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State v. Reed

6/25/2002

de towards his right side, and basically from the front towards the back. So all of the structures that are in the area were affected. The jaw was broken. The maxillary bone, or the cheek bone, was broken. The tongue was lacerated, inside of the mouth was lacerated. The bone that holds the brain, called the base of the skull, was fractured because of the blast of the shotgun wound.


Dr. Deering stated that the victim's blood-alcohol level was .03 grams per deciliter at the time of the autopsy and that the victim's body tested negative for drugs. A copy of the autopsy report was entered into evidence.


Ricky Chandler, an investigator for the Covington Police Department, testified that on March 11, 1997, he was called into the station on his day off to investigate the shooting death of the victim. Investigator Chandler said he was unable to visit the scene but started collecting information from witnesses about the identity of the shooter and what had happened. Between 5:00 and 5:30 p.m. that afternoon, Chandler received a call concerning the shooter's whereabouts. At about 6:00 p.m., he went to the defendant's girlfriend's residence on Gillespie Street. When the police approached her house, the defendant ran out the back door, and the officers were unable to apprehend him. Chandler and other officers searched the area around the house and discovered the car used by the defendant in the shooting. Inside the car, which was located about seventy-five yards from the defendant's girlfriend's house, was a .12 gauge shotgun matching the description of the murder weapon. Chandler identified the shotgun that he recovered from the backseat of the car, and a photograph of the shotgun was entered into evidence. Chandler said he found four unspent rounds of number 5 shot in the weapon, and these four shells were also entered into evidence.


Investigator Chandler further testified that at approximately 11:00 p.m. on March 11, 1997, the defendant's father brought the defendant to the police station. The defendant appeared to be in good physical condition and appeared to be acting normal emotionally. Chandler said the defendant did not appear to be under the influence of any alcohol or drugs at that time. Chandler advised the defendant of his Miranda rights, and the defendant signed an admonition and waiver of rights form at 10:58 p.m. Chandler said the defendant appeared to understand his rights at the time he signed the waiver.


Chandler said the defendant then gave a statement, which was recorded on audiotape. This tape was played to the jury and entered into evidence. In the defendant's taped statement, he admitted shooting the victim on Craig Street:


Chandler: All right Ricky, I want you to go over the circumstances around the situation that happened this evening about . . . right around 5:00 this evening with the incident that happened on Craig Street. Tell me what was going on and what your intentions were and what was going on.


Defendant: He was a drug dealer.


Chandler: So . . . and what happened? Because he was a drug dealer, what did you do?


Defendant: He got shot.


Chandler: Did you shoot him?


Defendant: Yes.


Chandler: What did you shoot him with?


Defendant: A .12 gauge.


Chandler: All right, tell me what happened. What did you do? How did it happen? . . . Were you in your car?


Defendant: I pulled up beside him.


Chandler: Okay. Did you shoot through your, the driver's door or did you shoot through the passenger window?


Defendant: The passenger window.


Chandler: So you pulled up on the driver'

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