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State v. Hawkins11/4/2005
d the victim's head. Initially, officers believed that the injuries were possibly attributable to a gunshot wound to the head. While examining the scene, Sergeant Parker noticed that the camper's window had been broken. Officers looked inside the window but did not open the door to or go inside the camper.
Detective Reese Christian testified that at 10:00 a.m. on April 21, 2002, he arrived at the crime scene. Upon his arrival, he observed a small, white camper approximately fifteen feet long sitting on blocks. The camper was located just off Devault Bridge Road down an embankment. The camper was located between 100 and 150 feet from the victim's father's house and was about fifty feet off the roadway. Detective Christian said that the camper was approximately 700 feet from Muddy Creek Missionary Baptist Church. There was a field between the church and the highway area.
Detective Christian saw the victim's body lying about three or four feet from the camper on a piece of plywood or pressed board, and two overturned chairs were next to the body. The victim was lying on his back with his arms down by his side. Detective Christian noticed that there were massive injuries to the victim's head. There was a significant amount of blood around the head and the top of the body. Additionally, there was blood on the victim's pants and socks. The victim was missing a couple of teeth which were found on the plywood, next to his body. Detective Christian said he found blood on the back of the camper from the top to the bottom, on the ground around the victim's body, and on a small grill. He also found bloody shoe prints on the plywood. Detective Christian went inside the camper and noticed that the portable television was still on.
Detective Christian said a hewn tree limb measuring about fifty-two inches long was found in the woods about ninety-five feet from the victim's body. From the midpoint to the end of the limb, the limb was marked with blood, hair, and brain matter. Believing the victim had been shot, the investigators searched the area for a gun, but no gun was found.
Detective Christian testified that at approximately lunch time on April 22, 2002, two days prior to the appellant's arrest, he interviewed the appellant. Detective Christian noted that during the interview, the appellant was cooperative, friendly, coherent, and was not under the influence of an intoxicant. During the interview, the appellant told Detective Christian that he and the victim had been friends since childhood. He acknowledged that he and the victim had fought in the past but said they had remained friends. The appellant told Detective Christian that in January or February 2002, he saw the victim at Booher's house. After staying and drinking for a while, the appellant went home, and, ten minutes later, one of Booher's daughters called the appellant saying that the victim was trying to "mess with" Booher. The appellant called the Bristol Police Department. Police responded to the call and arrested the victim for an outstanding child support warrant. Shortly after the victim was incarcerated, the appellant was arrested and jailed for driving under the influence (DUI). The appellant said that the last time he saw the victim was during their mutual incarceration. The appellant recalled that he was released from jail around March 29, 2002, and that the victim had been released about a month prior to the appellant's release.
The appellant told Detective Christian that the victim had a problem with alcohol, and he became obnoxious and mean when he drank. As a result, the victim made many people angry. Specifically, the appellant recalled that the victim had problems with Smitty or Dennis Smith
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