5/1/2023 0 Comments Dustin j higgsAccording to Gloria, either Higgs or Haynes then commented that they had to "get rid of the gun," J.A. 6 After firing a few more shots, Haynes got into the van and closed the door. Gloria put his head down, heard more shots, and heard a woman screaming. Gloria turned to ask Higgs what he was doing, but saw Higgs holding the steering wheel and watching the shootings from the rearview mirror. Within moments, Gloria heard a gunshot and wiped the mist off the back window in time to see Haynes shoot one of the women in the chest. After the women got out of the van, Higgs pulled out the pistol and handed it to Haynes, who put it behind his back and also exited the van. One of the girls asked if they were trying to "make walk from here," and Higgs responded, "something like that." J.A. Eventually, Higgs pulled over at a secluded location. Higgs, however, drove past the Baltimore-Washington Parkway exit, which would have taken them directly into Washington, D.C., and instead drove the van into the Patuxent National Wildlife Refuge, a federal property within the jurisdiction of the United States Park Police. The women were whispering in the back of the van and apparently believed they were being taken home. 5 According to Gloria, while en route to Washington, D.C., Higgs and Haynes leaned towards each other and engaged in a quiet conversation that Gloria could not hear. Neighbors in the area heard and saw the three girls laughing and talking around 3:30 that morning. After Haynes spoke to them, the three women got into the back seat of the vehicle and Higgs started driving towards Washington, D.C. Higgs drove the van to where the three women were walking on the side of the road and told Haynes to get them in the vehicle. The three men got into Higgs's van, with Higgs driving, Haynes in the front passenger seat, and Gloria sitting behind Higgs. 38 caliber firearm from the end table drawer and put it in his pocket. 4 At that point, "Higgs said f_ that, and grabbed his coat and said come on." J.A. Gloria interpreted Higgs's comments as concern that Jackson intended to retaliate against Higgs. While there, the men also smoked marijuana. After stopping at a liquor store, the three couples returned to Higgs's apartment to drink alcohol and listen to music. They were traveling in Higgs's blue Mazda MPV van. Higgs knew Jackson and they had arranged dates for Haynes and Gloria with Black and Chinn. to pick up Tanji Jackson, Tamika Black, and Mishann Chinn. 2 On Friday evening, January 26, 1996, Higgs, Willie Mark Haynes and Victor Gloria drove from Higgs's apartment at 13801 Briarwood Drive in Laurel, Maryland, to Washington D.C. Accordingly, we affirm Higgs's convictions and the sentences of death imposed by the district court. Having considered all issues raised by Higgs on appeal, as well as the question of "whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592," we find no reversible error. On appeal, Higgs challenges his convictions and sentences on multiple grounds. Dustin John Higgs was subsequently convicted by a federal jury of three counts of first-degree premeditated murder,ฤก8 U.S.C.A. OPINION TRAXLER, Circuit Judge: 1 During the early morning hours of January 27, 1996, Tanji Jackson, Tamika Black, and Mishann Chinn were found murdered in the Patuxent National Wildlife Refuge in Prince George's County, Maryland. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge LUTTIG joined. Before WILKINS, Chief Judge, and LUTTIG and TRAXLER, Circuit Judges. DiBiagio, United States Attorney, Sandra Wilkinson, Assistant United States Attorney, Greenbelt, MD, for Appellee. Hartung, Richmond, Vi rginia, for Appellant. Johnston, Assistant United States Attorney, Greenbelt, MD, for Appellee. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED ARGUED: Timothy Joseph Sullivan, Sullivan & Sullivan, College Park, MD, for Appellant.
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