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State v. Durham7/26/1999
ham and Ms. Coffey could turn and begin running down the hallway toward the rear of the store. Ms. Coffey testified that she was sure that the first shot hit Mrs. Durham, because "her blood went in my mouth." The appellant continued firing the rifle. Mrs. Durham was behind Ms. Coffey, "hanging on the back of my neck." Ms. Coffey heard Mrs. Durham say, "Oh, God, Tiny, help me." Mrs. Durham then fell to the floor. As Mrs. Durham fell, Ms. Coffey could feel Mrs. Durham's knees hit the back of her legs. Ms. Coffey crawled into the bathroom and waited for a few minutes. When she emerged, she was able to observe on a security monitor the appellant leaving the store. The appellant appeared to be calm. Ms. Coffey then telephoned the police. She stated that, by that time, Mrs. Durham was already dead.
John Whitaker also testified on behalf of the State. He was at the United gas station shortly after 9:00 p.m. on October 1, 1996. He was pumping gas into his car when he heard "a bunch of noise" that sounded like gunshots. Immediately thereafter, Mr. Whitaker observed the appellant emerge from the convenience store. The appellant was carrying a long weapon and was walking "slow and casual." He proceeded to his car and placed the rifle in the back seat. Before entering the vehicle, the appellant turned and looked at Mr. Whitaker "like he was calm as can be." Another vehicle passed in front of the appellant's car from the direction of the drive-up window. The appellant waited for the car to pass and then drove away.
Angela Lynette Coppage testified that she was with her ex-husband and her six year old daughter at the United gas station on the night of the murder. She and her husband were purchasing beer at the drive-up window, and Mrs. Durham was serving them. After concluding the transaction, her husband began to drive the car away from the window. At that time, they heard gunshots inside the store. Her husband drove to the front of the store and paused in front of a parked car. Mrs. Coppage observed the appellant emerge from the store carrying a gun. He was walking at a normal pace and appeared to be calm. He placed the gun in the parked car, entered the car, and drove away.
The State additionally introduced the testimony of James Brown, an investigator with the Johnson City Police Department. Investigator Brown testified that he was on duty on the evening of October 1, 1996. He was dispatched at approximately 9:11 p.m. to the United gas station and convenience store. When he arrived at the gas station, another patrol unit and an ambulance were already present, and paramedics were attempting to revive Mrs. Durham inside the store. Investigator Brown began securing the crime scene. He spoke with several witnesses, including Ms. Coffee, Mr. Whitaker, and the Coppages. Additionally, a search of the crime scene yielded seven spent .22 caliber long rifle casings from the counter area of the convenience store and one long rifle casing from outside the drive-up window of the store. Investigator Brown also obtained a video tape from the store's automated surveillance system.
The video tape, and still photographs developed from the video tape by the Federal Bureau of Investigation, show the appellant entering the convenience store at approximately 9:11 p.m. Mrs. Durham was working at the drive-up window, and Ms. Coffey was in the back of the store. According to the video tape and the photographs, the appellant stood and looked in the direction of the drive-up window for approximately fourteen (14) seconds. At that time, the appellant was carrying nothing in his hands other than, perhaps, money or cigarettes. The appellant then left the store and reentered moments later carrying a long object,
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