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State v. Hawkins11/4/2005
I. FACTS
State's Proof
On June 26, 2002, the appellant was indicted for the first degree premeditated murder of Roy Vitattoe. At trial, William Vittatoe, the victim's father, testified that his son was thirty-nine years old at the time of his death. Vittatoe stated that on April 21, 2002, he lived on Devault Bridge Road, and the victim lived in a camper at his house. Vittatoe believed that the victim and the appellant were friends.
On Friday, April 19, 2002, between 7:00 a.m. and 8:00 a.m., the victim arrived at Vittatoe's house. At approximately 4:00 p.m., the victim left with his brother, Billy. The following morning, at approximately 7:00 a.m., the victim returned to Vittatoe's house. He had been drinking and was suffering from a hangover. The victim went to his camper to sleep. Later that day, Vittatoe woke the victim and drove him to Evelyn Arthur Neil's house. They arrived at approximately 1:00 p.m. The victim was still ill. The victim told him that Neil would take him home later, so Vittatoe left for work. Vittatoe never saw the victim alive again.
Vittatoe said the victim had the camper for about five years. Vittatoe had never seen a gun in the camper and had never known the victim to own or use a gun.
George Warren, Jr., testified that he had known the victim over twenty years and had been to his camper numerous times. Warren said he had never seen a gun at the victim's camper and had never known the victim to possess a gun.
Evelyn Arthur Neil testified that she and the victim were friends. On April 20, 2002, Neil called Vittatoe and asked him to bring the victim to her house to top some trees in her front yard. At approximately lunch time, Vittatoe brought the victim to Neil's house. Neil said that the victim was sick when he arrived because he had been drinking the previous night. The victim tried to help Neil with the tree work but was unable to do so because of his condition. Neil took the victim back to his father's house later that day at around 9:00 p.m. or 9:20 p.m. Neil maintained that she did not know anyone named Ella Thacker. She denied that Thacker came by her house on April 20, 2002, while the victim was there.
Chasity Lee Gentry testified that she and her husband, Mark Gentry, were friends with the appellant. Mrs. Gentry said on Saturday, April 20, 2002, she picked up the appellant at his house so he could help Mr. Gentry fix the Gentrys' trailer. The trailer was located at Mrs. Gentry's mother's house. The appellant was wearing blue jean shorts, a white shirt, and tennis shoes. When the appellant first got into the vehicle, he told Mrs. Gentry that he had taken some pills. On the way to the trailer, they stopped at a gas station, and the appellant purchased a six-pack of beer. They arrived at the residence shortly after 5:00 p.m. Mr. Gentry was already there, and the appellant helped him work on the Gentrys' trailer. While the appellant was working on the trailer, Mrs. Gentry noticed that the appellant had a cut on the lower part of his leg.
At the same time the appellant and Mr. Gentry were working on the trailer, other people were there, preparing a barbecue. The appellant ate and drank beer. The Gentrys took the appellant home at approximately 9:30 p.m. or 10:00 p.m. because he was getting loud and rowdy, and he had become intoxicated. En route, the appellant asked the Gentrys to take him to the victim's residence. Initially, the Gentrys refused, and the appellant became angry, demanding to be taken to the victim's residence. Ultimately, Mr. Gentry complied. When they passed a church on Devault Bridge Road, the appellant showed them the victim's father's house and told them
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