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State v. Polston8/19/2004
officer stationed at Millington Naval Base in Shelby County. She stated that her roommate was organizing events for the volleyball team, and they both accompanied the team to Champions and Flashbacks on the night of the incident. She said that, at Flashbacks, the victim and Tim Kraus danced over on the far side of the dance floor while she stayed on the other side. Schoettle testified that Kraus and a blonde woman collided into each other, and Schoettle did not know who was at fault. She said that she was standing five feet away when the two exchanged words. She stated that Kraus turned away, and the victim turned toward the Defendant, putting his hands up in an "it's okay" gesture. She said that the victim turned away, and the Defendant then struck the victim's face. Schoettle testified that the Defendant "didn't waste much time in the area" and calmly walked out of the building. She said that the victim, who was bleeding, "bounced on the ground" once or twice without standing back up, and he did not go after the Defendant. She stated that another friend wrote down the license plate number of the Defendant's Land Rover. She said that the victim had not made any aggressive moves toward the Defendant before the Defendant struck him.
On cross-examination, Schoettle testified that she was not wearing her uniform when they were in the bar. She said that the dance floor was "dimly lit," and a strobe light was operating. She stated that she had planned to meet her boyfriend at the club. Schoettle said that she could not recall the respective ranks of the volleyball team members. She testified that she had consumed one beer, and she did not know how much alcohol that the victim consumed. She conceded that she had not discussed the victim's hand gesture in three earlier interviews with military and police investigators. She denied that she was told to testify that the victim made a hand gesture. Schoettle said that she did not drink any of the purchased alcohol because she did not like hard liquors. She stated that the area of Flashbacks occupied by the military personnel was not very congested.
On re-direct examination, Schoettle testified that the group had been at Flashbacks for about ten minutes before the incident occurred. Reading from a previous statement, she identified the aggressor as having "light brown hair and blue eyes, approximately five-nine to five-eleven [feet tall], 180 to 190 [pounds]." She said that the entire incident happened within thirty seconds. On re-cross examination, she testified that the victim was not facing the Defendant at the time Kraus bumped into the blonde woman.
Dr. Shelly Timmons, a neurological surgeon, testified that she worked at several Memphis-area hospitals. She stated that the victim had been admitted to the hospital with a head injury and had an abnormal CAT scan. Dr. Timmons testified that the victim had a fracture on the back, left-hand side of his head, and he had some bruising in the right side, temple area of his brain. She stated that he had bleeding along the surface of the brain, and his behavior and neurological examination were consistent with a concussion. She said that the victim was "very confused" and drifted in and out of sleep. She stated that subsequent CAT scans revealed additional bleeding, as was common for this type of injury. Dr. Timmons said that, in a subsequent examination of the victim, he complained of hearing difficulties and headaches. She stated that the loss of hearing could be a side effect of a head injury.
On cross-examination, Dr. Timmons stated that she had no prior relationship with the Navy, and her treatment of the victim resulted solely from an emergency room referral. She said that the victim
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