Bussey v. State

Summary

The Delaware Supreme Court affirmed Tyrone Bussey’s convictions arising from a domestic disturbance. The court held that sufficient evidence supported convictions for aggravated menacing, possession of a firearm during the commission of a felony, and endangering the welfare of a child, including prior statements and recorded jail calls despite conflicting trial testimony. The court also concluded that the Superior Court implicitly denied Bussey’s motion for judgment of acquittal on the child-endangerment counts.

Holdings

1. The evidence was sufficient to sustain Bussey's aggravated-menacing convictions because the jury could credit Shelton's and Paul's prior statements that Bussey pointed a gun at them and threatened to kill them, and could reasonably infer that they were placed in fear of imminent physical injury.
2. The evidence was sufficient to sustain Bussey's convictions for possession of a firearm during the commission of aggravated menacing.
3. The evidence was sufficient to sustain the three convictions for endangering the welfare of a child because a rational trier of fact could find that Bussey committed a violent felony knowing that children in the family witnessed the conduct by sight or sound.

Questions Presented

1. Whether the State presented sufficient evidence to sustain Bussey's convictions for aggravated menacing of Shelton and Paul.
2. Whether the State presented sufficient evidence that Bussey possessed a firearm during the commission of aggravated menacing.
3. Whether the State presented sufficient evidence that Bussey committed a violent felony knowing that children of the family witnessed it by sight or sound, as required for endangering the welfare of a child.

Disposition

affirmed