 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Pyburn8/16/2004
ysis revealed that at the time of the offense, the appellant had a blood alcohol content of .13 percent. The results also revealed the presence of the substance Butalbital in the appellant's blood.
Allan Weeks, the investigator with the district attorney general's office, assisted in the investigation of the shooting death of the victim. Weeks testified that when he arrived at the crime scene at approximately 7:30 p.m., he observed the appellant sitting in a chair in the living room. Weeks asked another officer to place the appellant in a patrol car. Upon being advised of the circumstances surrounding the offense, Weeks advised the officers that the crime scene needed to be secured. Thereafter, Weeks photographed and made a diagram of the interior of the mobile home.
Weeks testified that a live round of ammunition was discovered on the floor in the bedroom in which the gun cabinet was located. An empty hull was discovered on the floor in the living room. In the bedroom in which the victim's body was discovered, a portion of the window blinds was missing where a bullet had struck the blinds. A bullet fragment was discovered on the floor beneath the window. Additional fragments were discovered embedded in the wall behind the bed. The bullet fragments were taken into evidence.
Weeks further testified that the victim's body was lying on the floor between the foot of the bed and the bathroom. " small straight blade . . . type knife" was discovered in the victim's left hand, and a sheath was discovered on the bed. " ed stains [that Weeks] presume to be blood" were discovered on a bathroom door near the victim's body. Weeks also observed a "red substance" on the window blinds. Weeks testified that he did not discover any "red type spatters" in the hallway. Weeks further testified that he observed "a substance" on the bed. On cross-examination, Weeks conceded that no samples of these substances were collected or submitted for analysis.
TBI Special Agent Dan Royce, a forensic scientist specialized in firearm identification, testified that in the instant case he received several items for firearm identification and comparison. Agent Royce received a rifle which he identified as a Winchester Model 94 30/30 lever action rifle. He explained that the rifle was operated by pulling a lever "down and forward," which action loaded a live round into the chamber and "cocked" the weapon. Agent Royce further explained that the rifle had several safety mechanisms. According to Agent Royce, in order to fire the weapon, the hammer had to be "cocked" manually, and the lever had to be pulled into position "against the stock."
Agent Royce testified that an expended Winchester 30/30 shell casing was submitted for identification. He compared the casing to test bullets fired from the rifle. Upon comparison, Agent Royce determined that the casing "had been fired in this rifle." Agent Royce also received two bullet fragments removed from a bedroom wall, one bullet fragment found at the base of the wall behind the bed, and several bullet fragments recovered from the victim's brain. However, only the fragment of "the copper bullet jacket" removed from the bedroom wall proved valuable for comparison. Upon comparison, Agent Royce determined that "the copper bullet jacket . . . had, indeed, been fired through the barrel of this rifle." Agent Royce explained that the bullet was a "170 grain power point [which] is a soft point cartridge . . . [with] exposed lead at the nose for the purpose of expanding when it strikes a target."
TBI Special Agent Oakley McKinney, a forensic scientist specialized in latent prints, testified that he was asked to process the knife discovered in the
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|