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State v. Williams4/17/2002
tion, Smith reported that a "defensive wound" was found on the back of the victim's right arm which was "consistent with any scenario that you can devise in which the back surface of the arm would be presented to the muzzle of the weapon."
Finally, Dr. Smith reported that at the time of death, the victim had a blood alcohol content of .17 percent. Smith testified that a person with a blood alcohol level of .17 would exhibit impairment in his judgment, his reaction time, his gross motor skills, and his vision. He also testified that a person with such a blood alcohol level would experience "some emotion apathy where the effect of alcohol . . . so affect the brain that the person is not easily excited" or may be "withdrawn." Smith reported that the victim's "drug screen was negative."
Gloria Brooks testified that she was the victim's mother. She stated that she went to J.T.'s Lounge immediately after hearing of her son's death and saw her son lying "right at the door" of the lounge. She testified that at the time of her son's death, he was five feet, six inches tall and weighed 165 pounds. Brooks also testified that her son was right-handed.
David Monger testified that he was at a birthday party at a lounge on Elvis Presley Boulevard on the night of the victim's death. He stated that he walked outside of the lounge in the early morning hours to "get a breath of fresh air" and sat down to talk to another male. He testified, " ll of a sudden we heard a gunshot. . . . e looked and turned and saw a fellow . . . shooting the . . . victim down . . . just like he was an animal . . . . And when [the victim] fell, . . . a few more shots were fired." Monger testified that when the victim was shot, he immediately collapsed against a wall with his head down. He recalled that after the victim fell, the shooter "walk around . . . and kept looking at [the victim] . . . like he was picking a place and shooting him." Monger stated that he could hear the shooter talking and "mumbling" to the victim while he was shooting, saying "I told you I was going to get you." Monger recalled that he next heard "a gun click, . . . like if [the shooter] had any more bullets he would waste them . . . . and then [the shooter] just stopped [,] . . . didn't try to hide the gun, . . . walked across the street like nothing had happened . . . ." Monger stated that he then saw the shooter get into a white car with someone else and leave the scene.
Monger testified that he was sitting approximately fifty to sixty feet away from where the shooting occurred. Monger stated that prior to hearing the gunshots, he did not hear or see anything to indicate that the victim and the shooter were arguing. He testified that he knew neither the shooter nor the victim and had never seen either of them before the night of the shooting. Monger further testified that although other people were outside of the lounge, no one was "around [the victim] at the time" he was shot. Finally, Monger stated that he did not see any type of weapon in the victim's possession.
On cross-examination, Monger testified that the lighting at the scene of the crime was not good enough for him to clearly see the shooter. He admitted that he was shocked and frightened at the time of the crime. Monger also testified that he did not witness what happened before hearing the first gunshots or see the victim's hands prior to hearing the first two shots. He testified that when he turned towards the crime scene, the victim was "standing up against the wall . . . and he was just facing [the shooter] . . . . Then after [the shooter] shot [the victim], that's when [the victim] started moving . . . ."
Patrick Mason testified that h
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