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State v. Couvillion7/26/2005
oss his mind to call for help. After the incident, he stated he was scared to call the police. According to defendant, this was the first time he met Jim. Defendant stated that he never made or discussed a plan to kill and rob Jim and there was no indication Brandon was going to attack Jim. However, about two weeks prior to this night, Brandon called Jim and asked about a gun because he knew someone with money and an expensive sound system in his truck. Defendant testified that he owned a gun, which was in his house that night, and he smoked one joint that night.
Defendant explained that Jim said he was ready to leave. As Jim walked to the door, Brandon got up and put his belt around Jim's neck and pulled Jim backwards while Jim flailed his arms. Defendant claimed that he believed Brandon was playing around when he put his belt around Jim's neck. When Jim accidentally hit him, defendant reacted by getting up and hitting him back three times. Defendant claimed punching him three times in the nose was a reflex. Thereafter, Brandon pulled Jim to the back room.
Defendant followed them into the back room and stepped over Jim's legs to turn on the dimmer switch. He saw Brandon kicking Jim with the belt still around his neck. Because he was scared of what Brandon might do, he told him to stop, but physically did nothing. Brandon pulled Jim back into the kitchen and wrapped him in a blanket. Brandon then dragged Jim to the back door. Not wanting Jim's body in his house, defendant helped put Jim in the back of the truck. Timothy and Brandon put a mattress on top of Jim's body. Defendant stated that he rode on the tailgate of the truck and they dropped him off at his apartment. After calling Traci and telling her what happened, a friend brought him back to his house. He stated he did not intend to kill or hurt Jim.
Dr. Susan Garcia, an expert in forensic pathology, testified that she performed an autopsy on the body of James Rogers on February 16, 2002. She listed his death as a homicide, and determined the cause of death was ligature strangulation. Dr. Garcia testified that something was placed around his neck and tightened so as to cut off the blood flow to and from the brain. She testified that a belt could have been the weapon used. She noted that the victim received a blunt force trauma to the left side of his face with bruising and abrasions to his left eye, left cheek, mid-forehead and left side of his nose. She testified that punching is a manner in which these injuries could have been sustained.
Dr. Garcia testified that there were no signs of drowning and that she did not believe the victim died from the fall from the interstate. She further explained that he was probably dead at the time his body hit the ground and that it was highly unlikely he was alive but could not answer if he was on the "last edges of life." She stated that he was unconscious from the time he was strangled and it was highly unlikely he would have been revivable. She explained that ligature strangulation is not an instantaneous death.
Dr. Garcia testified that the victim had two small lacerations on his liver which indicated some blunt trauma to that area. Because the injury had a small pocket of blood next to it and no overlying skin injury, she felt this negated a reaction that would happen when the victim was alive and, therefore, concluded that the injury happened at or about the time of death. Dr. Garcia testified that when she examined the victim's body, rigor mortis was fully developed. She stated that if she was told the body was not discovered for about three days that this would be inconsistent with this finding unless it was very cold or if the body was fully submerged in c
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