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State v. Alexander11/17/2004 cer Reese, Mr. Victorian was still breathing when the ambulance arrived and took him to the hospital. Officer Kirklin testified that Mr. Victorian was three to four feet from the driver's side of the Suburban and that the position of the stick was consistent with where she would expect it to be if Mr. Victorian was holding it when he fell. Officer Hutchins testified that she saw Mr. Victorian laying with his head under the open Suburban door. She smelled a very strong odor of alcohol coming from him and from his car. She saw a stick laying against the rear driver-side tire, partially underneath the Suburban, which looked like it rolled there when Mr. Victorian dropped it and fell to the ground.
When Officer West arrived at the scene, he saw Mr. Victorian lying three or four feet from the side of the Suburban. He saw the stick right in front of the rear tire in a position that was consistent with it having fallen from Mr. Victorian's hand when he fell to the ground. He also testified that Mr. Victorian's vehicle smelled like alcohol and that there was a beer bottle in the front console. He placed Defendant under arrest.
Lieutenant Charles Powers testified that he arrived after the shooting, and Mr. Victorian had already been taken to the hospital. He collected the evidence at the scene, which included Defendant's .40 caliber handgun, three spent shell casings, and Mr. Victorian's wooden stick. He searched Defendant's vehicle and found another fully loaded ten-round clip of .40 caliber bullets, and boxes of .40 caliber and .357 Magnum bullets. He also recovered a cell phone from Defendant at the police station. Lieutenant Powers also searched Mr. Victorian's vehicle and found a 22-ounce beer bottle, a prescription bottle of Prozac, and a box of .380 caliber bullets but no weapon. Tests performed on a sample of Mr. Victorian's blood showed that he had a blood alcohol level of .26 milligrams.
A few weeks before the shooting, Carol Craig, another one of Defendant's employees, told him that Mr. Victorian had told her that he was out to get him. Ms. Craig worked part time for Defendant and part time for Centennial Wireless. She testified that Mr. Victorian visited her store to purchase service about two to three weeks before the shooting. When Ms. Craig asked Mr. Victorian how his family was doing, he told her his wife was sleeping with an old "MF" and named Defendant. Mr. Victorian told her that he was going to cripple Defendant for the rest of his life, explaining that he would use an axe handle that he kept in his car. Ms. Craig also testified that Mr. Victorian told her that he had almost gotten Defendant one night outside the hospital, but someone had walked up to Defendant, so he left him alone. Ms. Craig believed Mr. Victorian was serious when he threatened Defendant. She testified that she told Defendant about the threats approximately one week after Mr. Victorian made them because she was scared to work at his office.
The night before the shooting, Mr. Victorian worked the night shift from 6:00 p.m. to 6:00 a.m. at Pine Prairie Correctional Facility. His co-worker, Christopher Scott Paul, testified that during that time Mr. Victorian told him he was married, had a beautiful wife, two beautiful children, and a good marriage until his wife started cheating on him and that Mr. Victorian named Defendant as the man involved with his wife. Mr. Paul further testified that Mr. Victorian told him he wanted to bust Defendant's knee caps with an axe handle wrapped in duct tape to make him suffer. Mr. Paul also testified that Mr. Victorian told him he was going to do something to his wife as well. Mr. Paul testified that he and another co-worker, Charlene Dupre, tried to talk Mr. V
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