered the home, and opened the garage contain any evidence regarding how the two men
so Polk and Cash could also enter. Mr. Davenport, got into the car together or arrived at the secluded
who was 77, was watching television, and the men area where the body was later found. “Indeed, the
alternated keeping an eye on him. After finding record lack[ed] any evidence relating to the
cash and a locked safe, the men approached moment [the defendant] demanded or took control
Davenport and told him to open the safe. All three of the vehicle.” There was nothing from which
men pointed firearms at Davenport. Davenport the jury could infer the defendant’s intent at the
was slow to open the safe, so Harris threatened moment that he took the car, much less his intent
him, saying: “if I put one in you, I bet you will to kill or harm.
open it then.” Shortly thereafter Davenport was
In this case, Harris’s co-conspirators testified as to
able to open the safe, and he was ordered to “lie
face down on the floor” while Harris and Cash the entire series of events during which Harris
filled two duffle bags with jewelry, cash, and obtained possession of the vehicles, including the
moments when he and his co-conspirators took
guns. The men then walked Davenport to the other
end of the house, told him to go into the bathroom, control of the vehicles. Based on the trial
testimony, a reasonable jury could conclude that,
count to 100, and not call the police. Harris and
Cash slashed the Davenports’ phone cords, and in both instances, at the moment Harris and his
Cash grabbed the Audi keys off of the counter. The co-conspirators were taking each vehicle, Harris
would have seriously harmed or killed the owner
vehicle was involved in a crash as they began to
drive away. They then ran away on foot. if necessary to take control of the vehicle. Such an
inference is supported by evidence showing that
Harris argues that “the taking of the car is too Harris was in possession of a firearm when he
attenuated from any violent acts perpetrated took the vehicles, he pointed a firearm at each
against Dr. Davenport.” However, we only need to victim, he encouraged his co-conspirator to use
consider whether a rational jury could infer that physical violence against a victim if the victim did
Harris “possessed the intent to seriously harm or not comply, and Harris himself made threatening
kill [Mr. Davenport] if necessary to steal the car,” comments towards each victim. Harris entered
not whether any violent acts were perpetrated each home with the intention of taking a vehicle,
against the victim at the time that the vehicle was and the evidence supports the inference that he
taken. There was sufficient evidence for a rational would have done whatever necessary to
jury to make such an inference. accomplish his goal.

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