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State v. Henry

9/29/2004

or the drug task force. The victim's brother had been sent to prison on a drug offense. On cross-examination, the victim admitted that she was upset about her brother being sent to jail and that she blamed the defendant for this happening. However, the victim denied ever telling the defendant's mother that the victim was going to have the defendant sent to prison just like her brother. The victim admitted that she had seen the defendant when he visited her in jail and that she had sent him many letters and cards. The victim was furloughed from jail for twenty-five days when her mother died. During that time, the victim stayed with the defendant.


Officer Justin Quillen of the Kingsport Police also testified at the trial. Officer Quillen stated that on the evening of April, 12, 2002, he responded to a domestic call. He had heard of the defendant and the victim before but had never dealt with them. When he arrived at the Dogwood Terrace Apartments, he heard yelling and was directed to the rear of the apartments. When he arrived at the back of the building, he saw the victim standing inside the fence around the complex and the defendant standing outside the fence around the complex. The victim yelled, "Help, he's got my purse." Office Quillen saw the defendant stand up on the other side of the fence with a dark-colored bag that looked like a purse. The defendant began to run down a hill. Officer Quillen told the defendant to stop, but when he would not stop Officer Quillen jumped the fence and began to chase the defendant. When Officer Quillen reached the bottom of the hill he found the defendant lying face down on his stomach with his hands above his head. The officer straddled him and told him to put his hands behind his back. Officer Quillen had to physically force the defendant's hands behind his back because the defendant was not being coopertive. Another officer arrived and the officers patted down the defendant to check for weapons. The defendant was then placed in a police cruiser. Officer Quillen and another officer, Officer Lane, found the victim's purse in a stream about fifteen yards from where Officer Quillen caught the defendant. Officer Quillen went back to the apartment, and the victim told the officer that the defendant threatened her with an ax handle. Officer Quillen found the ax handle by retracing the defendant's path down the hill. After retrieving the purse and the ax handle, Officer Quillen began taking the victim's statement. While taking this statement, another officer showed Officer Quillen a necklace retrieved from the defendant's mouth. The victim identified the necklace as hers. The other officer handed Officer Quillen a blue pill and an orange pill retrieved from the floorboard of the police cruiser where the defendant was sitting. Officer Quillen returned the purse and the necklace to the victim. Officer Quillen stated that he did not see the three other men that had been mentioned earlier in the trial. The only people he saw were Shandra Wolfe, the victim and the defendant.


On cross-examination, Officer Quillen stated that the first time he saw the defendant was on the other side of the fence. Office Quillen never saw the defendant in possession of the ax handle but found it about twenty to forty yards from where the defendant began to run. The officer drew his gun when he got to the bottom of the hill, but the defendant was already down on the ground.


Agent Phillip Freeze is a forensic scientist with the Tennessee Bureau of Investigation ("TBI"). He specifically works with drug identification and analysis on a daily basis. Agent Freeze received two tablets, an orange tablet and a blue tablet from the officers involved in the defendant's arrest. After analyz

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