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People v. Hughes3/28/2002
. In April, appellant's daughter told her that Curtis J. was keeping a gun in her house, and showed her where it was kept in the closet. When appellant told Curtis J. she wanted the gun "out of my house," Curtis J. threatened to harm her children. On at least one occasion, Curtis J. came to the house, demanded the gun from appellant, and then ran out of the house and down the street with the gun. Appellant heard a gunshot from the street, after which Curtis J. returned to appellant's residence and put the gun under her couch. Curtis J. and the others also stored drugs in appellant's house, against her will and her express request that they not do so. When appellant told Curtis J. and Lewis T. she did not want drugs in her house, they told her they would do what they wanted to do with her residence.
Appellant's first contact with Dorothy Telfor occurred within a month of moving into her residence, after she learned that their daughters had had a fight. The resulting animosity between the two mothers increased when Dorothy's son Curtis J. began using appellant's residence to store his gun and drugs. Dorothy would frequently walk by appellant's residence, taunt appellant with insulting names, and express a desire to fight with her. Sometimes when appellant went to the neighborhood store Dorothy would threaten appellant and throw bottles at her from across the street. In consequence appellant began taking long detours to avoid meeting Dorothy, or send her children to the food store and laundromat.
On May 22, 1997, appellant's daughters and niece left to attend a summer job fair. Appellant had asked them not to leave because Dorothy was outside and she was uncomfortable being left alone. Appellant's window and front door were partially open. Dorothy rang appellant's doorbell, asked if her son was there, and then started verbally abusing appellant. Dorothy left and walked by appellant's open window, calling appellant a "fat bitch." After Dorothy disappeared around the corner, appellant went outside to sweep up some broken glass from the front of her residence. Shortly thereafter, Dorothy returned with her sister Sandra. While appellant was standing inside the partially open security gate, Dorothy hit appellant on the side of the face and said, " ow what you gonna do?" Appellant came out and tried to hit Dorothy. Curtis J. grabbed appellant from behind and held her by the waist. No one restrained Dorothy, who continued to try without success to hit appellant while other people got between the two women. Appellant broke away and ran back into her residence without closing the security gate. She was "scared," but also "upset and mad." However, she denied saying, " ou think I'm messing with you, bitch."
Appellant grabbed the gun from under her couch and returned outside. Appellant denied being inside for five or six minutes, or saying "Bitch, you think I'm playing," or "Bitch, I'm gonna get you" when she came back outside. Appellant went to her half-open security gate holding the gun in her left hand although she was normally right-handed, intending " ust to scare them away from my house" and not to shoot anyone. She was shaking with fear and anger. Standing just inside the security gate and holding onto the gate with her right hand, appellant raised the gun in the air with her left hand without aiming or intending to fire it. According to appellant, the gun "just went off" without her deliberately pulling the trigger. Appellant was surprised to see that Dorothy had been shot; she denied saying "I told you I was gonna get you, bitch." Still scared, appellant went back into her house, threw the gun into the neighboring backyard, and "just sat there" knowing the police would come.
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