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State v. Williams4/17/2002
rapid succession. He stated that he did not hear any statements during the shooting, but he recalled that after the shooting, he heard a male who was with the shooter say to the shooter, "You done killed the son of a bitch. Let's go." Hayden testified that the shooter, the male who spoke to the shooter, and a third male then left the scene. He reported that the three men ran to a car, and two of them got into the car. Hayden testified, however, that the shooter "passed the pistol" to the passenger in the car and "took off running." Hayden identified the shooter as the Defendant.
The Defendant called several witnesses in his defense. Marcus Jacocks testified that he was the Defendant's cousin. He stated that on the night of the crime, he, the Defendant, and a man named Brian Adams drove to J.T.'s Lounge to perform in a "rap-show concert." He recalled that they arrived at between 10:00 and 11:00 p.m. and that they went on stage at approximately 1:30 a.m. Jacocks testified that after their performance, they "started to mix and mingle around the bar," and the Defendant began talking to a young woman. Jacocks recalled that after the Defendant and the woman conversed for a few minutes, the victim approached them. According to Jacocks, the victim "introduced himself with . . . bad language towards" the Defendant and stated that the woman with whom the Defendant was conversing was "with ." The conversation quickly escalated into an argument, with the victim and the Defendant "exchanging words" and using profanity, until Jacocks and a man who was with the victim separated the victim and the Defendant. Jacocks testified that after the argument, he and the Defendant left the area where they had been standing and walked to the other side of the club.
However, according to Jacocks, the victim followed them and again confronted the Defendant. Jacocks stated that the victim began to threaten the Defendant, saying, "I'm going to blow your ass off, man." Jacocks reported that he again separated the two men and told the Defendant, "It's time to go, man. He's talking about killing you." Jacocks testified that he and the Defendant then left the club and began to look for Brian Adams, from whom they had become separated. When they were unable to locate Adams, they waited outside the club.
Jacocks testified that while they waited, the victim and four or five other men approached them "from around the corner of the building[,]" and the victim said, "There those mother f__ckers go right there." Jacocks stated that the victim then asked the Defendant, "What's that sh_t you got to say to me?" Jacocks reported that at this point, "everybody started to walk off because they knew something was fixing to happen." According to Jacocks, the victim began making "death threats" towards the Defendant; Jacocks testified that the victim reached for a gun that was in his friend's possession and said, "Give me this thing so I can kill the bitch." However, Jacocks stated that although the victim "made a motion for a the gun," he did not see the victim actually obtain the gun because immediately after the victim made the statement, the Defendant "pulled his gun out" and began firing. Jacocks recalled that when the Defendant began to fire the gun, everyone who was standing outside "scattered." Jacocks reported that he told the Defendant, "Don't shoot him." He testified that the Defendant fired a total of six shots from his revolver, never saying a word, and he recalled that the Defendant continued trying to fire the gun after all of the bullets were spent. He described the Defendant as being "in a daze" and stated that the Defendant "had just lost it." Jacocks testified that the Defendant then "stepped back," and they left the
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