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State v. Hawkins11/4/2005
h the head braced on the ground."
Dr. Stephens said the victim also had two injuries to his back, one of which she described as a "prod." She explained that "instead of the long part of the weapon hitting the skin there it looks as though an end of the weapon, probably the big end from the pattern of the injury, has been used to poke him hard." She said that blow was inflicted while the victim had his back turned and could have been forceful enough to knock him to the ground. She found a defensive wound on the back of the victim's right wrist. The victim also had a "two slat or two edge type abrasion, something like the edge of a door screen, aluminum door screen" and had suffered a "chopping blow" to the left shoulder which resulted in a dislocation of the acromio-clavicular joint. According to Dr. Stephens, the victim did not have any injuries consistent with a fistfight with another person. Dr. Stephens said she had only seen injuries of this magnitude "from things like motor car crashes, semi crashes and air crashes."
Defense Proof
Ten-year-old Diamond Booher, April Jackson Booher's daughter, testified that one night approximately two years prior to trial, the appellant and the victim came to her house. After visiting for a while, the appellant left, but the victim remained. Diamond saw the victim put some pills in her mother's drink. Diamond recalled that after her mother consumed some of the drink, she began stumbling, ultimately going into a bedroom to lay down on a bed with Diamond and her sister. The victim came into the bedroom and started "jumping" on them. The "jumping" aggravated Diamond's asthma. Diamond then called her aunt, Eve, to get the appellant's telephone number. After getting the telephone number, Diamond called the appellant and told him that the victim was jumping on them. At the appellant's request, Diamond told him their address. Subsequently, the police came to her house and took the victim away.
Eve Mary Griffin Jackson, April Jackson Booher's sister, testified that in 2002 she lived on Volunteer Parkway near her sister and the appellant. She stated that on one evening in 2002, she had been to dinner with her parents. Upon returning home, she checked her messages and discovered that Diamond had called her repeatedly. Jackson returned Diamond's call, and, soon thereafter, she went to Booher's house. Booher was incoherent and had trouble moving. Police were also at Booher's house, and they arrested the victim.
Jackson said that she and the appellant had been friends for five years, and the appellant was also best friends with her sister. From the time the appellant was released from jail in March 2002 to the time of the victim's death, she never heard the appellant express any animosity toward the victim or threaten to hurt him. At approximately 4:00 p.m. on Saturday, April 20, 2002, Jackson visited the appellant at his trailer. The appellant had been drinking and had taken some Clonapin pills, and he was preparing to go with the Gentrys to a cookout.
The following morning at approximately 1:30 a.m. or 2:00 a.m., the appellant called Jackson. She had difficulty understanding what the appellant was saying. Jackson acknowledged that she had taken the appellant to visit the victim on prior occasions. She recalled that the victim got a pistol from her in September or October 2001, but she did not know what he had done with it. Jackson said the appellant had asked her to keep the gun at her house, but when the victim asked for it, she gave it to him "because he said he needed it."
Chad Peters with the Sullivan County Sheriff's Department testified that on February 1, 2002, he arrested the victim at 2352 Vo
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