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State v. Hawkins11/4/2005
because Smith did not like the victim coming to his girlfriend's house. The appellant said that Michael Byers had a "vendetta" against the victim "because of a fight they had before at Boosie Creek for punching Kim Neil, that is Michael Byers' girlfriend." The appellant also told Detective Christian that the Ramsey brothers were angry with the victim. The appellant concluded the interview by saying that he loved the victim like a brother, and he had no reason to harm the victim. After the conclusion of the interview, Detective Christian reduced the appellant's statement to writing, and the appellant signed it. Detective Christian said that, during the interview, he noticed that the appellant had a cut or a scratch on his right shin and a scratch or cut on the top of his right hand. The appellant explained that he injured his leg by falling out of a truck or by stepping from a truck into a mobile home.
Detective Christian interviewed the appellant again on April 24, 2002, shortly after the appellant had been arrested. He said the appellant had been drinking but did not appear to be intoxicated or under the influence of drugs. Detective Christian stated that prior to the interview, he advised the appellant of his Miranda rights. The appellant executed a waiver of his rights, and the interview proceeded.
During the April 24, 2002, interview, the appellant again told Detective Christian about an incident that occurred in February 2002 when the victim was at Booher's apartment, "messing with or bothering" her. The appellant told the victim to leave and when he refused to do so, the appellant called 911. As a result of the call, the victim was taken into custody. The victim was ultimately incarcerated because he owed back child support . The appellant and the victim were incarcerated at the same time, with the victim gaining earlier release. The appellant learned that the victim told some fellow inmates that the appellant was a "snitch," and he would get revenge on the appellant for calling the authorities on him.
The appellant told Detective Christian that after he was released from jail, Booher had informed him that once while she was on medication, the victim's brother came to her apartment and did something to her. Additionally, Booher's daughter told the appellant that she had seen the victim's brother having sex with Booher. The appellant became upset with the victim and his brother for harassing Booher.
Continuing with the interview, the appellant told Detective Christian that on Saturday, April 20, 2002, the day of the victim's death, he had taken about twenty-five Xanax pills and consumed a case and a half of beer. The appellant maintained that he became heavily intoxicated and went to the victim's camper. He said when he knocked on the door, the victim began calling him derogatory names. The victim, armed with a gun, cursed the appellant and hit him on the right wrist. The appellant said when he saw the victim's gun, his "brain went into overdrive," and he picked up a stick to disarm the victim. The appellant vaguely recalled hitting the victim with the stick, believing that he hit the victim in the head when the victim swung the gun. The appellant claimed that he "kind of blacked out and everything happened so fast." The appellant saw the gun on the ground and picked it up. The appellant admitted that he did not check on the status of the victim before leaving. The appellant could not recall what he did with the stick.
The appellant stated that someone had taken him to the victim's residence. When he left the residence, he told them that he and the victim had gotten into a scuffle. The appellant explained that he did not want to "implicate" in the alter
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