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Robertson v. Commonwealth4/25/2002
NOT TO BE PUBLISHED
MEMORANDUM OPINION OF THE COURT
AFFIRMING
I. INTRODUCTION
A McCracken Circuit Court jury convicted Appellant of murder, KRS 507.020, and recommended the maximum sentence of life imprisonment. The trial court entered judgment in accordance with the jury's recommendation and Appellant thus appeals to this Court as a matter of right. After a review of the record, we affirm the judgment of the McCracken Circuit Court.
II. BACKGROUND
Appellant and his victim, Jewel1 Ray "J.R." Mathis, were regular patrons of Jimbo's Tavern in Paducah, Kentucky. They met through a mutual friend, Teresa Dixon, a bartender at the tavern who also dated Mathis. Appellant and Mathis became friends of a sort, and, because Mathis did not have his own transportation, Appellant often drove Mathis to various places. Mathis paid Appellant for the gasoline used on the trips and also provided Appellant with methamphetamine.
During these trips, Mathis told Appellant about his past. He admitted to shooting two (2) men who got into a disagreement with the bouncer at a strip club that Mathis had once tried to open in Illinois. Mathis told Appellant that he had killed one (1) of the men and had served four (4) years in jail. While on these trips, Appellant also learned that Mathis always carried a gun.
A rift occurred in this friendship after Appellant dropped Mathis off at Dixon's home one day and drove away leaving Mathis stranded because Dixon was not home. A few days later, on November 23, 1998, Appellant was at Jimbo's Tavern where he had been playing pool for beer. Testimony at trial suggested that, on that day, Appellant drank somewhere in the neighborhood of twenty (20) beers and smoked a marijuana cigarette.
When Mathis subsequently arrived at the tavern that day, Appellant apparently desired to patch things up with Mathis. Before he could do so, Mathis patted his side with a motion that, according to Appellant and another witness, was meant to indicate that Mathis was carrying a gun. Later in the afternoon, Appellant and Mathis exited the bar and went into the parking lot where they had a heated discussion. Appellant claims that Mathis threatened him outside. Both men returned to the bar. Appellant then went back outside to his truck and retrieved his gun. He returned to the bar again, and began playing pool.
At some point, Appellant walked away from the pool table and toward Mathis, who was seated near the bar. Appellant claims that Mathis looked at him, then reached behind his jacket, and turned his head toward Dixon. Appellant testified at trial that he believed that Mathis was going to shoot him. Appellant reached for his gun and shot Mathis five (5) times. Appellant put his gun on the bar and ran outside. The police later found Appellant lying unconscious in a ditch behind the tavern and arrested him.
On December 10, 1998, the grand jury indicted Appellant for Mathis's murder. At trial, Appellant claimed to have shot Mathis in protection of his own life. The jury convicted Appellant of murder and sentenced him to life in prison. On appeal, Appellant asserts four (4) separate allegations of error. Specifically, Appellant alleges that the trial court committed reversible error when it: (1) gave instructions allowing the jury to find Appellant guilty of voluntary homicide (intentional murder or first-degree manslaughter) despite evidence of Appellant's intoxication; (2) did not permit Appellant to introduce the testimony of two (2) police officers regarding exculpatory statements Appellant made to them soon after his arrest; and (3) did not permit Appellant to introduce evi
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