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State v. Alexander11/17/2004
ber handgun.
Ms. Coleman is a licensed practical nurse and worked at Oakdale Community Hospital when she separated from Mr. Victorian. She testified that she left her job at the hospital in March 2001 and began working full time for Defendant because she felt the hospital had become unsafe for her, explaining that Mr. Victorian had threatened her at work. Defendant is a registered nurse anesthetist and owns Oakdale Anesthesia, Inc. He knew Ms. Coleman from her employment at the hospital and hired her to do billing for his business. Ms. Coleman testified that when she began working for Defendant she worked the same hours Mr. Victorian worked, 10:00 p.m. until 6:00 a.m., in an attempt to make herself "invisible" to him. She and Defendant admitted that they had "sexual encounters" after she began working for him in December 2000 but denied having an affair. Ms. Coleman testified that Mr. Victorian had threatened her life on many occasions and had threatened to kill Defendant from January 2001 until the day of the shooting.
Defendant testified that Ms. Coleman told him about Mr. Victorian's threats against him. He also testified that he knew Mr. Victorian had physically attacked Ms. Coleman and that she had obtained a restraining order against him. He testified that he was fearful of Mr. Victorian because of his threats. He admitted that he purchased a .40 caliber handgun on October 27, 2000, but denied purchasing the gun because of Mr. Victorian, explaining that he purchased the gun for personal protection because he often carries a deposit bag to the bank for his business. Ammunition for the .40 caliber gun and for a .452 magnum were found in Defendant's vehicle after the shooting. Defendant testified that he used the ammunition for target practice. Defendant has another gun registered in his name, but it was not in his vehicle during these events.
The night before the shooting, Ms. Coleman worked for Defendant. Defendant testified that he also worked that night and left the hospital at 11:00 p.m. and went to the "call room" for the hospital, which is in the same building as the office in which Ms. Coleman did billing for his office. Defendant further related that, at approximately 6:20 the next morning, he set out to drive Ms. Coleman to her home and that he was then going to the hospital.
As they drove toward her home, Ms. Coleman noticed Mr. Victorian following them and told Defendant. She testified that she was very terrified and believed that Mr. Victorian would carry out his threats to kill her and Defendant and that she relayed her fears to Defendant. She testified that Defendant turned into the hospital parking lot to confirm that Mr. Victorian was following them. They both testified that they hoped Mr. Victorian would drive on. Instead, he followed them into the parking lot, got out of his car, and stood talking and gesturing toward them, but they could not hear what he said.
Shirley Miles, an employee at the hospital, testified that when she arrived for work that morning at about 6:30, she pulled into the front parking lot behind a Suburban (Defendant's vehicle); an old blue car (Mr. Victorian's vehicle) pulled in behind her. When she got out of her car, she noticed the driver of the blue car standing outside his car. Ms. Miles testified that she heard the man say, "Don't run you MF," then the Suburban drove off and the blue car followed it toward town.
Ms. Coleman testified that she told Defendant there was no reason Mr. Victorian should be following them and that she had a restraining order against him. She asked him to take her to the police station because she felt Mr. Victorian needed to be disciplined for violating the restraini
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