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State v. Hawkins11/4/2005
lunteer Parkway on a child support warrant. He did not believe that the victim was intoxicated at the time of his arrest.
Ella Kate Thacker testified that she knew the appellant and the victim. In April 2002, Thacker saw the victim at "Evelyn's house." During a conversation, the victim told Thacker that the appellant had "snitched" on him, and he no longer wanted to be friends with the appellant.
Joshua Darnell testified that he had been incarcerated with the appellant and the victim in February 2002. During their incarceration, the victim offered one hundred dollars to the first inmate to inflict physical harm on the appellant. The victim made the offer because of a prior altercation between himself and the appellant. The victim believed that the appellant was involved in his incarceration. Darnell recalled that when the victim spoke with the appellant, he acted as if he and the appellant were friends; however, behind the appellant's back, the victim behaved as if they were enemies.
Scott Edward Fain testified that he had known the appellant for years and had met the victim a few times. Fain recalled that in the fall of 2001, he gave the victim a ride to the victim's father's house. The victim, who had been drinking, retrieved a small blue steel pistol from his father's house and shot it once or twice.
Mark York testified that he had been incarcerated with the victim and the appellant in February 2002. During their mutual incarceration, the victim told York that he was in jail because the appellant was a "snitch" and had caused him to be there. The victim also told him that the appellant was going to pay when he got out of jail.
The thirty-eight-year-old appellant testified that he and the victim had been childhood friends, and they became reacquainted as adults when the appellant was released from prison. The appellant recalled that on February 1, 2002, the victim came to his trailer with a guitar. They drank beer, and the appellant gave the victim some of his Clonapin pills. They later went to Booher's house, with the victim taking his guitar. After they had been there for a while, Booher said she was not feeling well, and they decided to leave. The appellant went outside while the victim remained behind to use the bathroom. After seeing two police cars, the appellant decided to walk home, thinking the victim would soon follow. Shortly after the appellant arrived home, Diamond Booher called, saying that the victim came out of the bathroom, jumped on top of them in the bed, and was "messing with" her mother. The appellant asked Diamond to put the victim on the telephone. When the victim answered the telephone, the appellant asked him to leave Booher's house and come back to his house. The victim responded with a derogatory remark, telling the appellant that he would do what he wanted. The victim hung up on the appellant. The appellant spoke with Diamond again and asked for her address. Out of concern, the appellant called 911 and told the operator that the victim had an outstanding child support warrant. After the call, police arrested the victim and took him to jail.
On February 11, 2002, the appellant began serving jail time for a DUI sentence. The appellant was incarcerated with the victim. While they were in jail together, the appellant asked the victim why he did not come back to his trailer that night. The victim responded that he had wanted to stay at Booher's house. The victim then asked the appellant how police knew to arrive at Booher's house. The appellant told the victim that he called 911 because the victim was scaring Booher's children. The victim looked at the appellant with an expression of disbelief and betrayal. Thereafter
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