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State v. Williams4/17/2002
didn't know you were sitting there, man." The Defendant testified that he soon got up, but he claimed that when he did, the victim passed him and bumped his leg. According to the Defendant, he asked the victim, "What's up man?" and the victim responded, "What's up with you, whore ass boy?" The Defendant stated that at this point, he and the victim began to argue. He recalled that the victim's friends eventually stepped between them, although he claimed that after they were separated, the victim was "still talking crazy and throwing mean threats." The Defendant maintained that the victim threatened to kill him, and he testified that he believed the victim was serious. He stated that Marcus Jacocks then advised him to leave and began to "pull " him out of the club.
The Defendant testified that after they exited the club, Jacocks would not let him back inside to find his friend, Brian Adams, so he waited outside the door. He stated that the victim, however, again approached him outside of the club with two of his friends. According the Defendant, the victim asked him, "What's . . . that shit you got to say to me?" He stated that he responded, "Go on, I don't want no trouble." The Defendant testified that the victim then said, "I told your mother-f__king ass; what's up now? I ain't no sucker." He testified that he interpreted this to be very confrontational and threatening, and he stated that he was frightened. The Defendant reported that the victim next said, "I'll kill you. I'll kill your mother-f__king ass" and reached towards his friend for a pistol, saying, "Give me a tone so I can kill this bitch." The Defendant testified that he saw the friend "raise his shirt up," and, believing that his life was in danger, the Defendant pulled his .38 caliber pistol and began to fire the gun. When asked what passed through his mind immediately before he began to fire, the Defendant responded, "Living. . . . Surviving."
The Defendant testified that he could not remember how many shots he fired. He stated that after he killed the victim, "the first thing that came to mind was God forgive ." After shooting the victim, the Defendant looked for his cousin and saw him running across the street with another male to a car. The Defendant testified that he asked them for "a ride," but they refused to let him into the car, fearing that they would be named accomplices in the homicide. The Defendant testified that he therefore began running from the scene.
On cross-examination, the Defendant testified that he had obtained his gun about three months prior to the murder. He stated that he did not carry it everyday, but only "where knew it would probably be hostility." He testified that he placed the loaded gun into a pocket in his briefs inside his pants prior to going to J.T.'s Lounge on the night of the crime. The Defendant testified that as he ran from the scene, the gun fell out of his pants pocket, where he had placed it after the shooting. The Defendant claimed that he "turned [himself] in" after the crime, but stated that he spoke to an attorney before making a statement to police. Finally, the Defendant admitted that he "passed words" with the victim during their argument prior to the shooting.
Dr. Allen Overton Battle, a clinical psychologist, testified that he first evaluated the Defendant in September 1991, when the Defendant was fifteen years old. He stated that his first evaluation of the Defendant, performed at the Juvenile Court detention center immediately after the crime, established that the Defendant had a mental age of eleven years old and an intelligence quotient (I.Q.) of 77, placing him in the borderline range of mental retardation. He testified that a person with the
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