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State v. Hawkins11/4/2005
to turn the van around. The appellant then got out in front of the victim's camper. The camper was very dark except for the light from a television set. The appellant instructed the Gentrys to wait at the nearby church.
After approximately five minutes, the appellant, who was shirtless and out of breath, returned to the Gentrys' van. Mrs. Gentry noticed that the appellant had blood on his face, and, when she asked him about it, he told her that he and the victim had gotten into a fight. The appellant also told her that he had left the victim for dead. He described the scene as "gruesome as hell," and he said that he was glad she and Mr. Gentry did not see it. She said the appellant was different when he returned to the van, saying he seemed very angry and kept changing topics during his conversation. The appellant told the Gentrys that the victim and his brother "had done something to April [Jackson Booher] in front of her children."
At the appellant's direction, the Gentrys drove him to a gas station in Johnson City. At the gas station, Mrs. Gentry got out of the vehicle to use the restroom. She saw the appellant throw something in a dumpster and noticed that he was no longer wearing his socks or shoes. As they were leaving the gas station, she saw that the appellant had blood on his arm and all over his shorts.
The appellant then asked the Gentrys to take him to the house of his sister, Judy Garrett. The Gentrys left the appellant at Garrett's close to midnight. After leaving the appellant, Mr. and Mrs. Gentry went to Larry Swift's house where they were living temporarily while the work was being completed on their trailer. She said the appellant knew where they lived and knew their telephone number. Neither she nor her husband had any contact with the appellant the following day, Sunday, but Mr. Gentry talked to him by telephone on Monday. Mrs. Gentry recognized the appellant's voice, but she was unable to hear what he was saying. Mrs. Gentry said that the appellant called several times that day. She knew the appellant was the caller because the Swift's telephone was equipped with a caller identification device. She recognized the incoming number as the appellant's.
The appellant called Mr. Gentry again on Tuesday, April 23, 2002. After the call, Mr. and Mrs. Gentry went to April Jackson Booher's house to pick up the appellant. Mrs. Gentry said that Booher was a friend of the appellant's, explaining that she believed that Booher was the "April" that the appellant had been talking about on Saturday night.
When the Gentrys arrived at Booher's residence, the appellant asked them to take him to Garrett's house so he could get the shorts he had left there. During the drive, the appellant told the Gentrys that he thought they had been talking to police, and he believed that "he was going to have to come after us with a gun." The appellant instructed the Gentrys that if they were questioned by the police, they should say that on the night the victim died, they picked the appellant up to work on the trailer, then they went down by the river to smoke marijuana before taking the appellant to his sister's house.
When they arrived at Garrett's, the appellant went inside to get his shorts. The appellant looked for ten to fifteen minutes, but he could not find them. At that point, the Gentrys took the appellant back to Booher's residence.
Judy Garrett, the appellant's sister, testified that on April 21, 2002, she lived in Bluff City. At approximately 1:00 a.m. on April 21, 2002, the appellant called her and asked permission to spend the night at her house. He arrived a few minutes later accompanied by the Gentrys. Shortly after the appel
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