 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Anderson1/26/2000
Hon. James E. Beckner, Judge
OPINION FILED:
CONVICTION AFFIRMED; SENTENCE MODIFIED
David G. Hayes, Judge
OPINION The appellant, Ballard Eugene Anderson, appeals his conviction by a Hancock County jury for the offense of reckless homicide, a class D felony. The trial court imposed the maximum sentence of four years incarceration in the Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence, the imposition of the maximum sentence, and the denial of an alternative sentence.
After review, we affirm the conviction but modify the sentence to reflect a two year sentence of supervised probation.
BACKGROUND The facts of this case leading to the shooting death of the victim are not in dispute. The appellant and his wife lived in a rural area of Hancock County near the Clinch River. On February 17, 1998, the two had invited Jeff McKinney and his girlfriend, Pam Hickman, to their home. That afternoon as the appellant was processing deer meat for their dinner, Mike Rimer, Bobby Joe Cupp and Robert Owens appeared at the appellant's home. Although the appearance of the three men was unexpected, they were nevertheless invited to remain for dinner. Cupp lived in the area and the appellant was acquainted with all three men. Prior to their arrival, the three had spent the afternoon drinking beer and smoking marijuana. Rimer, who liked to consume two "tall boys" at a time, had already drunk at least six beers. After their arrival, the threesome continued to drink beer from a full cooler they had brought along. During the meal with all guests present, Rimer became belligerent and called Ms. Hickman a "whore" and a "bitch." He then accused McKinney and Ms. Hickman of stealing his father's chainsaw. Both Ms. Hickman
and McKinney were fearful of Rimer as he had previously assaulted McKinney and had attempted to rape Ms. Hickman.
The appellant told Rimer to either calm down or he would have to leave. When Ms. Hickman finished her meal, she arose from the table and Rimer got in her face and cursed her again. The appellant repeated his warning to Rimer but Rimer persisted in the confrontation, pushing Ms. Hickman with his chest. In her defense, the appellant placed a hand on Rimer's shoulder and ordered him to stop. Rimer struck the appellant with his fist and the two men wrestled to the floor in the kitchen. During the fracas in which both the appellant and Rimer exchanged blows, the appellant was struck on the eye on which he had recently had surgery. The appellant was able to escape the grasp of Rimer but not before Rimer had pulled a large clump of his hair out. The appellant retreated to the bedroom, retrieved his 30-30 rifle and loaded a shell into the chamber. Undaunted, Rimer charged into the bedroom after the appellant.
Again, the appellant urged Rimer to leave and told him that because of their friendship he did not want to shoot him. Rimer placed the gun's barrel to his chest and told the appellant to shoot him. Then, the appellant stepped back and Rimer swung at him. Fending off Rimer, the appellant, using the stock of the gun, struck Rimer in the forehead, breaking the stock. Further incensed, Rimer began swinging madly; the appellant hit Rimer with the gun barrel followed by another blow to the head with the stock.
The appellant ran into the other bedroom to get his .270 rifle which he found unloaded. Following closely behind, Rimer charged again and his body met with the 30-30 rifle barrel which was still in the grasp of the appellant. The appellant maneuvered beside him out the bedroom door, through the living room, and onto the front porch. Rimer purs
Page 1 2 3 4 5 6 7 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|