Gabriel v. State

Thompson, Justice.

Joseph Derek Gabriel was convicted by a jury of felony murder in connection with the shooting death of his girlfriend, Dana Brook-shire. On appeal, Gabriel challenges several evidentiary rulings of the trial court, and asserts that he was entitled to a mistrial based on alleged prosecutorial misconduct. Finding no error, we affirm.

On the day in question, Brookshire had been moving her belongings into Gabriel’s apartment. At 2:40 a.m., Gabriel called 911 and reported that his gun accidentally discharged and that his girlfriend had been shot. The police arrived to find…