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State v. Reed6/25/2002
unty Circuit Court on December 2, 1994. The victim was driving the victim's mother's car, and Draine was riding in the passenger seat when they saw the defendant and Billy Grandberry on the afternoon of March 11, 1997. Draine said the defendant was hanging out of the window of his car and pointing a .12 gauge shotgun at them, which they initially thought was a toy gun. Draine described the actions of the defendant and Grandberry:
hey was flagging us down. They had like $10 or something in their hand, and they was flagging, trying to flag us down. And me and [the victim], we stopped on Simonton Street. And when we stopped on Simonton Street, [the defendant] and Billy [Grandberry] pulled up, and he was like, "Give me all your money." And [the victim] just looked at him.
And he was like, "I'm for real." And he pulled the .12 gauge up, and he was like, "I'm for real. Give me all your money," said, "Go to your house and get your money right now."
At that point, Grandberry told them not to listen to the defendant because he was "high" and drunk. Hearing this, the victim did not take the defendant's threats seriously, and they turned onto Craig Street to go home. Draine then described what happened as they approached their house:
A: s soon as we pulled in to park, [the defendant] just pulled up out of nowhere and stuck the .12 gauge out the window and shot.
Q: All right. Now, where were you in the car?
A: On the other side. On the passenger's side.
Q: And [the victim] was the driver?
A: Yeah.
Q: Now, the car that [the defendant] was driving, was it pulling towards you from an opposite direction or did it pull by you?
A: It pulled right up beside us, by us.
Q: All right. So the shotgun would have been put out which window of [the defendant's] car?
A: The passenger's side.
Q: All right. And how many shots were fired?
A: One.
Q: And where did that shot hit?
A: It hit [the victim] in the mouth, right about here.
Q: Okay. Well, what did you do?
A: I ducked. See, I didn't know if he had hit [the victim]. I just heard the shot, you know. When I ducked - I seen him shoot, and I ducked, and [the victim] took off. The car just took off, and it hit the back of my brother's car. And that's when I knew [the victim] had been shot, because the car kept rolling back down the street with [the victim] in it when his foot was still on the gas. And I put the car in gear. [The defendant] didn't pull off - he didn't speed off or anything. He just looked for a second, and then pulled off.
After the shooting, Draine said that he was not able to talk to the victim before he died. Draine left the scene of the shooting but later gave a statement to Investigator Chandler and another officer at the Covington Police Department. Draine said that less than five minutes had elapsed between the time that the defendant first pointed the gun at them on Simonton Street and the time that he shot the victim on Craig Street. The defendant said nothing before or after he shot the victim. After shooting the victim, the defendant waited for a few minutes before slowly driving away. Draine said that the defendant was not out of control that day and was not weaving or driving recklessly.
Dr. Thomas Deering, a forensic pathologist, testified that the cause of the victim's death was a shotgun wound to the head. He described the findings that led him to this conclusion:
In general, it hit on the left side of the face, adjacent to and near the mouth. It went from his left si
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