The State of South Carolina v. Kenneth Lamont Robinson, Jr.

Charleston, South Carolina criminal defense lawyers represented Defendant charged with murder and attempted murder.



Shortly after midnight, in the early morning hours of May 10, 2015, Richard

Simmons contacted the North Charleston Police Department to report gunshots.

While Simmons was talking to Robinson, Kelly Green, and Latrell Hamilton

outside of Robinson's home, a moving vehicle fired at the group. None of the men

were wounded, but Simmons's car was damaged. An officer responded to the

scene, collected evidence, and then left not long after he arrived. Simmons,

Robinson, Green, and Hamilton then began calling their friends, whom they knew

had guns, to come to Robinson's house to prepare for another shooting should one

occur. At trial, Simmons testified that Keon Anderson, Robinson's uncle,

Derrontae Holmes, and two other men responded to their calls and showed up with

guns.

At roughly 1:30 A.M., while the men stood in Robinson's yard conversing,

occupants of another car shot in close proximity to the men;

1 however, according

to Simmons, the shots were not fired directly at them. All the men jumped into

three separate cars to chase their assailants. Simmons, Robinson, and Anderson all

got into the same car, a Honda CR-V, and all three were armed. Simmons drove,

Robinson was in the front passenger seat, and Anderson was in the right rear

passenger seat.

While patrolling the neighborhood, the posse spotted an unfamiliar Chrysler 300,

and someone shot at the vehicle. A car chase ensued as the Chrysler 300 attempted



1 There is confusion in the record as to whether the second shooting was a drive-by

or whether the assailants were on foot. Simmons testified the shots came from a

vehicle, but he did not see the vehicle. Others testified that the shooters were on

foot.

to escape. The chase lasted roughly ten and a half miles,

2 and two of the vehicles

dropped out of the chase because the Chrysler 300 was much faster. After losing

sight of the Chrysler 300 and searching for a short time, Simmons pulled up beside

an identical Chrysler 300 stopped at a traffic light. Over objection from Robinson

and Anderson, Simmons shot several times into the driver's side door of the

Chrysler. Simmons even stated he had to push Robinson out of the way to fire the

gun. Although Simmons fired his own weapon at the car, he had to retrieve it from

Robinson who was using it because Robinson's gun was out of bullets. Inside the

mistaken Chrysler was Kedena Brown (Victim). She died from two gunshot

wounds—one to the left side of her head and one to the left side of her throat.

Police arrested Robinson for the murder several days later.

As a juvenile, the family court initially held jurisdiction over Robinson, but the

State moved to transfer jurisdiction to Charleston County General Sessions court.

After a hearing, the family court issued an order that determined it was in the best

interest of Robinson and the public that he be tried as an adult. In the court's order,

it evaluated Robinson's case under the Kent3 factors and determined the factors

militated towards a transfer of jurisdiction. After the transfer, a Charleston County

grand jury indicted Robinson for murder and four counts of attempted murder.

Thereafter, Simmons, who was adamant Robinson was the shooter throughout the

investigation of Victim's death, confessed he was the triggerman. Robinson,

arguing this was newly-discovered evidence, filed a motion with the trial court

seeking a transfer of jurisdiction back to the family court. Robinson claimed that

because he was not the shooter, his culpability in Victim's murder was diminished.

He argued this critical fact was in dispute when the family court made its decision,

and had this fact been known to the family court, it would have been more likely to

retain jurisdiction over his case. The trial court refused to transfer jurisdiction,

finding the family court's transfer order articulated all the relevant Kent factors and

that this new fact alone was insufficient evidence to warrant a transfer.

Prior to his trial, Robinson argued to suppress all evidence that associated him with

a gang pursuant to Rule 404(b), SCRE. The State's theory for introducing such



2 It was disputed whether the occupants of the Chrysler were shooting back at the

three cars during the chase. Simmons claimed he never saw shots fired from the

Chrysler. Anderson testified to the contrary. The Chrysler was pulled over shortly

after the chase and no guns were found in the car, but two of the Chrysler's

occupants tested positive for gunshot residue several hours after their arrest. 3 Kent v. United States, 383 U.S. 541, 566–67 (1966).

evidence was that the shootings at Robinson's home, provoking Victim's murder,

were the product of a gang war in Robinson's neighborhood. The State intended to

prove Robinson was a member of the Young Gunnas, a rival gang of Loud Pack,

and that the gang war served as motive and intent for Victim's murder. The court

denied Robinson's motion, stating the gang evidence was relevant, the State could

prove his involvement in the gang by clear and convincing evidence, and the

documented shootings between the gangs were admissible to prove motive, intent,

or a common scheme. The court also found that although the introduction of the

evidence created a genuine risk of unfair prejudice, it did not violate Rule 403,

SCRE.

At trial, through sixteen of its thirty-two witnesses, the State elicited testimony

regarding the supposed gang war. The State questioned witnesses about their

affiliations with the two gangs, Robinson's affiliation with the Young Gunnas, two

other murders that occurred in Robinson's neighborhood, and several other

shootings in the neighborhood. At the outset of trial, the State questioned the four

men who occupied the Chrysler 300 during the car chase. All four men testified

they did not know the nine men chasing them, except for Robinson and Simmons,

and that the posse had no reason to shoot at them. The men also testified they did

not know what caused friction between the Young Gunnas and Loud Pack or if

tension even existed. They also stated they were not members of Loud Pack and

that they did not know if Robinson was a Young Gunna.

Simmons, Anderson, Green, and Leroy Manigault also testified about the gangs.

Simmons testified that he knew of the gangs but was not a member of the Young

Gunnas. He stated, however, that he was associated with the gang because his

friends were members. When asked if Robinson was a member of the gang,

Simmons first stated "I don't think so" but then admitted Robinson was a member

after further questioning. He also stated he thought it was Loud Pack members that

shot at him but that he did not think the men who occupied the Chrysler 300 were

in that gang. Simmons further testified he was not sure what caused the friction

between the two gangs but noted the "streets were saying" Robinson's cousin, who

was the head of the Young Gunnas, killed a member of Loud Pack. Anderson

stated he knew of the gangs and their conflicts but it was "street talk, nothing that

[he] knew for sure." Like Simmons, Anderson did not know the men identified in

the Chrysler 300 or why they would target his group. He also said he had heard

Robinson was a Young Gunna but that the gang was not active in 2015.

Manigault, a participant in the car chase and the supplier of Robinson's weapon,

testified he thought the men in the Chrysler 300 were in Loud Pack and that they

were the shooters. He talked about Loud Pack and how people said Robinson's

cousin shot a member of the gang but that it was not true. He also discussed two

other shootings that he participated in several days after Victim's death. Manigault

believed the target of one of the subsequent shootings was involved in the

shootings at Robinson's home. He also stated Robinson and his uncle were both

Young Gunnas. On cross-examination, Manigault admitted he had no firsthand

knowledge concerning the two gangs and their tumultuous relations and that he

was not a member of the Young Gunnas. Green, on the other hand, admitted he

was a member of the Young Gunnas and stated that Robinson was a member too.

He testified the occupants of the Chrysler 300 were members of a gang but not

Loud Pack and that those two gangs were not associated. He did not think Loud

Pack was responsible for the drive-by shootings at Robinson's home. Green also

discussed the strain between the two gangs, claiming "the streets" said members

from both sides were killing each other and that Robinson's cousin—again,

according to the streets—killed a rival gang member. He admitted he had no

firsthand knowledge and that it was all based on rumor.

The State also elicited testimony regarding Robinson wearing an ankle monitor at

the time of the shooting and the charges that were pending against him that forced

him to wear the monitor. The GPS within Robinson's ankle monitor placed him at

the crime scene on the night of the murder. This fact was undisputed at trial. The

State also proved Simmons's presence at the crime scene through cell phone data.

The State then introduced evidence through several witnesses regarding spent shell

casings found around Robinson's neighborhood during investigations of other

shootings. The inference from the shells was that all of the shootings were

connected and proved a gang war that Robinson was involved in through his uncle.

Detective Jerome Desheers, who the court refused to qualify as an expert, testified

he was a member of an FBI taskforce called Safe Streets. His duties included

identifying gangs, their activities, and their members. Desheers testified about the

killings that had taken place in Robinson's neighborhood and identified the

members of each gang who were suspected to be the killers. Based on his

knowledge surrounding the shootings and the individuals involved, Desheers

opined "there is an ongoing battle between" the Young Gunnas and Loud Pack

with both sides "shooting back and forth." On cross-examination, Desheers

admitted no member of either gang had been charged with the murders he

suspected caused the gang war. He also admitted he had not interviewed any

participants in the gang war regarding Victim's death.

Prior to the jury charge, Robinson requested the trial court instruct the jury on

voluntary manslaughter as a lesser-included offense of murder. The trial court

refused, stating no evidence suggested Simmons acted out of a heat of passion.

The jury found Robinson guilty as indicted, and after holding an individualized

sentencing hearing pursuant to Aiken v. Byars,

4 the trial court sentenced Robinson

to concurrent terms of fifty years' imprisonment for murder and ten years'

imprisonment for each count of attempted murder. This appeal followed.

Affirmed in part, reversed in part and remanded for a new trial.