’22 conviction in child’s hit-and-run death upheld by Court of Appeals

The 2022 felony conviction of Andrew Graham Winstead in the hit-and-run death of a child near Union has been upheld by the Mississippi Court of Appeals.

On April 29, 2021, two-year-old Nolan Norris was killed by a pickup truck driven by Winstead on Highway 492 east of Union.

Winstead, 27 at the time, was later indicted for leaving the scene of an accident resulting in a death.

During his November 2022 trial in Neshoba County Circuit Cout multiple witnesses, including Nolan’s mother, Madison Norris, testified about the incident. 

Madison Norris saw her son cross the highway and get hit by Winstead’s truck. 

Despite apparently realizing what had happened, Winstead fled the scene, and an investigation by local and state authorities led to Winstead's arrest later that night. 

During an interview with investigators, Winstead initially claimed “he thought he had hit a dog” but later admitted he realized he hit a child upon returning to the scene. However, he said he panicked and left again, according to court documents.

This confession was challenged on appeal because Winstead had requested an attorney during the interrogation but continued to be questioned after a brief break, according to court documents.

In addition to Winstead's confession, forensic evidence linked him to the accident. 

Blood samples gathered from Winstead’s truck matched Nolan’s DNA, despite the defense’s challenges over the chain of custody for the evidence.

Winstead was convicted and sentenced to 12 years in prison with five years suspended, seven years to serve, and five years of post-release supervision.

On appeal, Winstead argued that his confession was obtained in violation of his right to counsel and that the admission of the blood sample evidence violated his constitutional rights. 

The appeals court agreed that Winstead’s confession should have been excluded in trial court because it was obtained in violation of Edwards v. Arizona, but ruled the error was harmless due to overwhelming evidence of guilt. 

The Mississippi Court of Appeals ultimately upheld the admission of the evidence and affirmed Winstead’s conviction.