 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Gayles7/6/1999
On July 7, 1993, Appellant James E. Gayles was charged with one count of first degree murder. After a jury trial on February 6-7, 1995, Appellant was convicted of first degree murder and was sentenced to life imprisonment. Appellant challenges his conviction, raising the following issues:
"1) whether the evidence was sufficient to support his conviction; and"
"2) whether the State improperly failed to disclose a leniency agreement it had with one of its witnesses."
After a review of the record, we affirm the judgment of the trial court.
I. FACTS
Officer Lisa Coppock of the Johnson City Police Department testified that on May 2, 1993, she was dispatched to investigate a shooting in the parking lot of Pro-Diesel in Johnson City. When she arrived, she found Darrell Sturdivandt lying on his back next to a blue vehicle. Sturdivandt was declared dead at the scene. It appeared that he had a small caliber gunshot wound in the middle of his back. There was also a spent .25 caliber shell casing on the ground next to Sturdivandt's right foot.
Doctor William McCormick testified that he examined Sturdivandt's body on May 2, 1993. Dr. McCormick determined that Sturdivandt had died as a result of being shot in the back with a .25 caliber bullet. Dr. McCormick further determined that Sturdivandt had a blood alcohol level of .058 and traces of marijuana in his system when he died.
Patrick Hale testified that he was at the Black & Tan Club on May 2, 1993, when he heard some gunshots coming from the vicinity of Pro-Diesel. When Hale looked in the direction of Pro-Diesel, he saw Appellant run and get in a van driven by Stephanie Bowman. Hale then heard Appellant yell, "let's go, let's go" and the van accelerated down the street.
Anthony Forney testified that he was a passenger in Bowman's van when Appellant jumped in the van and said, "let's go." Anthony Forney noticed that Appellant smelled like firecrackers or gunpowder and appeared to be acting paranoid and frightened. Forney could see the shape of a gun hidden under Appellant's shirt.
Dwight Forney testified that the night before the shooting, Appellant had stated that "if people didn't quit messing over him he was going to take somebody out-someone out, or, make an example of somebody."
Charles Delapp testified that on May 2, 1993, he saw Appellant walk toward a blue car in the Pro-Diesel parking lot. Shortly thereafter, Delapp heard a gunshot and saw Appellant jogging away from the area where the sound of the gunshot originated. Appellant then got in a van and the van, drove away. Delapp could see that Appellant had wrapped a T-shirt around his hand.
Jason Beam testified that he was a friend of Sturdivandt. He had seen Sturdivandt steal cocaine from drug dealers by taking it out of their hands and fleeing or by giving them less money than the cocaine was worth.
Alonzo Norman testified that he witnessed a drug transaction in which an individual gave one dollar to Appellant for fifty dollars worth of cocaine. Appellant appeared to be upset and stated, "man, I seen him before and I'll see him again."
According to Norman, on May 2, 1993, Appellant came to his residence and told Norman that he wanted to go to New York with him. Appellant stated, "I think I shot somebody." Appellant also stated, "the man tried to pull something out on me and I shot him." When Norman asked Appellant who he had shot, Appellant stated that he had shot "the man that-that gave the dollar for the fifty."
Stephanie Bowman testified that she was driving a van on May 2, 1993, when Appellant came runnin
Page 1 2 3 4 5 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|