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COMES NOW Wayne Parish, by his counsel, and files this Motion pursuant to Rule 33,
MRCrP, for the Issuance of a Subponea Duces Tecum, and for cause would show the following:
1. Mr. Wayne Parish is currently charged with deliberate design murder in the above
styled and numbered cause. The deceased, Charles McDonald, had run off from Youth Court and
was breaking into a car on the private property of Performance Oil when Mr. Parish confronted
him. Mr. Parish walked outside his business after witnessing Mr. McDonald attempting to break a
window on an automobile. According to witnesses, Mr. Parish asked Mr. McDonald to stop trying
to break a window and leave the property at least ten (10) times. Rather than leave, Mr. McDonald
began chasing Mr. Parish around the car. Mr. McDonald began swinging his fist/hands at Mr.
Parish, and then grabbed Mr. Parish’s gun. In the ensuing struggle, Mr. McDonald was
continuously attempting to take Mr. Parish’s gun from him. Prior to the shooting of Mr. McDonald,
he was committing the crimes of attempted auto burglary, trespass, and assault.
throw a hard metal object at the window of the car even as Mr. Parish asked him repeatedly to
leave the property. As Mr. McDonald began attacking Mr. Parish, Mr. Parish fired a warning shot
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Case: 25CI1:16-cr-01018-WLK Document #: 14 Filed: 12/28/2017 Page 2 of 3
into the ground. This did not deter Mr. McDonald; rather he began pursuing Mr. Parish around the
3. Mr. Parish is entitled to the presumptions afforded by Miss. Code Ann., Section 97-
3-15 (3) and (4). In addition, since this is a case of self-defense, Mr. Parish is entitled to inquire
into the background of the deceased, Mr. Charles McDonald. Counsel has learned that Mr.
McDonald has been involved in repeated drug treatments and in significant criminal offenses,
which were handle in Youth Court. While they are not considered criminal offenses in Youth
Court, there are types of violent behavior, which could be relevant during the trial of this case.
Drug treatment and drug use are relevant because drugs can effect both the behavior of a person
and that person’s ability to see, remember and act in accordance with social behavioral norms, and
WHEREFORE PREMISES CONSIDERED, Mr. Parish moves the Court to issue an Order
directing the Hinds County Youth Court to produce an exact duplicate of the entire file(s) of Mr.
Charles McDonald at the offices of Coxwell & Associates, PLLC. The file will review for relevant
evidence or for information that will lead to relevant evidence and an exact duplicate will be
RESPECTFULLY SUBMITTED,
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Case: 25CI1:16-cr-01018-WLK Document #: 14 Filed: 12/28/2017 Page 3 of 3
CERTIFICATE OF SERVICE
I, Mérrida (Buddy) Coxwell, counsel for Defendant, Wayne Mitchell Parish, do hereby
certify that I have this day electronically filed the above and foregoing Motion for Issuance of
Subpoena Duces Tecum with the Clerk of Court using the ECF system, which sent notification of
same to:
PREPARED BY:
undersigned counsel of record, pursuant to the Fifth, Eighth and Fourteenth Amendments
to the United States Constitution and Article 3, Section 29 of the Mississippi State
Constitution, and moves this Court to set bond in this matter. In support thereof, Mr.
I. Applicable Law
(1) Excessive bail shall not be required, and all persons shall, before conviction, be
bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or
presumption great; or (b) when the person has previously been convicted of a capital
offense or any offense punishable by imprisonment for a maximum of twenty (20) years
or more.
before conviction for all offenses, except those offenses punishable by death when the
proof of guilt is evident or the presumption of guilt is great.” Lee v. Lawson, 375 So.2d
1019, 1020 (Miss. 1979); Ex Parte Dennis, 334 So.2d 369 (Miss. 1976); Royalty v. State,
235 So.2d 718 (Miss. 1970); Resolute Ins. Co. v. State, 233 So.2d 788 (Miss. 1970). “Bail
is a fundamental, constitutionally protected right.” Resolute Ins. Co., 233 So.2d 788
(Miss. 1970).
The purpose of bail is to secure the presence of the accused at trial, not necessarily
to expedite the judicial process. Clay v. State, 757 So.2d 236, 241 (Miss. 2000) (citing
Lee, 375 So.2d at 1021). “The constitutional right to bail before conviction … has been
so fundamental that it is favored by the public policy of this state.” Clay, 757 So.2d at
241. To that end, Article 3, Section 29 further provides that “[i]n any case where bail is
denied before conviction, the judge shall place in the record his reasons for denying bail.
So.2d at 241. (Trial Judge abused her discretion in setting excessive bail beyond the
The muddled exception within Section 29(1), “. . . when the proof is evident or
presumption great...,” found plain expression in Huff v. Edwards: Before a person can be
denied bail the court must find that there is proof beyond a reasonable doubt that the
defendant guilty. Miss. Const. of 1890 Art. 3 § 29; Huff v. Edwards, 241 So.2d 654
entertained, then proof of guilt is not evident nor the presumption great and the
reasonable doubt standard Mr. Parish is not require exclusion of every reasonable
hypothesis of guilt. Huff, 241 So.2d 654 (Record providing support for finding that
petitioner had motive and intent but which was silent on any connection between
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petitioner and the murderer, did not warrant denial of bail on theory that proof was
It has long been recognized that “[u]nless the right to bail before trial is preserved,
the presumption of innocence, secured only after centuries of struggle, would lose its
meaning.” Stack v. Boyle, 342 U.S. 1, 72 (1951). Bail set at figure higher than an amount
reasonably calculated to secure the presence of the accused at trial is “excessive under the
Eighth Amendment.” Id. Further, with respect to the Fifth Amendment’s Due Process
Clause ---applicable to the states via the Fourteenth Amendment’s Due Process Clause—
where an accused is being detained without bond (or a bond so excessive it cannot be
made) on the ground that he is a danger to the community, the Fourteenth Amendment
amount of bail:
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willful failure to appear. Clay, 757 So.2d at 240 (citing Lee v. Lawson, 375
So.2d at 1024).
he owns a home for the five (5) years. He is a resident of the State of
grandchildren.
hard work ethic as well as deep commitment to his job, his friends, and
his employees.
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5) Prior criminal record, including any record of prior release on recognizance or
on bail:
Mr. Parish has no criminal records other than in his youth, he was
6) The identity of responsible members of the community who would vouch for
defendant’s reliability:
Equipment and has worked with Mr. Parish for over 28 years.
7) Nature of the offense charged, the apparent probability of conviction, and the
likely sentence:
A video exists, although parts were blocked from view, but it was
employee’s vehicle at Petroleum Oil. Mr. Parish asked the youth to just
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run and leave the premises. The youth did not leave. Both Mr. Parish
and the deceased tussled with the youth grabbing onto Mr. Parish. Both
were holding onto the gun when it went off. From the video it appears
clear that Mr. Parish had an opportunity to shoot the deceased, but he
did not do so, rather the deceased ran at Mr. Parish and grabbed the gun
where a struggle ensued and the deceased was shot. All of this is on
video.
Upon information and belief, at the time of the incident, the youth had
two warrants out for his arrest. In one incident, he was involved in
police chase. Further, on the morning of the incident, the youth was
Mississippi State Constitution, Mr. Parish respectfully moves this honorable Court to set
a condition of release commensurate with both the competency of the state’s proof of
RESPECTFULLY SUBMITTED,
PARISH, WAYNE MITCHELL, DEFENDANT
BY:________________________
AMMIE T. NGUYEN
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PREPARED BY:
CERTIFICATE OF SERVICE
________________________
AMMIE T. NGUYEN
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WAYNE PARISH
in said District, County and State, on or about the 21st day of June, 2016
in the county aforesaid and within the jurisdiction of this Court, did willfully, unlawfully and
feloniously kill Charles McDonald, a human being, without authority of law, with deliberate
design to effect the death of said person or of any human being, by shooting the said Charles
McDonald multiple times in the chest with a firearm, in violation of Section 97-3-19 (1972), as
amended,
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GRAND JURY FOREMAN AS