United States v. Eric Lamar White

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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11167
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC LAMAR WHITE,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 4:21-cr-00309-CLM-JHE-2
____________________
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Before JILL PRYOR, BRANCH, and HULL, Circuit Judges.
PER CURIAM:
After a jury trial, Eric Lamar White was convicted of
(1) aiding and abetting a carjacking, in violation of 18 U.S.C.
§§ 2119 and 2 (“Count One”), and (2) aiding and abetting the
brandishing of a firearm in furtherance of a crime of violence, in
violation of 18 U.S.C. §§ 924(c)(1)(A)(ii) and 2 (“Count Two”). On
appeal, White argues that there was insufficient evidence to
support his convictions. After review of the record and the briefs,
we conclude there was ample evidence to convict White of both
crimes, and thus we affirm his convictions.
I. FACTUAL BACKGROUND
We set forth the trial evidence that showed Kendarian
Lamontae Toran (“Toran”) and defendant-appellant Eric Lamar
White (“White”) were in a stolen Chevrolet Equinox that had
mechanical issues, and they then carjacked an Acura vehicle driven
by victim Kristin Walker (“Walker”) and abandoned the Equinox.
A. Witnesses and Videos
The government presented testimony from: (1) Michael
Ray, the bystander who called 911 after the carjacking; (2) Walker,
the victim; (3) Brittany Trunnell, the owner of the stolen Equinox;
(4) Troy Dunlap, a detective with the Moody Police Department
who was dispatched to the abandoned Equinox in a parking lot;
(5) Sergeant Jeff Pitts of the Scott County Sheriff’s Department, one
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of the initial officers involved in the pursuit of the stolen Acura;
(6) Robert Sanders, Assistant Chief of the Madison Police
Department and an officer with the Rankin County Sheriff’s
Department who was involved in the Acura pursuit and arrest of
Toran; (7) Ricky Davis, an investigator with the Rankin County
Sheriff’s Department who was involved in the arrest of White and
Toran; (8) Christian Dedmon, an officer in the Rankin County
Sheriff’s Office narcotics division who was involved in the arrest of
White; (9) Special Agent Casey Smith of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives who investigated the
carjacking; and (10) Special Agent Christopher Baker of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives who investigated
the carjacking.
The government also presented video surveillance footage
from: (1) a Logan’s Steakhouse parking lot; (2) the Circle K where
the carjacking occurred; and (3) the ADESA parking lot where the
stolen Equinox was abandoned. The government also presented
Ray’s 911 call regarding the carjacking, recordings of defendant
White’s jail phone calls, dash camera footage from Officer
Sanders’s vehicle, White’s Glock .45 firearm, a photo of White’s
gun taken by Officer Dedmon, White’s cell phone and cell phone
records, a photo of the clothing White wore at his arrest, photos of
the recovered Equinox, a photo from the state tag readers on I-20
at the Alabama/Mississippi line, and Toran’s cell phone and cell
phone records. We now review the evidence of the crimes and the
witnesses’ testimony about what the video surveillance and cell
phone records showed.
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B. Preparation for Trip to Atlanta
In early January 2021, White and Toran planned a trip from
Jackson, Mississippi to Atlanta, Georgia. On January 3, 2021, prior
to their trip, Toran informed White that he was at the Park at Moss
Creek apartments in Jackson, Mississippi. Both White and Toran
were at this apartment complex before. The next day, after making
sure Toran was alone, White texted Toran in advance of their trip,
“Need to find us a whip so we can go to the A.” “Whip” is a term
commonly used to refer to a vehicle. That is exactly what Toran
did.
On the morning of January 6, 2021, a 2008 burgundy
Chevrolet Equinox was stolen from the Park at Moss Creek
apartments. Within an hour of the theft of the Equinox, Toran
called White. White answered the call, which lasted 46 seconds.
Three minutes later, Toran sent White a text reading “Send it.”
White responded by sending a map pin. Within the next 20
minutes, White and Toran had two additional short phone calls.
Approximately an hour later, White texted “Kalungano,” a
third party, asking “Aye KT straight? He with me. We just came up
on a lil lick.” 1 “Lick” is commonly used to refer to a robbery or
1 During his trial testimony, White confirmed that he used “KT” to refer to his
co-defendant, Toran. White also stated that a “lick” “didn’t necessarily have
to be a robbery” and that it could have meant “any type of financial gain or
something to better your situation at the moment.” But on cross examination,
White stated that, as used in the text message, “lick” was something
“[n]egative but not illegal.”
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theft. Kalungano expressed concerns about Toran, responding
“Nall cuz i told them stop coming to my house after licks.” That
did not deter White from taking the trip with Toran. Instead,
White responded “We already dropped it off out west. My girl was
finna bring us out there.”
C. Trip to Atlanta
Early in the morning on January 7, 2021, White and Toran
began their trip to Atlanta driving the stolen burgundy Equinox.
White took his black Glock .45 caliber pistol with him and had
always known Toran to carry a gun with him. While on the way
to Atlanta, the Equinox began to experience mechanical issues, so
White and Toran stopped in Moody, Alabama. White was driving
the stolen Equinox.
D. Logan’s Parking Lot from Video Surveillance
After exiting the highway, they first stopped at a Logan’s
Steakhouse restaurant. They pulled into the parking lot at
approximately 1:19 PM, following closely behind a silver BMW
sedan. The BMW parked and two individuals got out of the car
almost immediately. The Equinox circled around the BMW and
parked. In doing so, the Equinox passed a number of available
parking spaces. No one ever got out of the Equinox. At
approximately 1:21 PM, the Equinox left the parking lot. The
Equinox then pulled into a nearby Circle K gas station at
approximately 1:23 PM.
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E. Circle K Carjacking from Video Surveillance
Initially, the Equinox pulled into the gas station and parked
in front of the pumps to the far left, with the pumps on the driver’s
side of the vehicle. The gas tank on a 2008 Equinox is on the
passenger side. No one got out of the Equinox. After about 2 and
a half minutes, the driver’s door opened and then closed almost 15
seconds later.
Then, at approximately 1:26 PM, a white 2008 Acura TL
pulled into the parking lot and parked at pump number 9, two rows
over from the pumps where the Equinox was parked. The Acura
was driven by Walker, who was three months pregnant. Walker’s
two children, aged nine and six, were in the backseat. Nothing
blocked the view of the Acura from the Equinox.
Approximately two minutes later, a large white van pulled
up to the pumps between the Acura and the Equinox. Walker got
out of her car and started pumping gas. Within 15 seconds, the
Equinox backed up and then pulled forward. The Equinox drove
all the way around the parking lot, past all of the pumps, circled
around, and then stopped in front of pump number 10, the pump
on the opposite side of the gas pump the Acura was using. Again,
the gas tank on the Equinox was on the opposite side as the gas
pump. Walker then got back into her car and waited for her gas to
finish pumping.
After Walker returned to the Acura, it appears that the rear
driver’s side door of the Equinox opened briefly and then closed.
Then, at approximately 1:30 PM, the Equinox reverses a short
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distance. Immediately after reversing, White, who was driving,
exited the vehicle. White walked over to a trash receptacle located
between the Equinox and the Acura, leaned over, and then
reentered the Equinox, without ever pumping gas.
The Equinox repositioned itself again, pulling forward only
a few feet and then reversing. The Equinox reversed just enough
to allow a direct path from the Equinox’s backseat door to the
Acura’s driver’s door.
At 1:32 PM, once Walker’s gas finished pumping, Walker
got out of her Acura to complete her transaction. Walker left her
driver’s side door open and her keys in the ignition. While she was
finalizing her transaction, Toran jumped out of the backseat of the
Equinox and into the driver’s seat of Walker’s Acura. Walker
jumped on top of him and attempted to grab the keys out of the
ignition. After a very brief struggle over the keys, Toran pulled a
gun, put it to Walker’s stomach, and told her to get out of the car.
Walker told him that she would not leave without her children.
Once her children were out of the car, Toran drove off in the
Acura.
As soon as Toran got into the driver’s seat of the Acura,
White, in the Equinox, pulled out towards the gas station’s exit.
The Equinox did not immediately turn out from the gas station. At
1:33 PM, once Toran in the Acura pulled away from the pump, the
Equinox made a right-hand turn out of the gas station with the
Acura following immediately behind. Notably, the Acura drove
past a closer, alternative exit to follow the Equinox.
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Immediately following the carjacking, at 1:34 PM, Toran
called White. White answered and the conversation lasted 17
seconds.2 Toran and White then rendezvoused at an ADESA car
auction parking lot.
F. The Rendezvous at ADESA from Video Surveillance
At 1:35 PM, Toran and White pulled into an ADESA car
auction parking lot. Toran, driving the white Acura, was in front
with White, driving the Equinox, following closely behind. White
got out of the Equinox, walked over to the Acura, opened the door,
and leaned into the Acura. Approximately 20 seconds later, White
got into the Acura and shut the door. At 1:36 PM, Toran and White
in the Acura drove away, leaving the Equinox in the ADESA lot.
G. Car Chase and Arrest
Toran and White left the ADESA parking lot and started
driving back home to Jackson, Mississippi. After about two and a
half hours, around the Mississippi state line, the two switched
places and White took over driving the stolen Acura.
After Toran and White crossed into Mississippi, Sergeant
Pitts was alerted about a possible carjacking with the tag number
and description that matched the Acura. He set up on the interstate
2 When asked about this call at trial, White testified “I don’t really remember
a phone call.” White also testified that he did not have any service at the Circle
K but noticed that he had service in the ADESA parking lot. According to
White, he did not have cell phone service until he was in the Acura with
Toran.
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and began observing traffic. Once Sergeant Pitts observed a vehicle
matching the description of the stolen Acura, he pulled out and got
behind the vehicle and confirmed the tag number. Instead of
initiating a stop, Sergeant Pitts radioed for several marked units
from the Forest Police Department to head towards the interstate.
With three additional sheriff’s department vehicles behind him,
Sergeant Pitts initiated a stop of the Acura.
White did not pull the Acura over once the police lights
were initiated. Instead, White immediately sped up. At that point,
Sergeant Pitts initiated pursuit of the Acura. White, in the Acura,
continued to flee, weaving in and out of traffic at a very high rate
of speed, approximately 130-plus miles an hour at the fastest, for 25
to 30 miles. There were numerous attempts to spike the vehicle,
but they were not successful.3 Eventually White stopped after a
PIT maneuver was performed.4
Once the Acura stopped, officers approached. White was
given orders to exit the vehicle, but did not comply. Eventually,
an officer was able to open the door and White exited the vehicle.
Another officer grabbed White by the shoulder and White “went
3 Spike strips are a tool used by law enforcement. The spike strips are thrown
out in the middle of the road. Once a vehicle drives over the strips, spikes are
inserted into the tires and the tires will deflate slowly. They are used to slow
the vehicle down.
4 A PIT maneuver is a technique used by law enforcement when a vehicle is
fleeing. The police vehicle bumps the rear of the fleeing vehicle and makes
the fleeing vehicle spin and go off the road one way or the other.
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on the ground onto his belly.” While on his stomach, White began
pushing his hands under the Acura in a swimming motion. In
response, Dedmon deployed his Taser, shooting White in the back.
White then took his hands out from under the Acura and was
placed in hand constraints.
In White’s pockets, officers found an Alabama driver’s
license of a white female, along with other cards. A gun was found
on the ground under the frame of the Acura on the driver’s side.
That gun was purchased by White. Officers did not find a gun on
Toran, nor any other firearms inside the Acura. Toran and White
were arrested.
H. Motion for Judgment of Acquittal
At the conclusion of the government’s case, White moved
for a judgment of acquittal on both counts. White argued that the
government failed to present sufficient evidence that White
intended to rob or carjack the Acura from Walker. The district
court denied White’s motion.
Then, White testified in his own defense. White testified
that Toran told him that “he had found a ride for us to go to Atlanta
and that they would let us borrow the car for the day or however
long we were planning on staying gone.” White also testified that:
(1) he had his firearm with him on the trip to Atlanta; (2) he has
“always known [Toran] to have a gun”; (3) he did not know Toran
was going to steal the Acura; and (4) he had no intent, knowledge,
or plan to aid and abet Toran in carjacking a car.
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White testified that he only learned the Equinox was stolen
during his conversation with Toran in the ADESA lot. According
to White, Toran told him that he “was either going to be a sitting
duck there having to answer for the car that [Toran] just stole and
the Equinox or either [he] could at least try to make it home. And,
you know, [they] wouldn’t have to worry about that again. You
know, [Toran] would take the blame for it himself.”
White also testified that he was “just sitting at the pump, . . .
trying to connect to some WiFi,” when Toran opened the door and
got out of the truck. White testified that shortly thereafter: (1) he
heard screams and “pulled off”; (2) he “didn’t really know what was
going on”; (3) Toran “didn’t explain to [him] what was about to go
down, what [Toran] was about to do”; (4) he was “kind of
frightened”; and (5) during the carjacking, his gun was in his
possession—“maybe in [his] lap or in [his] hoodie pocket.”
After the carjacking, White fled from the police because he
was spooked and realized at that point how serious the situation
was. White stated “[i]t was a little bit of being scared. At the same
time, I guess, trying to help out a friend, realizing how much
trouble he was in.” White claimed that once the police activated
their lights, Toran threw his gun out of the window. The officers
involved in the Acura pursuit testified that they never saw a gun be
thrown out of the vehicle. White also testified that he did not
know “anything about a pistol being brought up or anything of that
nature.”
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At the conclusion of White’s testimony, the defense rested.
The district court noted that White’s motion for judgment of
acquittal was preserved as to both counts. After deliberating, the
jury found White guilty as to both counts.
The district court sentenced White to a term of 60 months’
imprisonment on his Count One conviction for aiding and abetting
a carjacking and a consecutive 84 months on his Count Two
conviction for aiding and abetting the brandishing of a firearm in
furtherance of a crime of violence, followed by 36 months of
supervised release for each count to be served concurrently.
II. STANDARD OF REVIEW
We generally review challenges to the sufficiency of the
evidence de novo, viewing the evidence in the light most favorable
to the government. United States v. Godwin, 765 F.3d 1306, 1319
(11th Cir. 2014); see also United States v. House, 684 F.3d 1173, 1196
(11th Cir. 2012). Whether the evidence is direct or only
circumstantial, we will accept all reasonable inferences and
credibility choices that support the jury’s verdict. House, 684 F.3d
at 1196; United States v. Williams, 390 F.3d 1319, 1323-24 (11th Cir.
2004). We will not overturn a guilty verdict unless, based on the
record evidence, no rational trier of fact could have found the
defendant guilty beyond a reasonable doubt. United States v.
Silvestri, 409 F.3d 1311, 1327 (11th Cir. 2005).
III. DISCUSSION
The federal aiding-and-abetting statute provides that a
person who aids or abets the commission of an offense is liable as
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a principal. 18 U.S.C. § 2. For an aiding-and-abetting crime, the
government must prove that the defendant “associated himself”
with the underlying crime, “wished to bring it about,” and
otherwise sought to make the crime succeed by his actions. United
States v. Sosa, 777 F.3d 1279, 1292 (11th Cir. 2015). To convict
under an aiding-and-abetting theory, the government must prove
three elements: “(1) someone committed the substantive offense;
(2) the defendant contributed to and furthered the offense; and
(3) the defendant intended to aid in its commission.” Id. A
defendant can be convicted of aiding and abetting even if he “has
not personally committed all the acts constituting the elements of
the substantive crime.” Id. at 1293 (quotation marks omitted). The
defendant must take an affirmative act in furtherance of the crime
with the intent to facilitate its commission. Id. at 1292.
A. The Substantive Offenses
To convict a defendant of carjacking under 18 U.S.C. § 2119,
the government must prove that the defendant “(1) with intent to
cause death or serious bodily harm (2) took a motor vehicle (3) that
had been transported, shipped or received in interstate or foreign
commerce (4) from the person or presence of another (5) by force
and violence or intimidation.” United States v. Diaz, 248 F.3d 1065,
1096 (11th Cir. 2001); see 18 U.S.C. § 2119. To convict a defendant
of brandishing a firearm under 18 U.S.C. § 924(c), the government
must prove that the defendant (1) knowingly (2) brandished a
firearm (3) during and in relation to a crime of violence. See United
States v. Isnadin, 742 F.3d 1278, 1307 (11th Cir. 2014).
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As an initial matter, White does not dispute that the
elements of the underlying offenses of carjacking and brandishing
a firearm in furtherance of a crime of violence were met. See United
States v. Campbell, 26 F.4th 860, 873 (11th Cir.) (en banc), cert denied,
143 S. Ct. 95 (2022). White also does not argue that his actions did
not contribute to or further the offenses. Instead, White’s appeal
challenges the sufficiency of the evidence regarding his intent
under the federal aiding-and-abetting statute.
B. Intent
To satisfy the intent required for aiding and abetting, a
defendant must, independent of the affirmative act requirement,
actively participate in the commission of the crime, “with full
knowledge of the circumstances” that constitute the whole offense.
Rosemond v. United States, 572 U.S. 65, 77 (2014). A person is
“responsible for a crime he has not personally carried out if he helps
another to complete its commission.” Twitter, Inc. v. Taamneh, 598
U.S. 471, 488 (2023) (quoting Rosemond, 572 U.S. at 70).
Where the defendant is charged with aiding and abetting an
18 U.S.C. § 924(c) firearm offense, full knowledge will constitute
“advance knowledge” that the firearm will be brought to carry out
the crime. Rosemond, 572 U.S. at 78. Having advance knowledge
allows the defendant to make a choice to continue to participate in
the commission of the crime or withdraw. Id. Thus, if a defendant
has continued with the commission of a crime even after a gun has
been drawn or used, a jury may reasonably infer that he had such
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advance knowledge from his failure to object or withdraw. Id. at
78 n.9.
Here, there was more than ample evidence to convict White
of both crimes because the government presented a plethora of
evidence from which a reasonable jury could have readily inferred
White’s willful participation in the carjacking and that White had
advance knowledge that a gun would be used in the commission
of the carjacking. For instance, the evidence showed: (1) White
always knew Toran to have a gun on him; and (2) White drove the
stolen Equinox from which Toran emerged with a gun. The video
surveillance footage even suggests that Toran and White were
scouting for a victim. Then, after the carjacking and brandishing
of a firearm, White continued participating in the crime and
attempted to flee the police in the stolen Acura. Further, the only
gun recovered was White’s gun.
White stresses his own trial testimony in support of his
arguments on appeal. But “when a defendant takes the stand in a
criminal case and exposes his demeanor to the jury, the jury may
make adverse determinations about his credibility and reject his
explanation as a complete fabrication.” United States v. Vazquez, 53
F.3d 1216, 1225 (11th Cir. 1995). The testifying defendant “runs the
risk that if disbelieved the jury might conclude the opposite of his
testimony is true.” United States v. Brown, 53 F.3d 312, 314 (11th
Cir. 1995) (quotation marks omitted). If the jury disbelieves the
defendant on a point, the jury may consider that testimony
“substantive evidence of the defendant’s guilt,” and that testimony
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“may establish, by itself, elements of the offense.” Id. at 314-15.
“This rule applies with special force where the elements to be
proved for a conviction include highly subjective elements: for
example, the defendant’s intent or knowledge.” Id. at 315.
Here, the jury was free to discredit White’s testimony and
consider it as substantive evidence of his guilt. See Vazquez, 53 F.3d
at 1225; Brown, 53 F.3d at 314-15. And, based on the government’s
substantial evidence implicating White, we cannot disturb the
jury’s credibility determinations on appeal. See United States v.
Feliciano, 761 F.3d 1202, 1206 (11th Cir. 2014).
IV. CONCLUSION
For the reasons stated above, we affirm White’s two
convictions.5
AFFIRMED.
5 On appeal, White does not raise any issue as to his sentence.