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State v. Pyburn8/16/2004
ephone number and address. Keahey contacted the Marion County Sheriff's Department and the paramedics and gave them the appellant's address. She then attempted to telephone the appellant several times, but received a busy signal. After telephoning Moore to ensure that she had the right telephone number, Keahey again telephoned the appellant. Finally, the appellant answered. Keahey asked the appellant if there had been a shooting. The appellant said, " es. . . . Come get my son." The appellant informed Keahey that he had shot the victim in the head with a 30/30 rifle. Keahey testified that the appellant refused to check to determine if the victim was still breathing. Keahey remained on the telephone with the appellant until an officer with the sheriff's department and an ambulance arrived.
Sergeant Billy R. Powell of the Marion County Sheriff's Department testified that at approximately 7:12 p.m. on January 7, 2001, he responded to a call regarding a shooting at a mobile home at the Jesse James Trailer Park. He was the first officer to arrive at the scene. An ambulance arrived shortly thereafter. Sergeant Powell testified that as he walked onto the porch, he observed that the door to the mobile home was open. Sergeant Powell looked inside and observed the appellant "s tting in a chair in the living room area holding on to a portable telephone." Because he was acquainted with the appellant, Sergeant Powell walked inside the residence and asked the appellant what happened. The appellant responded, "I shot him. We been fighting." When Sergeant Powell asked the appellant whom he had shot, the appellant pointed toward a bedroom. In the bedroom, Sergeant Powell observed the victim's body on the floor with what appeared to be a gunshot wound to the head. He also observed a small knife in the victim's hand. When Sergeant Powell returned to the living room, the appellant asked, "Is he dead?" Sergeant Powell replied, "Yeah, he's dead." Sergeant Powell testified that without disturbing the scene, the paramedics confirmed that the victim was deceased.
Sergeant Powell told the appellant to remain seated and went outside to radio for assistance. He then returned to the mobile home and asked the appellant about the weapon used to shoot the victim. The appellant led Sergeant Powell to a small green gun cabinet which contained "a lever action 30-30 rifle." The appellant handed the rifle to Sergeant Powell. In the living room, Sergeant Powell observed a discharged shell casing on the floor. Sergeant Powell told the appellant to sit while he took the rifle to his patrol car. Shortly thereafter, Allan Weeks, an investigator with the district attorney general's office, arrived and Sergeant Powell "turned the [crime] scene over to him." On cross-examination, Sergeant Powell acknowledged that when he arrived at the crime scene, he observed items, such as photographs, cigarette butts, and potting soil, "strewn on the floor."
Officer Kevin Hubbard of the Marion County Sheriff's Department testified that on January 7, 2001, he responded to a call at the residence of Kathy Baggett at the Jesse James Trailer Park. Shortly after Officer Hubbard arrived at the scene, he was asked to transport the appellant to the Grandview Medical Center to obtain a sample of the appellant's blood for blood alcohol analysis. The blood sample was drawn in the presence of Officer Hubbard. After the blood sample was obtained, Officer Hubbard transported the appellant to the Marion County Sheriff's Department and gave the blood sample to Investigator Hargis, who sent the sample to the Tennessee Bureau of Investigation ("TBI") crime laboratory in Nashville for analysis. At trial, the parties stipulated that the results of the blood anal
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