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State v. Williams

4/17/2002

scene. He reported that he got into a car with a friend, but stated that the Defendant did not get into the car. Finally, Jacocks denied that the Defendant ever gave him the gun used in the shooting.


On cross-examination, Jacocks admitted that he had been convicted of voluntary manslaughter and of selling cocaine. He also testified that he did not speak to police for four days after the crime. In addition, Jacocks admitted that his testimony had changed since the time of the crime regarding how many men approached the Defendant with the victim immediately prior to the shooting. He stated that although he had previously testified that the victim and two men had approached the Defendant, he testified on direct examination that the victim and four or five men approached the Defendant. However, he maintained that his most recent testimony was correct.


Tony Jefferson testified that he was working as a bouncer at J.T.'s Lounge on the night of the crime. He testified that he did not know the Defendant prior to the night of the crime, but stated that he was friends with the victim. He reported that he helped "break . . . up" the argument that took place between the victim and the Defendant inside J.T.'s Lounge prior to the shooting. Jefferson recalled that after the argument, the Defendant left the area where they had been standing. He testified that he then heard the victim tell another male named Darryl that he was "going to go out there and go slap [the Defendant] like he's a whore." Jefferson maintained that he told the victim to "leave it alone," and the victim promised that he would. However, he stated that the victim ignored his advice and again approached the Defendant. According to Jefferson, Darryl told the victim that Darryl had a gun, and "that's what triggered it all."


Jefferson recalled that the Defendant was standing outside of the club when the victim approached him. He stated that the victim asked Darryl to "pass him" the gun, but "Darryl ran off." Jefferson was unsure whether Darryl left before or after the Defendant began shooting. Jefferson stated that he heard only one shot before reentering the club for protection.


Jefferson admitted that he was incarcerated at the time of trial, serving a sentence for assault. He further admitted on cross-examination that he had been convicted of aggravated burglary, unlawful possession of cocaine with intent to sell, and unlawful possession of marijuana with intent to sell. In addition, Jefferson testified that Marcus Jacocks had driven him to and from court on previous occasions, but he denied that they had discussed the Defendant's case. Jefferson also stated that the Defendant's family members had visited him in jail and asked him to testify. Finally, Jefferson testified that he was legally blind.


The Defendant testified on his own behalf at trial. He stated that he was fifteen years old at the time of the crime. He recalled that his mother had been placed in a mental institution prior to the crime, and he stated that he was living with various relatives during the time surrounding the crime. The Defendant testified that on the night of the crime, he, Marcus Jacocks, and two other males arrived at J.T.'s Lounge at approximately 11:30 p.m., and he and Jacocks performed on stage approximately an hour and a half after their arrival.


The Defendant testified that after the performance, he began to casually converse with a young woman who had complimented him on his performance. The Defendant testified that while he was talking to the woman, the victim, whom he did not know, approached him and asked, "What do you think you're doing, I'm sitting there?" The Defendant stated that he responded, "I

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