U.S. v. Lowe

Dist. Ct. did not abuse its discretion in admitting evidence that gunshots were fired prior to defendant being detained on charge of unlawful possession of firearm, even though defendant argued that under Rule 404(b), evidence of any other crime, wrong or act is inadmissible to prove person’s character to show that on particular occasion, person acted in accordance with said character. Rule 404(b), though, also permits admission of said evidence if evidence is proffered to prove motive, opportunity, intent, preparation, plan/knowledge, identity, absence of mistake or lack of accident. In instant case, officer testified that police responded to call of shots fired shortly before defendant’s apprehension on charge of unlawful possession of firearm, and said evidence was properly admitted under Rule 404(b), where: (1) officer’s testimony helped to confirm that defendant placed gun-shaped object in dumpster just after shooting and just prior to defendant’s apprehension; and (2) defendant was found within close radius of said dumpster and was caught on video dropping gun-shaped object into said dumpster. Also, Dist. Ct. did not abuse its discretion in accepting juror’s "Yes. Barely." response to question as to whether juror was in agreement with jury’s announced guilty verdict. Ct. of Appeals rejected defendant’s claim that juror gave ambiguous response that required Dist. Ct. to declare mistrial due to lack of jury’s unanimity.