State v. East

SPINDEN, Judge.

Byron East appeals the circuit court’s judgment convicting him of second degree murder and armed criminal action for the August 5, 1995, shooting death of Emmanuel Whytus in St. Joseph. We affirm the judgment.

East shot Whytus when the two became embroiled in an argument. Before the shooting, East was walking away. He turned, pulled a gun out from his waistband, returned to grab Whytus’ shirt and scuffled with him briefly. During the scuffle, two shots were fired, and Whytus fell to the ground. East ran to a nearby alley where he left the gun and the shirt he was wearing.

When…