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State v. Polston8/19/2004
's blood alcohol level was 0.104. She stated that medical reports showed that the victim lost consciousness before reaching her at the hospital, and the medical reports also indicated that he smelled strongly of alcohol.
Dr. Timmons reported that the victim told her about a gas embolism that he suffered from a Navy diving test. The doctor said that the victim informed her that he had to be placed back in a decompression chamber because of nitrogen bubbles in his blood caused by a rapid pressure change. She believed that, although the question was outside her area of expertise, a person could suffer hearing loss from a rapid decompression. She said that she did not have a record for when his decompression incident occurred. She stated that, because the victim lived in another state, she saw him only one time after he left the hospital. She said that she communicated with the victim over the telephone and sent him for a follow-up CAT scan.
Dr. Timmons testified that another doctor performed an MRI on the victim and found that the victim suffered from brain damage as a result of either the trauma of the fall or an unrelated event, such as disease or a systemic disorder. She said that the victim's injuries were similar to those one could sustain in an automobile accident. She stated that the findings did not support any particular mechanism for what injured the victim. She said that, other than the head trauma, the victim had an abrasion to his lip and had sustained little other facial trauma.
Lasondra Price, an officer with the Memphis Police Department, testified that she received a September 7, 2002, call to respond to an incident at Flashbacks. She said that an ambulance transported the victim to the hospital as she interviewed witnesses. She stated that a witness gave her the tag number of someone who had left the scene, and a vehicle check revealed that the car, a Land Rover Discovery, was registered to the Defendant.
On cross-examination, Officer Price said that she interviewed Schoettle, who said that the Defendant and Kraus exchanged words. The officer acknowledged that Schoettle said that the victim began to mediate between the two. Officer Price conceded that Schoettle made no reference to the victim's "placing his hands up." The officer stated that she did not know whether Schoettle had been drinking. Officer Price reported that Schoettle said that the Defendant hit the victim "straight in the face."
Jerry Max Newman testified that he had been an officer with the Memphis Police Department for fifteen years and responded to a September 7, 2002, incident at Flashbacks. He stated that, when he arrived, he saw the victim lying unconscious and non-responsive on the floor. The officer stated that, after questioning witnesses, he suspected a white male "of medium height and weight, who fled the scene after the incident." The officer said that he interviewed Schoettle and Kraus at Flashbacks. Officer Newman said that he and other officers ran a vehicle check on the Defendant at 1:30 a.m. to learn his address.
Paul Wright, Jr., testified that he was an officer with the Memphis Police Department for more than fourteen years, and, at the time of the incident, he was an investigator with the general assignment bureau. He said that he was assigned the case on September 8, 2002. Detective Wright said that he was unable to talk to the victim because of the victim's injuries. The detective said that witnesses Schoettle and Kraus identified the Defendant in a photo spread. Detective Wright stated that he sent a contact letter to the Defendant after being unable to contact him at his address. The detective said that he never took a formal statement fro
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