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State v. Beckham9/29/2003
The defendant was convicted of aggravated assault for pointing a shotgun at Jamie Davis on August 31, 2001. Mr. Davis testified that as he was driving out of the parking lot of the Oil Express, located near K&M;Market in Hardin County, Tennessee, he observed the defendant, his former brother-in-law, gesture toward him with his middle finger. Mr. Davis' pregnant wife and their two-year-old daughter were passengers inside his vehicle. Mr. Davis rolled down his window and asked the defendant "what his problem was." He stated he was unable to hear the defendant's response because the defendant's radio was loud.
Mr. Davis testified the defendant then walked to the bed of his pickup truck and retrieved either a shotgun or a rifle from his toolbox. The defendant placed the gun on his shoulder and aimed it toward Mr. Davis. Mr. Davis stated he was frightened and believed the defendant was going to shoot him. Mr. Davis testified he then drove to City Hall and reported the incident to the police.
Dina Davis, the victim's wife, testified that while she, her husband, and their daughter were exiting the parking lot, she observed the defendant gesture toward her husband with his middle finger. Her husband then rolled down his window and questioned the defendant regarding his reason for making the gesture. Mrs. Davis stated the defendant was "mouthing," but she was unable to hear what he said.
Mrs. Davis testified the defendant retrieved a gun from his toolbox in the bed of his truck. The defendant placed the gun on his shoulder and aimed it toward her husband. Mrs. Davis stated she was a "nervous wreck," and she pushed her daughter down in her car seat, while she ducked down in her seat. She further stated that as they were driving away, she looked out of the window and observed the defendant continuing to point the gun at them.
Officer Kenneth Thompson of the Savannah Police Department testified that after Mr. Davis reported the incident to him, he attempted to locate the defendant. The officer stated he observed the defendant's vehicle parked at Bobby Beckham's garage located near K&M;Market. The officer then observed the defendant coming from the building while holding a gun. Officer Thompson drew his gun on the defendant and ordered him to lay down his weapon. The defendant complied and held up his arms.
Officer Thompson stated the gun in the defendant's possession was a Mossberg twelve-gauge shotgun which was loaded with four rounds, including one round in the chamber. The officer testified that when he questioned the defendant regarding his reason for possessing the loaded weapon, the defendant stated he planned to sell the gun.
Bobby Beckham, the defendant's cousin and owner of Beckham's Garage, testified he observed the defendant at the garage in possession of the gun. He stated that people occasionally sold and purchased guns at the garage.
The defendant testified that on the day of the incident, he had just returned from a hunting trip and was planning to sell his shotgun. He stated that while he was getting gasoline, Mr. Davis drove up and began cursing at him. The defendant testified he may have opened his tool box and retrieved the shotgun. He denied pointing the shotgun at Mr. Davis. The defendant stated that upon returning from the hunting trip, he had unloaded his shotgun and reloaded it after Mr. Davis left.
The jury convicted the defendant of aggravated assault as charged in the indictment, and the trial court sentenced him to five years incarceration as a Range I standard offender.
I. SUFFICIENCY
The defendant contends the evidence is insufficient to support
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