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State v. Alexander11/17/2004
ng order. According to Ms. Coleman, Defendant drove toward the police station as fast as he safely could. On the way, they saw a police car coming toward them. Defendant blew his horn and rolled down his window in an attempt to flag down the officer; however, the officer did not stop. Ms. Coleman admitted that Defendant had a cell phone with him, but they did not think to use it to call for help.
Ms. Coleman further testified that when they arrived at the police station, she jumped out of the Suburban before it came to a stop and ran into the police station. She testified that she looked back as she ran and saw Mr. Victorian's car parked right behind Defendant's Suburban. She also testified that she saw Mr. Victorian holding a long object that appeared to be the barrel of a shotgun and that she believed she would be shot as she ran into the station. She yelled for help, as she entered the police station, stating she had a restraining order against her husband and that he was chasing them. She then heard gunshots outside. She estimated that it took her four to five seconds to run inside before she heard the gunshots. Ms. Coleman testified that she thought Defendant had been shot and killed, explaining that she knew her husband owned a gun and believed that he had carried out his threats to kill Defendant.
Defendant does not have a criminal record. He testified that he was terrified because of Mr. Victorian's threats against him and that he drove as quickly as he could toward the police station. He admitted that he did not use his cell phone to call for help, explaining that he was concerned with getting to the police station. On the way to the station, Defendant saw a police officer driving toward him. He tried to lower his electric window and flag the officer down and that he got his hand partially through the opening in the window, but the officer waved and continued driving. He testified that he hoped to have the officer prevent Mr. Victorian from getting out of his car with a weapon and that, if he had planned to harm Mr. Victorian, he would not have tried to flag down an officer.
Officer Virgil West testified that he was on patrol that morning when he saw a gray Suburban at 6:30 on Seventh Street and a blue Oldsmobile Cutlass following it. He testified that he did not notice anything out of the ordinary about the two vehicles. He heard the Suburban's horn blow and saw a hand wave. He waved back, believing it was someone he knew who had a similar vehicle. He could not see inside the vehicle, but remembered seeing a hand inside the window; he did not recall seeing a hand outside the Suburban window.
Within a few seconds of passing Officer West, Defendant arrived at the police station. He testified that Ms. Coleman jumped out of the Suburban, as he was applying his brakes to park, and ran into the police station. He next testified that, as he parked, he reached over and closed the passenger's door, which had not closed when Ms. Coleman exited. Defendant further testified that he saw Mr. Victorian's car behind him when he was about to get out of his Suburban. He then saw Mr. Victorian coming at him with a weapon, which he thought was a shotgun. He testified that he was very scared and nervous and got out of the Suburban with his .40 caliber gun in his hand, intending to run into the police station; however, Mr. Victorian charged at him. He explained that he did not stay in his Suburban because he felt he could be shot through the door. Once out of his Suburban, Defendant testified that he was at the end of his door but unable to get around the door because Mr. Victorian was "right up on" him. At that point, Mr. Victorian was "face to face" with Defendant and made a swingi
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