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State v. Farrar4/16/2002
m pulled his pickup truck into the parking lot. The victim told the defendant to "take it somewhere else[,]" and the defendant lunged at the victim. West said that the victim grabbed the defendant by the head and that the two "scuffled a little bit[,]" before going down to the ground. When the victim got up, "he was cut." He did not see the victim with anything in his hands, and did not see him fall onto any beer bottles.
West acknowledged that he had been dating the defendant's sister, but denied having told anyone at the parking lot that he wanted "some pussy" from her. He said that both the victim's side and arm were cut when he got up from the ground. He did not see a knife or a beer bottle in the defendant's hands. He testified that he did not try to run anyone over as he drove the victim to the hospital, and that the victim did not threaten anyone at the parking lot or at the home of Roy and Peggy Farrar. He said that no one tried to separate the men. On redirect, he testified that the entire altercation happened too quickly for anyone to intervene.
Dr. Arthur Kent Clark, accepted by the court as an expert in the field of emergency medicine, testified that he was working in the emergency room of the Bedford County Hospital when the victim was brought in for treatment. Dr. Clark said that the victim's major injury was a ten-inch long, "gaping" laceration that started in his mid-back region and extended around into his left flank over his abdomen. He characterized the wound as "deep," stating that it went down to the depth of the victim's ribs, through two layers of muscle and through his interior abdominal wall. The injury appeared to "cut right to" and "then . . . hit the rib[,]" but it did not penetrate the victim's chest or abdominal cavities. Dr. Clark indicated, however, that the victim only narrowly missed having those cavities penetrated and the attendant risk of damage to his lung and spleen by the weapon's having hit his rib, rather than striking either above or below the rib. The victim's major wound was closed in three layers, with a total of 60 to 70 dissolving sutures placed in the layers of muscle and subcutaneous fat beneath the skin, and 65 to 70 staples placed in the skin. His second wound was a four- to five-inch superficial laceration across the deltoid area of his left upper arm, which was closed with skin closure bandages. The victim suffered a moderate loss of about a pint of blood from his injuries. The victim's blood-alcohol level, measured at 11:40 p.m., was "166 mg/dl. [milligrams per deciliter]" or about one and a half times the "legal limit for driving purposes."
Five witnesses testified on the defendant's behalf, all of whom were related, in one way or another, to both the defendant and the victim. Terry Wayne Farrar testified that he was riding in a car past the tire shop with the defendant, Eldie Farrar, Thomas Farrar, and Steve Farrar when Chad West, who was standing shirtless in the parking lot, "hollered" for them to stop. When they pulled into the lot, West, who had a beer in his hand and appeared to be intoxicated, "got up in face" and started cursing him. The defendant asked West what his problem was, to which West replied that it was none of the defendant's business, and that the defendant should tell his sister that West wanted "some more pussy from her." The defendant told West that he should not be saying that, and West called the defendant a "bitch." The defendant reacted by hitting West in the lip. Next, the victim pulled up in his truck, and West told him that the defendant had hit him. The victim told West that he needed to "straighten business[,]" but West just said, "No, fuck that bitch. I ain't got nothing else to say to him." Wes
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