State of Mississippi v. Billy Shannell Nailer, Jr.

Gulfport, Mississippi criminal defense lawyer represented the Defendant charged with being a habitual offender.

On June 14, 2020, Tyler Feeney and his brother Tanner were in their cousin's boat fishing on the Biloxi River. After fishing all day, at about 9 or 10 p.m., they headed in the boat to their grandmother's house to check on her and pick up some kayaks. With Tanner driving the boat, they proceeded north up the river until they came upon some debris in the river in the Snug Harbor and Moon Lake area. At that point, they turned around to head south. Tyler knew that Nailer lived in the Snug Harbor and Moon Lake area because Tyler grew up on the river and said "[W]e kind of know everybody." Just before they turned around, Tyler noticed Nailer and a woman on Nailer's porch. Tyler testified that he did not recognize the woman but could clearly see that it was Nailer on the porch standing under a porch light. Tyler testified that the distance between the boat and Nailer was around fifty yards. Although Tyler originally thought Nailer was holding a slingshot, he later realized that Nailer was holding a crossbow.



When the Feeneys turned south at Snug Harbor, a crossbow bolt pierced the passenger boat seat. Tyler testified that the bolt hitting the seat sounded as though it had been hit with a rock. The brothers did not know what had hit them at first. After Tyler heard the sound, he looked back at Nailer's residence and saw Nailer standing under the porch light and heard a woman yelling at Nailer to "put it down, come back inside." Nailer was holding the crossbow. Tyler testified that the lights went out, and he and Tanner "took off down the river." When Tyler realized they had been shot by a crossbow, they went back to Tyler's house and called the police.



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Defendant was convicted and was sentenced to 20 years in prison.



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CRIMINAL LAW. LESSER-INCLUDED OFFENSE INSTRUCTIONS. The case discusses whether the trial court erred by denying the defendant's request for a jury instruction on simple assault as a lesser-included offense to aggravated assault, considering the evidentiary basis required for such instructions.



CRIMINAL LAW. SUFFICIENCY OF EVIDENCE. The court addresses the sufficiency of evidence regarding the defendant's intent to cause bodily harm with a crossbow, evaluating whether a rational juror could find the essential elements of aggravated assault beyond a reasonable doubt.



CRIMINAL PROCEDURE. JURY INSTRUCTIONS. The issue concerns whether jury instructions S-2 and S-5 improperly commented on the weight of the evidence, influencing the jury's consideration of intent and the identity of the assault victim.



CONSTITUTIONAL LAW. RIGHT TO TESTIFY. The case examines whether the defendant's right to testify was violated due to the absence of a formal record of waiver, and the sufficiency of a Culberson colloquy conducted by the court.



Key Phrases Habitual offender. Mississippi Code Annotated. Lesser-included offense. Aggravated assault. Right to testify.

Affirmed