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State v. Payne11/20/2002
or two guns. She said that the victim's blood-alcohol level was 0.11 grams per deciliter, and that his toxicology report revealed no drugs of any kind in his system.
Thomas Hughlett testified that the defendant was formerly his uncle's stepson and was "like a cousin." On November 24, 1996, he was barbequing at his mother's house in Memphis when the defendant came by and asked him "to take him on Aubra Street." When he refused, the defendant pulled two guns out of his clothing and said, "I'm going to kill me a motherfucker and I ain't going back to jail. I'm going to hell." Hughlett agreed on cross-examination that the defendant was not "acting right," testifying that his eyes looked "glossy" and he appeared to be under the influence of some kind of drug. He was aware that the defendant had been snorting powder cocaine for a number of months, but did not know if he had used any that day. He conceded, however, that he had told police officers that the defendant became "crazy" and "a whole different person" when he was on cocaine.
Eric Rogers, a friend of the victim, testified that the victim was with him on the evening of November 24, 1996, as he responded to a page he had received from someone at a residence on Aubra Street. He said that when he pulled his car into the driveway, he saw the defendant's face at the upstairs window of an apartment belonging to a woman named Nicole. Leaving the victim in his car, he got out and went up to the apartment to find out who had paged him. On his way up, he saw the defendant sitting on the hallway stairs with Keith Brown. When told by the apartment's occupants that no one there had paged him, he headed back out to his car. He had paused to talk downstairs with a woman named Christine when Brown asked if he had a light. Rogers said that he gave Brown a book of matches, and then started toward his car. He did not see the victim.
Rogers testified that as he was walking to the car, Brown pulled a gun on him and ordered him to "drop it off." He said that he threw his arm up and ran around the car. He slipped and fell, and Brown pulled him up by his shirt and demanded again that he "drop it off." After Rogers had given Brown $142, Brown asked where his car keys were and was told they were in the car. At that point, he heard Brown repeatedly say, "Derek, don't shoot. Derek, don't shoot," and looked around to see the victim and the defendant on the front porch of the "complex" next door. He then heard two or three gunshots. In response to the gunshots, he ran around Nicole's building. He next saw Brown get into his car and pull out into the street, the defendant run off the front porch of the duplex and jump into the car, and both men drive off. He later identified Brown and the defendant from photographic spreadsheets shown to him by the police.
Rogers testified on cross-examination that he had known the defendant for about fifteen years, but they were not friends. He said that the defendant had known his pager number, although acknowledging he had told police two days after the shooting that the defendant did not. In addition to Nicole, men he knew as "Head" and "Twin" were in Nicole's apartment when he arrived. He did not see the defendant with a gun when he went up to the apartment, and saw Brown, but not the defendant, when he came back outside the building. He testified that he saw the defendant and the victim on the porch after Brown yelled to the defendant not to shoot, and that he thought he saw the defendant standing over the victim. He said that the two or three gunshots he heard from the porch, the last of which may have occurred after a slight pause, "had to come from [the defendant]." However, he acknowledged that he did not s
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