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State v. Polston8/19/2004
I. Facts
The Shelby County Grand Jury indicted the Defendant for aggravated assault after he hit a man on the dance floor of a Memphis bar on September 7, 2002. A jury convicted the Defendant of reckless aggravated assault, and the trial court subsequently sentenced the Defendant to two years in the workhouse, a $500.00 fine, and 200 hours of community service. The trial court suspended the sentence, except for sixty days to be served on weekends.
A. Trial
The following evidence was presented at the Defendant's trial. John Blondin, the victim, testified that he is a chief sonar technician with the United States Navy currently living in San Diego, California. The victim testified that he was captain of the Navy volleyball team, which had chosen Millington Naval Base near Memphis as its training camp. He said that, on September 6, 2002, he and several other members of the team went out after the last day of practice. The victim, 42, stated that he went because he felt an obligation "to baby-sit some of my younger players." He testified that he is 5'10" and normally weighs 145 pounds.
The victim said that the group first went to Champions, a bar in Memphis, where he consumed two drinks. The victim stated that the group, which consisted of five team members and three guests, next went to a bar called Flashbacks in a van driven by a designated driver. The victim stated that they went into Flashbacks, walked to the bar area, and picked a table. He said that several people started dancing and that he could not remember anything else that occurred that evening because of the post-concussion syndrome caused by a head injury he sustained that night. The victim said that the last thing that he remembered was sitting at a table in Flashbacks and seeing team members Tim Kraus and Brian Rosemark on the dance floor.
The victim testified that, because of his fractured skull, he suffered a temporary loss of smell and permanent hearing loss in his left ear. He stated that the hearing disability could disqualify him from certification for sea duty. He said that he had experienced painful headaches, including one that prompted a trip to the emergency room, but most of the headaches had gone away a few weeks after the incident. The victim stated that his sight and motor skills were "pretty much back to normal." He testified that his hearing had been checked every year since 1983 as part of standard procedure, and poor test results would prevent him from serving as a sonar operator.
On cross-examination, the victim said that the team had incentive to avoid incidents because the Navy was cutting similar discretionary activities. He stated that he went out on the night of the incident because he felt a responsibility as the oldest member of the team. He testified that Kraus, who was his friend, was approximately 6'5" tall and 280 pounds on the night of the incident. The victim testified that, on the night of the incident, he went with Lieutenant Rosemark and another individual to purchase alcohol at a nearby liquor store. He stated that the five team members were male, and the three guests were female. He said that he purchased drinks for himself and others. He stated that he did not remember what drinks, if any, others purchased. The victim said that he ate some chicken tenders while at Champions. He testified that, if the subsequent Navy investigation determined that the incident was within the line of duty, then the Navy would still cover his benefits. He conceded that being intoxicated and then being part of an altercation might "demean the Navy" and thus result in punishment.
Kathleen Schoettle testified that she is a military police
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