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State v. Bush4/14/2004
d the defendant's sawed-off shotgun and that the defendant had a 9mm handgun. He said that the defendant kicked in Mr. Lopez's back door and that everyone went inside the house. He said that the defendant and Tigg went into Mr. Lopez's bedroom and that the two Hispanic men went into another bedroom. He said he followed the defendant and Tigg to Mr. Lopez's bedroom door but then went back outside to the car. He said that while he was outside, he heard a gunshot and returned to the house. He said that the defendant was in the kitchen, that the defendant was pointing a gun at Mr. Lopez, and that Tigg was blocking a little girl from the defendant. He said that the defendant was demanding money but that Mr. Lopez said he did not have any. He said that blood was on the floor and that Mr. Lopez had been shot. He said that he told the defendant to "come on" and that they ran out of the house. He acknowledged talking to the state about his case. He said the state had made no promises in return for his testimony but had told him that it would make favorable recommendations to the trial court if he testified truthfully.
On cross-examination, May testified that he was arrested eight days after the robbery. He said Detective Dan Goodwin interviewed him, and he acknowledged lying to Detective Goodwin during his initial interview, telling the detective that he did not know anything about the crimes. He also acknowledged telling the detective that he did not hear any gunshots during the robbery. He said, though, that he would not lie to the jury. He acknowledged that he was going to plead guilty and that he wanted some leniency from the state and the trial court. He denied that Detective Goodwin told him he would get leniency if he helped convict the defendant. He acknowledged that at a preliminary hearing, Mr. Lopez identified him as the shooter.
Delmiccio Tigg testified that on July 26, 2000, he, the defendant, and Michael May were in the defendant's apartment and talked about robbing Mr. Lopez. He said that it was the defendant's idea to rob Mr. Lopez and that the defendant thought Mr. Lopez would not report the robbery to the police. He said that the three of them and two Hispanic men went to Mr. Lopez's house and that the defendant kicked in the door. He said that he, May, and the defendant wore pantyhose over their heads; that May had the defendant's shotgun; that the defendant had a 9mm pistol; and that one of the Hispanic men also had a 9mm pistol. He said that he and the defendant went into Mr. Lopez's bedroom and that the defendant pointed the pistol at Mr. Lopez. He said that the defendant demanded money but that Mr. Lopez said he did not have any. He said that Mr. Lopez grabbed for the defendant's gun, that the defendant pushed Mr. Lopez away, and that the defendant shot Mr. Lopez in the knee. He said that a little girl was about three to four feet away from Mr. Lopez at the time of the shooting and that he stood between the little girl and the defendant because he did not want her to see what was happening. He said that after the shooting, Michael May came in and pulled the defendant out of the room. He said they all left the home.
Tigg acknowledged knowing a man named Cordell Nelson and said that Nelson was present at the defendant's apartment before the robbery when everyone was talking about robbing Mr. Lopez. He said, though, that Nelson did not participate in the crimes. He said that three or four days after the robbery, he saw Nelson at the defendant's apartment complex. He said that Nelson was sitting in a car, that he ran up to the car and sprayed Nelson with Mace, that he grabbed a bag of drugs off Nelson's lap, and that he ran to the defendant's apartment. He said that when he go
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