Curtis Ryals a/k/a Curtis V. Ryals v. State of Mississippi
CourtCourt of Appeals of Mississippi
Date FiledNovember 10, 2026
Docket2023-KA-01192-COA
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2023-KA-01192-COA
CURTIS RYALS A/K/A CURTIS V. RYALS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 10/25/2023
TRIAL JUDGE: HON. FRANK G. VOLLOR
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT,
FIRST JUDICIAL DISTRICT
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER
BY: AMBER LAUREN STEWART
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ALEXANDRA LEBRON
DISTRICT ATTORNEY: JODY EDWARD OWENS II
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED IN PART; REVERSED AND
REMANDED IN PART - 11/10/2026
MOTION FOR REHEARING FILED:
BEFORE CARLTON, P.J., McDONALD AND EMFINGER, JJ.
EMFINGER, J., FOR THE COURT:
¶1. In the Circuit Court of Hinds County, Mississippi, Curtis Ryals (Ryals) was convicted
of aggravated assault upon Bobby Potts, shooting into an occupied vehicle, and culpable
negligence manslaughter (as a lesser-included offense to first-degree murder) in the shooting
death of Khalil Ryals (Khalil). This appeal followed.
FACTS AND PROCEDURAL HISTORY
¶2. According to the evidence presented at trial, on July 22, 2016, around 10:30 a.m.,
Ryals was working at his vehicle repair shop when the owner of Bailey Fuel Express (the
store) called him and told him he had a vehicle that needed some repairs and that his wife
would arrive at the store with the vehicle in about thirty minutes. Around 11:00 a.m., Ryals
went to the store, parked his car by the gas pumps, and went inside. The owner’s wife had
not yet arrived with the vehicle, so Ryals and the owner sat around talking while he waited
for the vehicle. According to Ryals, Potts came into the store and “gave him verbal
grievance,” so Ryals went outside and sat in his car to wait for the owner’s wife to arrive.
¶3. Ryals testified that while he was sitting in his car, Potts backed up his car and pulled
up beside Ryals with his (Potts’) window down.1 According to Ryals, the following exchange
occurred:
I opened my door, and he said, “Curt, what’s that punk ass shit you said to
me?”
I said, you know I ain’t said nothing to you. I don’t say nothing to you. You
know what I’m saying?
Ryals further testified:
And at that time he upped the gun. And when he upped that gun, I usually
laugh at him because he’s a joke, you know. When he upped that gun, that day
for some reason it wasn’t a joke to me. I thought about my baby girl. She’s
sitting out there, 25 years old. I’ve got four children that depend on me daily.
So when he upped that gun, I thought about my baby girl. And at that moment
I went to talking to God. You know, “Please, God, don’t let him shoot this
gun.” Because I’m looking at the barrel. If he shoots, he’s going to kill me,
you know. For like five, six, ten seconds I’m steady talking to God. “Please,
God, just take him away. Please just,” you know what I’m saying, “just take
him away.”
Ryals testified that at this point, he cranked his car and was getting ready to leave when he
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Potts was in the driver’s seat, Khalil was in the front passenger seat, and an infant
was in the back seat. Ryals claims he never saw Khalil or the infant. Potts is Ryals’ cousin,
and Khalil is Ryals’ nephew.
2
heard a gun click. Ryals said he looked over and saw Potts with a gun pointed at him.2
¶4. Video footage from the store’s cameras shows Ryals’ vehicle parked, facing the store,
with the passenger side next to a gas pump. At approximately 11:16 a.m., Potts’ vehicle,
which had been parked in front of the store, backs out of the parking space. Potts stops his
vehicle next to Ryals. The driver’s side of Ryals’ car was so close to the passenger side of
Potts’ vehicle that Ryals could not completely open his door.
¶5. On the surveillance video, around 11:17, Ryals leaned out of his vehicle and fired his
gun, shooting into Potts’ car through the passenger’s window.3 Ryals then got out of his car,
stuck his gun through the passenger’s window into Potts’ car and fired more shots. Potts
jumped out of the driver’s side door of his vehicle and tried to run away. Ryals is seen
chasing Potts. They came back into view running towards Potts’ car. Ryals pinned Potts
against the driver’s side of Potts’ vehicle and beat Potts in the head with his weapon nine
times. Ryals testified he did not know Khalil was dead until he went back into the store to
call the police.
¶6. During trial, Ryals’ defense was that he acted in self-defense. Ryals testified that he
was defending his life, that he had no malice towards Potts, and that he had no intent to harm
Potts. In support of his theory, Ryals and his girlfriend, Erika Bailey, each testified about an
altercation between Ryals and Potts about a week prior to July 22. Bailey testified that Potts
2
At some point in his testimony, Ryals claimed he saw two guns pointed in his
direction, although he maintained that he never saw Khalil. Ryals was questioned about that
but never explained the contradiction.
3
Ryals testified that he emptied his gun, which had five bullets in it.
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was fixing his car and Potts got “frustrated at [Ryals] for something I don’t know. [Potts]
walked away and then came back with a gun and put it in [Ryals’] face.” She testified that
Potts shot at Ryals, but the bullet did not hit him. According to Bailey, Potts struck Ryals
with the gun. Ryals also testified about Potts shooting at him at his shop. The jury found
Ryals guilty of culpable negligence manslaughter, aggravated assault, and shooting into a
vehicle. The court sentenced Ryals to serve twenty years for manslaughter and a consecutive
twenty years, with ten years suspended, for aggravated assault, and a concurrent five years
for the shooting, all in the custody of the Mississippi Department of Corrections. He was
further ordered to be placed on ten years of post-release supervision.
¶7. After the trial court denied Ryals’ motion for judgment notwithstanding the verdict
(JNOV) or a new trial, Ryals appealed his convictions of culpable negligence manslaughter
and aggravated assault.4 Ryals raises five issues on appeal, which we will restate and reorder
for purposes of analysis below.
ANALYSIS
I. Did the trial court fail to properly instruct the jury on the elements
of culpable negligence manslaughter?
¶8. Ryals argues that the elements instruction for culpable negligence manslaughter did
not properly instruct the jury on the essential elements of the crime. Jury Instruction 9
provided:
The Court instructs the Jury that even if you do not find that Curtis Ryals,
killed Khalil Ryals with a depraved heart, you may proceed in your
deliberations to determine if he committed Culpable Negligence Manslaughter.
4
Ryals does not challenge his conviction of shooting into a vehicle.
4
Therefore, if you find from the evidence in this case beyond a reasonable
doubt that the Defendant,
1. Curtis Ryals:
2. On or about the 22nd day of July 2016;
3. In the First Judicial District of Hinds County, Mississippi;
4. Without authority of law
5. With culpable negligence, by discharging a gun in the direction
of Khalil Ryals
6. Without any premeditated design to affect the death of any
individual,
then you shall find the Defendant guilty of Culpable Negligence Manslaughter.
If the State has failed to prove any one or more of the elements beyond a
reasonable doubt, then you shall find the defendant not guilty.
¶9. Ryals argues on appeal that this instruction failed to require the jury to find beyond
a reasonable doubt that through his culpable negligence, Ryals actually killed Khalil Ryals.
The State argues that because Ryals’ counsel failed to object to Instruction 9 during trial, his
argument in this regard is waived, citing Edwards v. State, 723 So. 2d 1221, 1227 (Miss. Ct.
App. 1998) (“[T]he appellant bears the burden of making sure that the facts which support
his claim of error are present in the record for appellate review.”).
¶10. In Harris v. State, 396 So. 3d 1258, 1265 (¶18) (Miss. Ct. App. 2017), we explained:
“A defendant’s failure to object to a jury instruction at trial creates a
procedural bar that prohibits appellate review of the issue, unless there is plain
error.” Fitzpatrick v. State, 175 So. 3d 515, 522 (¶31) (Miss. 2015) (reh’g
denied Oct. 15, 2015) (citation omitted). “Under such circumstances, [an
appellate court] will find plain error only where a fundamental right of the
defendant has been violated.” Id. (citations omitted). “Failure to submit to
the jury the essential elements of the crime is fundamental error.” Hunter
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v. State, 684 So. 2d 625, 636 (Miss. 1996). Furthermore, “even though the
defendant did not present an acceptable instruction, the State was obligated to
do so.”
(Emphasis added).
¶11. Mississippi Code Annotated section 97-3-47 (Rev. 2014) defines a homicide by
culpable negligence as manslaughter:
Every other killing of a human being, by the act, procurement, or culpable
negligence of another, and without authority of law, not provided for in this
title, shall be manslaughter.
We have held that “[t]he statutory elements of culpable-negligence manslaughter are ‘an
unlawful killing by the culpable negligence of another.’” Wise v. State, 263 So. 3d 668, 675
(¶30) (Miss. Ct. App. 2018) (quoting Ramage v. State, 914 So. 2d 274, 276 (¶5) (Miss. Ct.
App. 2005)). Failure to include the essential element that Khalil was killed by Ryals’
culpable negligence is a fundamental error that demands that we reverse Ryals’ conviction
of culpable negligence manslaughter and remand for a new trial.
II. Was the evidence legally sufficient to support a conviction of
culpable negligence manslaughter?
¶12. In Seales v. State, 400 So. 3d 511, 513 (¶7) (Miss. Ct. App. 2025), this Court
explained:
“When this Court reviews the sufficiency of evidence . . . , we view the
evidence in the light most favorable to the State and decide if rational jurors
could have found the State proved each element of the crime.” Lenoir v. State,
222 So. 3d 273, 279 (¶25) (Miss. 2017). The issue is not “whether we think the
State proved the elements. Rather, we must decide whether a reasonable juror
could rationally say that the State did.” Poole v. State, 46 So. 3d 290, 293-94
(¶20) (Miss. 2010).
¶13. The State maintains that Ryals waived this issue by failing to move for a directed
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verdict, either at the end of the State’s case or by renewal of the motion at the conclusion of
all the evidence. The State points to Mississippi Rule of Criminal Procedure 21(c), which
provides in relevant part:
(a) After the Prosecution’s Case-In-Chief. After the prosecution rests, the
court, on its own motion or upon motion by the defendant, may consider
whether the evidence is sufficient to sustain a conviction. A motion for
directed verdict must specify the manner in which the evidence is deficient.
When, with respect to one (1) or more elements of the offense charged, the
evidence is insufficient to support a conviction, the court shall order a directed
verdict of “not guilty.” The trial shall proceed with respect to the remaining
count(s), if any.
(b) At the Close of the Evidence. If the motion for directed verdict is denied,
the defendant may rest or proceed to introduce evidence on his/her behalf. If
the defendant chooses to go forward with his/her own case, the defendant may
renew the motion for directed verdict after the close of all the evidence.
(c) Waiver. The failure of a defendant to challenge the sufficiency of the
evidence at the times and in the manner prescribed will constitute a
waiver of any argument on appeal pertaining to the sufficiency of the
evidence to support the verdict.
(Emphasis added). After the State rested, the trial court asked defense counsel, “[D]o you
have a motion,” to which defense counsel replied, “[T]he defense would call its first witness,
Ms. Erika Bailey.” At the conclusion of all the evidence, the trial court recessed for the
evening before beginning closing arguments. Before the recess, the trial court asked, “[I]s
there anything I need to take up before I go,” to which defense counsel replied, “[N]ot from
the defense.” Pursuant to Rule 21(c), the State argues that the issue of the sufficiency of the
evidence is procedurally barred from consideration on appeal.
¶14. While the record confirms that Ryals did not move for a directed verdict at the close
of the State’s case and did not move for a peremptory instruction, we must note that in his
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“Motion for Judgment Notwithstanding the Verdict, or in the Alternative, for New Trial,”
Ryals did raise the issue by arguing:
The evidence presented at trial by the State prosecution was not sufficient to
justify the verdict of guilty.
While new Rule 21(c) took effect on July 1, 2017, before the trial here occurred, we have
found no case where this provision of the rule has been applied. The comment to the rule
states that “Rule 21 follows common-law practice for a motion for directed verdict.” In
another case that was tried after the effective date of the rule, Carpenter v. State, 311 So. 3d
1268, 1275 (¶28) (Miss. Ct. App. 2021), this Court stated:
“The sufficiency of the evidence is challenged with a motion for a directed
verdict, a request for a peremptory instruction, or a motion for judgment
notwithstanding the verdict (JNOV).” Pace v. State, 242 So. 3d 107, 117 (¶24)
(Miss. 2018) (citing McClain v. State, 625 So. 2d 774, 778 (Miss. 1993)).
“When the defendant proceeds with his case after the State rests and the court
overrules the defendant’s motion for a directed verdict, the defendant has
waived the appeal of that directed verdict.” Id. at (¶25) (quoting Holland v.
State, 656 So. 2d 1192, 1197 (Miss. 1995)). To preserve an issue for appeal if
the defense presents witnesses or other evidence, the defendant must renew his
motion for a directed verdict when he rests. Goldsmith v. State, 195 So. 3d
207, 212 (¶13) (Miss. Ct. App. 2016) (citing Page v. State, 990 So. 2d 760,
761 (¶9) (Miss. 2008)). “Stated another way, if a defendant put on evidence in
his own defense after the denial of his motion for directed verdict, he waives
his challenge to the sufficiency of the State’s evidence up to that point.”
Washington v. State, 298 So. 3d 430, 439 (¶29) (Miss. Ct. App. 2020) (quoting
Woods v. State, 242 So. 3d 47, 54 (¶24) (Miss. 2018)). “In the absence of a
renewal of the directed verdict, a request for a peremptory instruction, or a
motion for a judgment notwithstanding the verdict, the defendant has
waived the sufficiency error on appeal.” Pace, 242 So. 3d at 117 (¶24).
(Emphasis added). So it would seem that despite the language used in Rule 21(c), the issue
of the sufficiency of the evidence may be preserved for appellate purposes by raising the
issue in a post-trial JNOV motion, as was done in the present case.
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¶15. There is, however, another hurdle that must be cleared by Ryals. In Thomas v. State,
195 So. 3d 843, 850 n.4 (Miss. Ct. App. 2016), this Court stated:
“A motion for a directed verdict on the grounds that the state has failed to
make out a prima facie case must state specifically wherein the state has failed
to make out a prima facie case. Motions for a directed verdict must be specific
and not general in nature.” Sheffield v. State, 749 So. 2d 123, 126 (¶10) (Miss.
1999) (quoting Banks v. State, 394 So. 2d 875, 877 (Miss. 1981)). Here,
Thomas’s oral directed verdict motion was as follows: “Judge, at this time, we
would make a motion for a directed verdict as a matter of law. That’s for the
record.” Under Sheffield, that is not sufficient to preserve a challenge to the
sufficiency of the evidence. See id. Thomas’s post-trial motion for JNOV or
a new trial was even less specific. Although the motion requested “a judgment
of acquittal notwithstanding the verdict,” the motion failed to address the
weight or sufficiency of the evidence. This was also insufficient to preserve a
challenge to the weight or sufficiency of the evidence because the same
“specificity” required of a motion for a directed verdict “is also required in a
motion for JNOV.” Riley v. State, 11 So. 3d 751, 753 (¶10) (Miss. Ct. App.
2008).
As shown above, the issue of the sufficiency of the evidence raised in Ryals’ post-trial
motion was not specific. Therefore, regardless of new Rule 21(c), failure to specifically
address the alleged deficiency of the evidence in his post-trial motion procedurally bars the
issue from consideration on appeal.
¶16. The procedural bar aside, Ryals’ assertion of insufficiency of the evidence on appeal
has no merit. Ryals’ sole contention is that the State did not prove beyond a reasonable doubt
that he was not acting in self-defense. However, Ryals cites no authority for the proposition
that self-defense is an available defense to a charge of culpable negligence manslaughter. To
the contrary, in Figueroa v. State, 337 So. 3d 1104, 1110-11 (¶20) (Miss. Ct. App. 2021), this
Court explained:
“Our [S]upreme [C]ourt has upheld the trial court’s denial of a self-defense
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jury instruction in a murder case as having no evidentiary basis when the
defendant’s defense was that the shooting was unintentional and accidental.”
Brown v. State, 33 So. 3d 1134, 1140 (¶22) (Miss. Ct. App. 2009) (citing
Wadford v. State, 385 So. 2d 951, 955 (Miss. 1980)). In Wadford, “[t]he
[S]upreme [C]ourt clarified that ‘the legal concept of self-defense in a
homicide case is based upon justification of a purposeful killing because it was
necessary to kill in order to save the killer from imminent danger of suffering
death or grave bodily harm at the hands of the person killed.’” Brown, 33 So.
3d at 1140 (¶22) (emphasis added) (brackets omitted) (quoting Wadford, 385
So. 2d at 955). As this Court explained in another case, “a self-defense claim
involves the intentional killing of a human being”—not an accidental killing.
Birge v. State, 216 So. 3d 1174, 1177 (¶15) (Miss. Ct. App. 2017) (emphasis
added) (holding that the defendant’s testimony that he killed the victim “by
accident” “negate[d] [his] claim of self-defense”).
We further find, based upon the above, that this issue is without merit because self-defense
is not an available defense to culpable negligence manslaughter.5
III. Were the verdicts of the jury convicting Ryals of culpable
negligence manslaughter6 and aggravated assault against the
overwhelming weight of the evidence?
¶17. Ryals argues that the overwhelming weight of the evidence shows that he was acting
in self-defense when he shot and beat Potts. He contends that the evidence shows that Potts
had shot at him during a recent argument. Further, Ryals contends that not one, but two guns
were pointed at him from Potts’ vehicle before he started shooting.
¶18. Count II of the indictment charges Ryals with aggravated assault by repeatedly
“striking Bobby Potts about his head with a .45 caliber Revolver handgun.” The evidence,
5
In his fourth issue on appeal, Ryals contends that the trial court erred by not
instructing the jury on self-defense as a defense to culpable negligence manslaughter. Based
upon our conclusion on Issue II above, we also find this claim is without merit.
6
Because we reverse the manslaughter conviction on other grounds and remand the
charge of culpable negligence manslaughter, this issue is moot.
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particularly the store video, shows that after Ryals shot into Potts’ vehicle, Potts ran from the
vehicle and away from Ryals. The video shows Ryals chasing Potts down and herding him
back toward the vehicle. When Potts was then pinned against his vehicle, Ryals repeatedly
beat Potts in the head with his handgun. It is clear from the video that Potts was not, at that
time, acting aggressively toward Ryals. Potts was trying to get away from Ryals.
¶19. In Alvarado v. State, 343 So. 3d 391, 399 (¶ 22) (Miss. Ct. App. 2022), this Court
stated:
And “[a] successful self-defense argument requires that the jury believe that
it was objectively reasonable for the defendant to believe he was in danger of
imminent death or serious bodily harm.” Wilder v. State, 118 So. 3d 628, 631
(¶9) (Miss. Ct. App. 2012).
Also in Thomas v. State, 145 So. 3d 687, 695 (¶37) (Miss. Ct. App. 2013), this Court found:
Furthermore, this Court has found that it was reasonable for a jury to conclude
a defendant did not fear for his safety when evidence indicated the victim tried
to flee. Knox v. State, 912 So. 2d 1004, 1009 (¶ 22) (Miss. Ct. App. 2005).
We find the overwhelming weight of the evidence in this case shows that Ryals was not in
“imminent danger” when he chased Potts down, while Potts was trying to flee, and beat Potts
in the head with his firearm. This issue is without merit.
IV. Was Ryals’ trial counsel constitutionally ineffective?
¶20. Ryals contends that his trial counsel was ineffective for failing to properly and timely
raise “his applicable Weathersby defense.” In Thomas v. State, 416 So. 3d 102, 110-11
(¶¶19-20) (Miss. Ct. App. 2025), we explained the Weathersby rule:
Where the defendant or the defendant’s witnesses are the only eyewitnesses to
the homicide, their version, if reasonable, must be accepted as true, unless
substantially contradicted in material particulars by a credible witness or
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witnesses for the state, or by the physical facts or by the facts of common
knowledge.
(Emphasis added). Because Weathersby only applies in homicide cases and because Ryals’
manslaughter conviction is being reversed and remanded, this issue is moot.
CONCLUSION
¶21. Based upon the above analysis, Ryals’ conviction of culpable negligence
manslaughter is reversed and remanded for a new trial. We affirm Ryals’ conviction and
sentence for aggravated assault, and his conviction and sentence for shooting into an
occupied vehicle are undisturbed by this appeal.
¶22. AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
BARNES, C.J., CARLTON AND WILSON, P.JJ., WESTBROOKS,
McDONALD, LAWRENCE, McCARTY, WEDDLE AND LASSITTER ST. PÉ, JJ.,
CONCUR.
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