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State v. Raines4/17/2002
told the victim and Mr. Bates that he was going to drive to his house to get five dollars from his father for gas. At some point between leaving Red Morgan's house and arriving at the defendant's home, Mr. Bates asked the defendant if he could use the defendant's lighter. The defendant responded that he did not have the lighter and that the victim had it. Mr. Bates asked the victim for the lighter, and the victim responded "No, it's my G d * lighter." Although Mr. Bates never heard the defendant ask the victim to return his lighter, the defendant testified that he asked the victim to return his lighter three or four times.
When the men arrived at the defendant's house, the defendant got out of the car and started towards the house. Mr. Bates then got out of the car and followed the defendant to the front door. Mr. Bates testified that the victim remained in the backseat of the car "slumped over on his side not saying much," and appeared drunk. Mr. Bates stood just inside the front door of the defendant's house talking with the defendant's father, Don Raines, while the defendant went to his bedroom. The defendant returned with his pistol and informed his father that the victim had stolen his cigarette lighter and that he was on private property. Mr. Raines told the defendant not to go outside with the gun and offered to buy him another cigarette lighter. Mr. Bates also asked the defendant not to go outside with the gun. However, the defendant indicated that he was going to take care of the situation himself and walked back outside. Mr. Bates followed the defendant outside but remained on the porch.
The defendant testified that he went outside with the gun in order to scare the victim into returning his lighter. He never intended to shoot the victim or even point the gun at him. He went outside with the gun down at his side and walked a few feet off the porch towards his car and stopped. By this time, the victim had gotten out of the car and started walking toward the defendant. The defendant still had not raised the gun or spoken to the victim. When the victim got close enough to see that the defendant had a gun, he said that if the defendant pointed the gun at him, he would kill the defendant. The victim continued to move towards the defendant after making the threat, and the defendant immediately raised the gun and fired a single shot, which hit the victim in the chest. According to Mr. Bates, the victim was visibly drunk and stumbling toward the defendant when the defendant shot him. However, the defendant maintained that the victim was moving toward him quickly in a threatening manner when he shot him. Both the defendant's father and Mr. Bates testified that they would have assisted the defendant if the victim had attacked him. The testimony also revealed that the victim was slightly bigger than the defendant, but that Mr. Bates, the defendant, and the defendant's father were close to the same height and build as the victim.
After the shooting, the defendant told his father to call 911. He then got into his car and told Mr. Bates to get into the car as well. The defendant then drove out of the county and stopped at the homes of two friends. Mr. Bates testified that they passed a police car during the drive and the defendant commented, "Look at them dumb asses trying to catch us." The defendant denied making such a statement. Upon arriving at the first friend's home, the defendant and Mr. Bates learned that the police were looking for the defendant. After talking privately with the occupant of the house, the defendant left for another friend's house. Mr. Bates remained at the first house and asked the occupant of the home to take him to the police station. She complied, and Mr. Bates
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