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State v. Pyburn8/16/2004
nt," during which the appellant struck the victim and ordered him to leave. Baggett stated that she kept a key to the gun cabinet on top of the gun cabinet. The last time Baggett recalled seeing the rifle was when the victim borrowed it for hunting. She was uncertain how many shells were in the rifle because she did not know if the victim had reloaded the weapon. Baggett acknowledged that when she cleaned the bedroom after the shooting, she observed a red "gym type bag" at the foot of the bed. The bag appeared to contain the victim's clothes.
Eunice Kilgore testified at trial that she lived in the Jesse James Trailer Parker near the mobile home belonging to Baggett and the appellant. She related that the victim had stayed at her trailer on two or three occasions, once for approximately three weeks. Kilgore testified that on January 7, 2001, she received a telephone call from Virginia Moore. As a result of that telephone call, Kilgore watched for the appellant and the victim to return home. They arrived while she was talking to Moore. Kilgore testified that as the appellant and the victim walked to their mobile home, she heard what "could have been arguing." Approximately fifteen minutes later, she heard a "bump." Shortly thereafter, the police and an ambulance arrived at the mobile home. Kilgore claimed that she was not interviewed by the police. On cross-examination, Kilgore explained that Moore telephoned her twice that evening. Moore telephoned Kilgore the first time shortly before the appellant and the victim arrived home, then again approximately twenty minutes later prior to the arrival of the police and the ambulance.
Ira Rheal testified that he was married to Alice Rheal. Mr. Rheal testified that on the night of the shooting, the victim called before Mrs. Rheal returned home from work. The victim told Mr. Rheal that "he had to get away from there or he's going to have to kill [the appellant] or [the appellant] was going to have to kill him." The victim asked Mr. Rheal to pick him up at the appellant's mobile home, but Mr. Rheal did not go.
The appellant testified that in the fall of 2000, he lived in the mobile home at the Jesse James Trailer Park with Baggett and her daughter. Prior to Thanksgiving of that year, the appellant had little contact with the victim. However, shortly before Thanksgiving, he asked the victim to live with them. The appellant related that between Thanksgiving and Christmas, he and the victim had several "disagreements." The appellant claimed that although the victim was only eighteen years old when he came to live with them, the victim consumed alcohol regularly, often becoming "mouthy." The appellant asked the victim several times not to drink at home, but the victim refused to stop drinking. The appellant also argued with the victim about the victim's choice of friends and his lack of employment; however, the appellant claimed that he had no influence on the victim. According to the appellant, the victim did nothing but stay out all night. The appellant testified that prior to Christmas, he told the victim to move out of the mobile home. The victim went to live with neighbor Eunice Kilgore, but returned a few days later.
The appellant testified that on January 7, 2001, the victim asked to go to Etna Mountain to shoot the rifle. The appellant told the victim that they would go when the football game ended. The appellant took the rifle from the gun cabinet and placed it behind the door to the mobile home. The victim and the appellant then went to Moore's house where they watched another football game and played pool. Both the victim and the appellant were drinking beer. When they finished playing pool, the appellant watched television wit
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