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State v. Bush4/14/2004
t to the apartment, he took some of the drugs out of the bag and got into bed. He said that Nelson came to the apartment, took back the bag of drugs, and took the 9mm pistol that the defendant had used on July 26. He said the defendant decided to accuse Nelson of shooting Mr. Lopez because Nelson now had the 9mm pistol. He said that when he was arrested, he told Detective Goodwin that Cordell Nelson participated in the robbery and shot Mr. Lopez. He said that he later told the detective the truth about the defendant's shooting Mr. Lopez. He said that he was charged with the same crimes as the defendant and that the state had not promised him anything in return for his testimony. He said, though, that he expected the state to make favorable recommendations to the trial court. On cross-examination, he said that he had talked to the prosecutor about pleading guilty and that his case had not been set for trial. The state later proved through a deputy court clerk that both May's and Tigg's cases had been set for trial the same date as the defendant's trial.
Lavondis Cordell Nelson testified that he and some other men used to gather in an apartment at the Bell-Aire Apartment complex. He said that on the day of the robbery, the defendant, May, and Tigg were in the apartment and said they had to go somewhere. He said that they did not tell him where they were going but that they were wearing dark clothing. He said that when they returned, two of them talked about what had happened and that May was carrying a shotgun. He said that a couple of days later, he had an ounce of cocaine in a bag and was sitting in a car in the apartment complex. He said that he was waiting to make a drug sale and that the bag of cocaine was on his lap. He said that someone came around the back of the car, opened the door, sprayed Mace inside, grabbed the bag, and ran. He said that he did not see the man but later learned it was Delmiccio Tigg. He said that the defendant gave him the defendant's 9mm pistol, that he went to an apartment, and that he found Tigg in bed and pretending to be asleep. He said that he confronted Tigg and took back the bag of cocaine but that some of the cocaine was missing. He said that Detective Goodwin later questioned him about the robbery and that he told Detective Goodwin the defendant gave him the gun. On cross-examination, Nelson testified that he used to be a drug dealer but that he always tried to tell the truth. He said that the defendant wanted the 9mm pistol back but that he would not give it to the defendant.
Officer Tracy Mansfield of the Murfreesboro Police Department testified that on July 30, 2000, he heard a request over his police radio for police to stop a maroon Chevrolet Astro van. He said that he saw the van, stopped it, and that the defendant and Tigg were inside. He said that a shotgun also was in the van and that he gave the gun to Officer Jason Higgens.
Detective Dan Goodwin of the Rutherford County Sheriff's Department testified that he was dispatched to Mr. Lopez's home on July 26 and investigated the robbery. He said that according to witnesses, five men wearing gloves and dark clothing came into the house. The men were carrying guns and took two wallets, one from Angel Lopez-Moralez and one from Joaquin Martinez-Abacian. He said that an officer found Mr. Martinez-Abacian's wallet in the front bedroom, that the wallet appeared to have been dropped during the robbery, and that no money was missing from it. He said that an officer also found Mr. Lopez-Moralez's wallet. He said that the door to the home had been kicked open and that a large bloodstain was on the living room couch. He said that he interviewed Delmiccio Tigg on July 30 and August 2, 2000. He said that
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