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State v. Alexander11/17/2004
ng motion with the weapon in his hand. Defendant explained that he backed into the doorway of the Suburban then stopped, turned, and fired in a split second because Mr. Victorian continued toward him. He did not know that Mr. Victorian had been hit because he continued advancing toward him, and he shot two more times. Defendant knew then that Mr. Victorian had been hit because he stopped and stood in front of him. He pushed Mr. Victorian to the side and went around him to go into the police station. As he walked to the police station door, Defendant saw Mr. Victorian fall to the ground and the stick fall and roll away from him. Defendant testified that throughout these events he was afraid for his life.
Oakdale Police Officer Laticia Alidia Reese testified that she was working at the police station when the shooting occurred. She testified that around 6:30 a.m. Ms. Coleman entered the front door of the police station, hurried through the waiting room, and approached her at the dispatcher's office. She described Ms. Coleman as very excited, panicky, and hysterical. She testified that Ms. Coleman stated: "There's a man outside that we have a restraining order against." Officer Reese testified that two seconds later she heard three gunshots fired in rapid succession. In her incident report prepared the day of the shooting, Officer Reese stated that she heard gunshots immediately after Ms. Coleman stated there was a man outside. Officer Reese testified that Defendant told them, "He was chasing me with a stick. He was coming at me with a stick."
Oakdale Police Officer Laura "Penny" Kirklin was also at the station the morning of the shooting. She testified that she heard the gunshots from her office and described the cadence of shots as "pow, pow, pow." She left her office and went to the lobby where she saw Defendant and Ms. Coleman. She described Ms. Coleman as screaming, hollering, and crying. She testified that she believed Ms. Coleman was really afraid. Officer Kirklin also spoke with Defendant and described him as nervous or upset.
Oakdale Police dispatcher Charlene Vickers Hutchins testified that she heard "what appeared to be tire squealing like someone slamming on the brakes" and loud voices outside the station shortly before the shooting. Defendant testified that he believed the sound described by Officer Hutchins was Mr. Victorian jamming his car into "Park" as he pulled into the parking lot, which may explain Mr. Victorian's speed in exiting his vehicle and charging Defendant. Officer Hutchins further testified that, after she heard the gunshots, she opened the door of the police station and saw a black man within a foot or two of the door with a gun in his hand. He was pointing the gun and looking toward the parking lot. She told him to give her the gun; he said "he's got a pipe" or "he was after me with a pipe." She again told him to give her the gun, and he did. Officer Hutchins described Defendant as nervous, scared, and trying to get away from Mr. Victorian.
The evidence established that Mr. Victorian parked his car at an angle behind Defendant's Suburban such that it would have been impossible for Defendant to back out of his parking space and that he was within two or three feet of Defendant when he was shot. Officer Reese testified that the driver's door of the Suburban was open and that Mr. Victorian was lying on his stomach diagonally between the open door and the interior of the Suburban, about one foot from the Suburban. She testified that a long wooden stick with gray tape on it was on the ground about two feet from the Suburban's driver's side rear tire. The stick was parallel to Mr. Victorian's body, about two to three feet from him. According to Offi
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