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State v. Rhyan1/27/2003
This case relates to the defendant's shooting and killing the victim, Kenneth Suiter. Sergeant Larry Colburn of the Memphis Police Department testified that at 6:44 p.m. on December 3, 1998, he was dispatched to the Metro Market Grocery Store at 1378 North Hollywood Street. He saw the victim lying on his back in a grassy area that was just south of the store's parking lot. The area was littered with empty bottles and was separated from the parking lot by a concrete retaining wall that was about thirty inches tall. The victim had been shot once in the chest and was dead. Sergeant Colburn saw an empty pack of cigarettes on the ground next to the victim's left hand, empty wine and beer bottles next to the victim's right arm, and an empty whisky bottle under the victim's right knee. Sergeant Colburn also saw a kitchen knife, partially covered by trash, on the ground near the victim. He photographed the scene, took measurements, and collected the knife, bottles, and cigarette pack. On cross-examination, he said that he did not know if fingerprints were recovered from the items he collected or if someone moved the body before he arrived.
Lawrence Yancy testified that in December 1998, he worked nights at a Target store. He said that on December 3, he got out of bed about 4:30 p.m. and walked to the Metro Market in order to get a beer before he went to work. He said that before he went into the store, he sat on the retaining wall outside the store for a few minutes. He said that he saw the defendant and the victim walking and talking together and that the men did not appear to be arguing. He said that he could tell the defendant and the victim had been drinking because they were staggering. He said he went into the store, bought a beer, and went outside and sat on the retaining wall. He said that the victim also was sitting on the wall and that the defendant was standing in front of the victim. He said that he was about an arm's length from the defendant and the victim and that they were arguing. He said that the argument escalated and that the victim cursed the defendant. He said the victim told the defendant, " can go on and pull out that rusty ass knife. I'll take it from you." He said the defendant replied, " ain't going to take shit from me." He said that the defendant shot the victim with a handgun and that the victim fell backward into the grassy area. He said that he was afraid and that he ran away. He said that as he was running, he heard the victim say, "[Please] don't shoot me again."
Mr. Yancy testified that he ran to his stepdaughter's house and told her what had happened. He said that after he returned home, he changed clothes, collected his thoughts, and went to the crime scene to see if the victim was dead. He said the police were at the Metro Market and had covered the victim's body with a body bag. He said he did not tell the police what he had seen and went home. He said that the next day, the police contacted him and he went to the police station. He said he gave a statement and picked the defendant's picture out of a photograph array.
Mr. Yancy testified that he had not been drinking when he saw the defendant shoot the victim. He acknowledged that the retaining wall was a popular place for people to gather and drink. He said that although the victim was cursing at the defendant, he did not see anything in the victim's hands and the victim never got off the retaining wall or made any gestures toward the defendant before the defendant shot the victim. He acknowledged having a prior conviction for misdemeanor theft.
On cross-examination, Mr. Yancy testified that when he first arrived at the Metro Market and sat on the wall, someone named Big Daddy
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