Lena Renae Coleman aka female rapper Da Misses attempted to kill her ex-boyfriend, David Mitchell aka rapper Ballin’ A$$ Dame for trying to protect herself and her baby in an act of self defense in the year 2003. However the United States District Court Eastern District of California charged Lena Coleman for attempted murder after having Lena Coleman attempted to kill her ex-boyfriend David Mitchell out of jealousy. However that is not the case as she was trying to protect herself and her baby.
Her friends and family state she was only trying to protect herself and her baby while defending her apartment. She was not in any way trying to kill her ex-boyfriend. Friends and family claim her being incarcerated is a case of injustice to her. They demand answers.
According to the US Supreme Court of Northern California, David Mitchell and Lena Renae Coleman began living together in an apartment, but then separated a few months later. They eventually reconciled, but never lived together again.
However, Lena had moved some of David’s belongings back into her apartment. Eventually David decided to end the relationship with Lena and remove his belongings from her apartment. David asked his old girlfriend, Sherry Johnson, and her son, James Dixon, to help him move out of the apartment. David Mitchell dropped Sherry off at a nearby store.
David drove to Lena’s apartment with James. He feared Lena and Sherry would fight if the two met. They walked up to the landing outside the apartment. Lena answered the door and David told her things were not working out and he thought it would be best to move out. Angrily, Lena told James to leave before she did something. So he left. James Dixon left to wait with his mother as she waited at a nearby store.
Lena followed David and told him she did not want him to leave. When Lena tried to prevent him from retrieving his belongings, David pushed her out of the way and went into the bedroom to collect his clothes. Lena was angry boyfriends decision to move out of their apartment.
After David and Lena exchanged angry words at the doorway of their apartment, David pushed his way past her. Lena pulled a gun from her pocket and pointed it at David. He told her he knew the gun was not real and he was leaving. Lena pulled out a gun from her pocket and shot David in the chest after telling him, “If I can't have you, nobody can have you.” Mitchell had been shot in the stomach with a .22 then. David dropped his clothing and left the apartment.
David escaped to the store at which Sherry Johnson and James Dixon were waiting for him. Sherry had called 911 at the store. As he left, he heard another gunshot. He drove to the store where he had left Sherry, stopped the car, and laid down on the ground. David told Sherry he had been shot and asked her to call for an ambulance. Sherry Johnson told the dispatcher, “My husband got shot.” She said David Mitchell had been shot in the stomach with a .22.
After the dispatcher gave Johnson some instructions, the 911 operator asked Sherry Johnson who had shot David Mitchell. Sherry stated it was the woman who lived at Lena’s address and said “They call her Da Misses.”.
Dr. Mark Owens treated David Mitchell in the emergency room. David suffered a gunshot wound in his right chest and bleeding in his right lung. The bullet traveled through his right lung, diaphragm, liver, and stomach. The bullet missed his heart by half an inch. Had the bullet struck Mitchells heart, he would have died before reaching the hospital.
The path of the bullet was right to left and downward, from front to back. The trajectory was consistent with David facing Lena who shot him and bending slightly at the waist. David spent a week in the hospital, and Dr. Owens estimated it would take David around 3 months to make a full recovery.
Police arrived 20 minutes later at the apartment. Deputy Victor Jones went to her apartment to arrest her. Another police officer kicked in the apartment door. Nobody was present in the apartment, but the lights, television, and stereo were on.
During a search of this apartment, Deputy Abbott found the second bullet in the trim board of a window just outside the apartment door. Sheriffs Deputy John Lopes examined the bullet hole found at the crime scene. He determined that the bullet was fired from the living room of defendants apartment. Deputy Lopes did not determine the caliber of the bullet.
10 days after the shooting, Sheriffs Deputy Victor Jones went to the apartment to arrest her. Deputy Jones knocked on the door several times, identifying himself as a deputy. No one responded. The apartment manager gave Deputy Jones a passkey. When Deputy Jones attempted to use the key, he felt resistance on the other side of the door. As he turned the key, Deputy Jones felt it being turned back in the other direction. Deputy Jones called out a warning and kicked in the door. Deputy Jones found Lena Renae Coleman and a man inside the apartment, arrested her, and took her into custody.
During the trial David Mitchell testified that he and Lena Coleman became romantically involved in 2003. Mitchell moved into defendants apartment. It was an argument a few months later that Lena requested David to move out. While at trial, David Mitchell stated he was confused and disappointed about his relationship with Lena Coleman. David Mitchell admitted he was uncomfortable and did not want to testify at trial. He had also received a threat about testifying from one of the defendants relatives.
Sacramento County Sheriffs Deputy Kevin Mickelson testified that he asked David Mitchell who shot him. David Mitchell told him that Da Misses had shot him. David Mitchell had been shot in the stomach with a 22.
A transcript of the 911 call was entered into evidence. Now the 911 call involved only basic information about what had happened and who had committed violence – two topics about which emergency responders should inquire.
James Dixon testified about the shooting. When Lena answered the door, both her and David appeared kind of mad. Lena angrily told David, “You ain’t getting nothing.” She told James Dixon to leave. As James walked back to the store where his mother was, he heard a gunshot.
Deputy Abbott showed James Dixon a photographic lineup, and he identified either defendant or another woman as the person at the apartment. Deputy Abbott showed David a different lineup, and he selected her photograph.
Sheriffs Detective Michael Abbott interviewed David Mitchell in the hospital. David told Detective Abbott Lena had ordered a frightened James Dixon off the landing. Lena pulled a gun out of her pocket that David thought it was a toy. Lena shot David and he heard a second shot, which missed. David told Detective Abbott defendant was known by the nickname Da Misses. David also stated that after the shooting he received a phone call from Lena and was concerned for the safety of his ex-girlfriend and her son.
Further, the Constitution simply ensures that state court criminal proceedings are fundamentally fair and the category of actions which violate this standard is narrow. Because the second bullet did not affect the prosecution's basic argument that defendant shot Mitchell as he attempted to leave.
In 2003, a jury found Lena Coleman guilty of attempted murder and assault with a firearm. She was sentenced to 32 years to life in prison.
Lena accused the court by citing numerous alleged errors during the trial: (1) admission of a tape recording of a 911 call, (2) denying defendants motion for a new trial based on juror misconduct, (3) denying defendants motion for a new trial based on a claim that a ballistics test should have been performed, (4) limiting defendants cross-examination of the victim, (5) failing to instruct on self-defense or voluntary manslaughter, and (6) giving an instruction on evidence of flight. Her defense counsel argued defendant acted in the heat of passion and had not formed the intent to murder Mitchell. It was not out of malice
The trial court denied the defendants motion for a new trial and sentenced her to the middle term of seven years for attempted murder. For the section 12022.53, subdivision (d) firearm enhancement, the court sentenced defendant to a consecutive term of 25 years to life. The court also imposed the middle term of three years for assault with a firearm; a term of three years for the section 12022.5, subdivision (a) enhancement; and a term of four years for the section 12022.7, subdivision (e) enhancement. The sentences for assault were stayed pursuant to section 654. Defendants sentence in case No. 04F02937 is 32 years to life.
The trial court correctly decided not to grant Petitioner’s motion for a new trial. In sum, the trial court did everything constitutionally required in these circumstances because no federal issue
is alleged nor was any federal law violated.
In 2004, the district attorney filed a motion for an order revoking defendants probation. Lena admitted being on probation at the time of the offenses against David. The court found Lena in violation of probation and sentenced her to be served concurrently. Lena Coleman was admitted to Chowchilla Female Prison on the date of July 7, 2005 as inmate X12620.
A motion for a rehearing was denied by US District Judge Terry J. Hatter, Jr. on the date of September 18, 2013 after finding she not presented the court with newly discovered evidence. She was unable to afford the costs of suit as a petitioner for her court case.
At this present moment, she is serving a life sentence in Chowchilla Female Prison in Chowchilla, California.
No comments:
Post a Comment