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IN THE CIRCUIT COURT OF HANCOCK COUNTY, MISSISSIPPI SUP. CT. NO. 93-KA-1045 ** v.Cause No. 7622** MOTION FOR A JUDGMENT NOTWITHSTANDING VERDICT OR IN THE ALTERNATIVE FOR A NEW TRIAL COMES NOW the Defendant, by and through counsel, and moves the Court for entry of Judgment Notwithstanding the Verdict, or, in the Alternative For a New Trial, thus: I. The Court improperly excused juror **, a hispanic citizen, in violation of the Sixth and Fourteenth Amendments to the United States Constitution. II. The Court improperly limited cross examination of the complaining witness as to the kind and characteristics of ammunition he carried, in violation of the Sixth Amendment right to confront ones accusers. III. The Court improperly limited cross examination and evidence in the Defendant's case in chief as to actions taken by the Hancock County Sheriff's Department at the scene of the shooting immediately following the incident, inasmuch as the Defendant fled the scene because he was fearful of retaliation by the Sheriff's deputies, and their actions immediately after the shooting incident were relevant on the validity of the Defendant's fears, all in violation of the Fifth and Fourteenth Amendment due process clause and the Sixth Amendment right to confrontation and to a fair trial. IV. The Court erred in granting Jury Instruction S-2, the State's flight instruction. The instruction was not supported by the evidence and amounts to a comment on the evidence. The error is particularly significant in view of the Court's ruling prohibiting testimony or photographs or other evidence of the actions of the other deputies of the Hancock County Sheriff's Department immediately following the incident, since the stated reason for the flight was fear of retaliation and fear for personal safety. Because the Court refused to permit evidence of the acts of the other deputies immediately following the incident, the Defendant was blocked from significant proof as to the vigalante mood within the Sheriff's Department, relevant on the reasons for his flight. The granting of this instruction looms very large in the determination of the jury and amounts to a violation of the Fifth, Sixth and Fourteenth Amendments, violations of due process, right to confront ones accusers, and right to a fair trial. V. The Court erred in refusing Defendant's instruction D -5. Because the Court refused D-5 in any form, the jury had no guide as to the limits upon the use of deadly force by a police officer, resulting in a verdict that was based upon speculation and confusion, since the jury likely was under the impression that the officer was entitled as a matter of law to pull his gun whenever he wanted, in violation of the Fifth, Sixth and Fourteenth Amendments, right to a fair trial, and right to due process. VI. The Court erred in granting the ** instruction, in violation of the Sixth and Fourteenth Amendments to the United States Constitution. WHEREFORE, PREMISES CONSIDERED, the Defendant moves the Court to set aside the verdict of the jury and enter a judgment of not guilty, or, in the alternative, to grant him a new trial. RESPECTFULLY SUBMITTED this ____ day of July, 20___. BY: CERTIFICATE I, ** do hereby certify that I have this day mailed a true and correct copy of the above and foregoing Motion for a Judgment Notwithstanding Verdict or in the Alternative for a New Trial to the Honorable ** at his usual mailing address of THIS the 16th day of