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State v. Hawkins11/4/2005
, their friendship, while still intact, began to cool.
The appellant was released from jail on March 29, 2002. The victim had been released before him. After his release, the appellant put the victim's guitar in his lawn building and called the victim several times to tell him that he had his guitar; however, the victim did not return any of his calls.
The appellant next saw the victim on Saturday, April 20, 2002. That morning, the appellant, who did not eat breakfast, took one Depakote pill, a couple of Clonapin pills, and three Xanax pills. Additionally, he drank three six-packs of beer and smoked some marijuana. At noon, Booher called to invite the appellant to lunch. While at Booher's house, the appellant ate and consumed more beer. The appellant returned home between 4:00 and 4:30 p.m. to wait for Mark Gentry, who was taking him to work on the Gentrys' trailer. While waiting on the Gentrys, the appellant drank three or four more beers and took five Xanax pills. When Mrs. Gentry picked him up, the appellant took a bottle of Xanax pills and some marijuana with him. The appellant was wearing a white T-shirt, blue jean shorts, white socks, and tennis shoes. On the way to the Gentrys' trailer, they stopped at a convenience store where the appellant bought a six-pack of beer.
While at the Gentrys' trailer, the appellant continued to drink beer. At one point, he cut his leg, and he took eight Xanax pills for the pain. When he was ready to leave, the Gentrys drove the appellant home. En route, at approximately 9:30 pm. or 10:00 pm., he asked Mr. Gentry to take him to the victim's camper. The appellant said he had the victim's daughter's guitar and wanted to give it back to the victim, and he wanted to give the victim his new telephone number. The appellant gave Mr. Gentry directions to the victim's camper, but they did not take his usual route because the alcohol and pills were beginning to impair his judgment. The appellant stated that he was not armed, explaining that he had no intent to kill the victim when he went to the victim's camper.
When they arrived at the victim's camper, the appellant told Mr. Gentry to let him out then park at the nearby church to wait for him. The appellant knocked on the victim's door, and the door suddenly burst open with the plexiglass window shattering in the appellant's face. The victim came out of his camper, armed with a gun, and began calling the appellant a "snitch" and other derogatory names. The victim swung the gun, hitting the appellant's right wrist, causing his wrist to bleed. The appellant bent, searching for a weapon to knock the gun out of the victim's hand. The appellant found a stick and came up swinging. The appellant missed the gun but hit the victim in the shoulder or the head. The appellant asserted that the victim was not dissuaded from trying to hurt him. The appellant claimed that he was so frightened that he began to lose consciousness; however, he kept swinging the stick, trying to get the victim to leave him alone. The next thing the appellant remembered was the victim lying on the ground. The appellant believed that he was unconscious. At that point, the appellant began "coming to." The appellant stated that during the incident, he was "scared . . . plumb to death."
The appellant saw the gun next to the victim, and he picked it up. He said he did not know if the gun was loaded because he did not check it. The appellant walked toward the Gentrys' van. On the way, he took his shirt off, wrapped the gun in his shirt, and stuck it in his pants. He threw the stick in the woods nearby. When he got into the Gentrys' van, he told them that he and the victim had gotten into a scuffle. He could not recall the
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