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State v. Rogers3/26/2002
FACTS
At the sentencing hearing, the victim, Glenda Wright Maples, testified that on January 8, 1999, she was living in Manchester, Tennessee, and working as an insurance agent. The defendant was her live-in boyfriend. She testified that when she arrived home from work that day, the defendant was "extremely drunk. I don't know what he was on, but he was bouncing off the walls and stumbling all over the place." Ms. Maples went to the kitchen, sat down at a glass table to smoke a cigarette, and continued to observe the defendant. She said that when she stood up, the defendant came toward her and "got real close to face." At that point, she told the defendant to leave or she would call the police. The defendant then "slammed" her up against the refrigerator and started beating her in the face with his fists. The defendant told her, "I'm going to kill you, bitch." After the defendant knocked her to the floor, he choked her, tried to pull her eye out, kicked her, stomped her in the head, banged her head against the floor, and repetitively beat her in the eyes for a period of time that "seemed like forever." She said that she could no longer see after the first six or seven blows to her eyes because of the swelling and bleeding. While the defendant was beating her in the eyes, she told him she was sorry and he finally stopped. The defendant told her, "We have an understanding, don't we? You fell." As she was trying to reach the panic button on her alarm system in the house, she heard the defendant cock her pistol, which had been in her purse, and then felt the pistol being pushed against her chest. The defendant held the gun to her chest and said, "We have an understanding. You fell and hit your head on the table."
The victim testified that she next asked the defendant to get her a "rag" and a soft drink because she was bleeding and felt nauseous. The victim's mother, who lived next door, telephoned twice; the defendant answered both times and told her that the victim had fallen and he was going to take her to the hospital. Shortly thereafter, the doorbell rang and the victim heard her mother enter the house. The next thing the victim remembered was the "ambulance people" coming into the house and putting her on a stretcher. She initially told them that she fell on the table because the defendant was still in the room and she did not know where the gun was. Someone then whispered to her and asked her if the defendant had beaten her, and she nodded in the affirmative.
The victim was transported to the local medical center where she underwent a CAT scan, received stitches, and was hospitalized for three or four days for her injuries. She was then sent to Baptist Hospital in Nashville where she underwent a second CAT scan which showed that her right orbital bone around her eye had been completely destroyed. She underwent surgery during which plastic was inserted in place of the missing orbital bone. When asked to describe her permanent injuries, the victim testified:
I have double vision when I look down. They can't correct that. I can see okay straight ahead, but if I look down, I'll fall, if I don't move my head. They have done extensive neurological testing. I have diffuse brain damage all over the brain, different places. I have very, very limited short-term memory. Intermediate memory is not very good. I can't figure out things. There is no hope for me to work again because I don't know what I'm doing half the time. I get lost and confused. I don't understand what I read or hear half the time.
If you tell me a story or something to do, you may have to tell me three times. I'll forget it before I get out of the room and of course, to look at my eye
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