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State v. Reed

6/25/2002

s side of his car, going the same direction, then?


Defendant: Yep.


Chandler: You put the shotgun in the driver- passenger window and pulled the trigger?


Defendant: Yes.


Chandler: What did you do after that?


Defendant: I left.


Chandler: Are you on any kind of medication now, Ricky? Do you take any medicine?


Defendant: The medicine's at home.


Chandler: Have you been taking it?


Defendant: Off . . . every now and then.


Chandler: Have you had any today?


Defendant: No.


Chandler: How long has it been since you had any?


Defendant: Probably about two or three days.


Chandler: How come you quit taking it?


Defendant: I don't like taking medicine.


Chandler: What's it for?


Defendant: My nerves and when I got shot and stuff.


After the tape was played for the jury, Chandler testified that during his questioning of the defendant, he recovered six number 5 shot shotgun shells from the defendant's jacket pockets. These six shells were entered into evidence.


Investigator Chandler said that he had been in law enforcement for eleven years, and eight of those eleven years he had focused on drug trafficking. He stated that the victim had never been arrested for dealing drugs by the Covington Police Department.


During cross-examination, Chandler stated that Dwayne Draine's and Corey Dean's names had come up several times when the police department had conducted drug investigations in the past. Chandler also stated that Franklin Williams, Eddie Poindexter, and John Terrell Sales had current drug cases pending against them. Chandler said he first met the defendant when he was arrested for drugs as a juvenile. Chandler next saw the defendant when he was arrested on a felony drug charge. The police department offered the defendant a chance to be a confidential informant so that he could reduce his felony drug charge. Chandler said that the police department used the defendant as an informant only one time:


Q: When you said you "had him hooked up," that was a situation where he was wearing a transmitting device, wired up as an agent; would that be correct?


A: Correct.


Q: And what was it about his remarks that caused you concern for continuing to employ him?


A: Well, after the intended target [Franklin Williams] was a no-show on it, he was riding around, and I was a little piece behind him in my vehicle listening, and he made the remark if I got him a gun, he would go kill Gangster Al.


Q: And who would Gangster Al be?


A: That's a subject, Edison Williams, that we've had some dealings with in the past on drug trafficking.


At that point, I put the blue lights on him, got him out of the car, took the Kel set, which is the transmitting device, off of him. I had given him $60 to make a purchase. I took $40 of that back, let him keep $20 of it for gas money, and told him I didn't need his services anymore.


Chandler said he terminated the defendant's confidential informant services on January 17, 1997. Chandler later talked to the defendant again when the defendant asked to be an informant a second time. Chandler denied his request. During that conversation, the defendant said that if Chandler would get him a weapon, he would kill T.J. Hurt, another drug dealer in the Covington area.


Defense counsel then requested that Chandler's transcription of the defendant's statement be entered into evidence. The court allowed it to be admitted as an e

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