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State v. Flake8/5/2003
friendly toward younger members. At approximately 7:55 p.m., Robert Wilford Gragg was walking through the parking lot of the church when he noticed Bizot "warmly" greet another individual, but Gragg did not turn to look at this individual. Just as he was entering the church, Gragg heard what he thought was a car backfire, and turning, he saw a "rackety" car go by the church. Some ten minutes after the meeting began, another attendee walked in the back door and said "Fred was laid out on the ground outside." Bizot was unconscious and lying in the grass between the parking lot and the church. Medical personnel discovered that Bizot had been shot once in the chest.
The next day, Sunday, April 6, 1997, Turner Carpenter, a pastoral counselor at Central Church in Memphis was shot. However, Carpenter survived the shooting and provided information to the police that enabled them to identify the defendant as his assailant. Flake I, 88 S.W.3d at 543. Acting on this information, Shelby County Sheriff's Department Officer Robert Brandon Lampley and another officer proceeded to the residence the defendant shared with his parents in Germantown. About thirty minutes later, the defendant arrived and exited his vehicle. With guns drawn, Officer Lampley and another officer walked toward the defendant, and one officer yelled, "Christopher." The defendant stopped, and as the officer approached, a man, who Officer Lampley later learned was the defendant's father, walked out of the house and spoke to the defendant. Officer Lampley holstered his gun, and after conducting a pat-down search, the officers handcuffed the defendant and placed him inside the patrol car. Officer Lampley testified that the defendant cooperated but showed no emotion during his arrest.
After verbally advising the defendant of his constitutional rights, Detective Johnny Brown asked the defendant if he knew why the officers were there. The defendant responded, "yes." Detective Brown then asked if the weapon was in his vehicle, and the defendant again responded, "yes." In response to further questioning, the defendant advised that the weapon was in the glove compartment. Detective Brown then read a consent to search form to the defendant, and the defendant executed the form, which was witnessed by two other officers. From the glove compartment officers seized a loaded Jennings automatic .25 caliber pistol, and they also recovered a shell casing from the right rear seat of the vehicle. When Detective Brown asked if he had attended an A.A. meeting on Hickory Hill the previous evening, the defendant was unsure of the location, but when Detective Brown mentioned the Church of the Holy Apostle, the defendant indicated that he had attended the meeting. When asked, "Did you get in an altercation there," the defendant responded, "yes." And, when asked, "What happened?" the defendant responded, "I shot the guy." Detective Brown said the defendant looked "tired" and showed no emotion.
Detective Eddie Scallions of the Shelby County Sheriff's Department investigated the shootings. Detective Scallions executed a search warrant for the residence the defendant shared with his parents. In the defendant's bedroom Detective Scallions found an empty box of .22 caliber cartridges, several live .22 caliber rounds, and a box for a Jennings Model J.25 pistol, which contained the Guns and Ammo receipt. Detective Scallions also found prescription bottles belonging to the defendant which contained Zoloft, Prozac, and Cylert. Some of the prescriptions dated to more than one year before the shootings, but, based on the contents of each bottle, the defendant had not regularly taken the medication.
Dr. O.C. Smith, head of the forensic pathology divisio
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