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State v. Farrar4/16/2002
t then turned to walk away. The defendant walked around the truck and hit West in the lip again, saying, "Do you still think I'm a bitch?" At that point, the victim grabbed the defendant by the throat and started hitting his head against the side of the truck, saying "I'm going to kill you off my lot. Do you understand me?"
The witness testified that the altercation lasted about twenty minutes, and that the victim refused to stop even as he and Eldie Farrar attempted to intervene. He said that the two men fell down and stayed on the ground for "2 or 3 minutes, maybe" before he saw the victim get back up. The "next thing kn w," the victim ran out into the road and "fell out in the middle of the road backwards." He did not see anything in the defendant's hands, and did not see anyone with a knife. He testified that West tried to run them over as he drove himself and the victim from the parking lot, and that he later appeared with the victim at Roy and Peggy Farrar's house, where the victim, who was acting "crazy," told Roy and Peggy Farrar that he was going to kill their son because the "son of a bitch" had cut him.
The witness testified on cross-examination that the defendant knocked a beer bottle out of West's hands before he struck him in the lip, and that the defendant and the victim fell to the ground in the vicinity of the broken bottle. He estimated that the victim slammed the defendant's head into the side of the truck " bout 10 or 12 times, maybe even more[,]" and testified that the victim threatened both him and Eldie Farrar when they attempted to break up the fight. He admitted that he had been convicted of theft of property over $1000 but under $10,000; felonious possession of marijuana; evading arrest; theft of property over $500 but less than $1000; and felony failure to appear.
Thomas Paul ("Peanut") Farrar testified that the altercation started with Chad West telling the defendant that he wanted "some pussy" from the defendant's sister. The defendant let West know that he took exception to the remark, and West called the defendant a "bitch." The defendant reacted by hitting West. Shortly thereafter, the victim arrived, and West told him that the defendant had hit him. Saying, "It's my parking lot," the victim ran up, grabbed the defendant from behind, and told him, "If you don't get out of my parking lot, I'll kill you." After that, the only thing that the witness could see was everyone running forward trying to break up the fight. He testified that he was present at Roy and Peggy Farrar's house later in the evening when the victim and Chad West arrived, and that he did not hear anyone make "what you call threats or nothing."
The witness began his cross-examination testimony by bragging that " very day is a drinking day for me" and stating that he had already consumed two pints of whiskey that morning before court. Much of the rest of his testimony followed a similar vein, as the following exchange reveals:
A: Well, to answer that question: I only weigh about 179 pounds, and I can drink 4 cases of beer with myself, and I can kill 3 bottles, a fifth, by myself.
Q: All right. 3 fifths of whiskey. So we're not talking about pints anymore; we're talking about --a fifth is a pretty good-sized bottle?
A: I told you I drank 3 fifths of whiskey that day --I mean any day.
Q: And then on top of that, possibly a case of beer?
A: No, about three or four cases.
Q: In a day?
A: Yes, sir. You buy it; I'll prove it.
Q: Well, we're not -- this is not a fraternity pledge party here -
A: Well, I'm just trying to tell you: Don't put words in m
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