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State v. Wilson8/2/2001
tatements that they would "whip [the victim's] ass if he hurt them." Alford stated that the Defendant and Christein continued to drink as they rode down the mountain, but he stopped drinking and only smoked the marijuana. Alford testified that he did not recall the Defendant giving the victim money for gas, nor did he recall Christein offering Ms. Bolling money to take the Defendant and Christein to Steele's Creek Park. He did recall Christein offering the victim and Ms. Bolling marijuana in exchange for a ride to Steele's Creek. Alford also testified that Christein "acted like he liked [Ms. Bolling]," because he asked her to leave the victim at the gas station. He further testified that, as he was getting out of the car to go home, he was intoxicated and staggering. Alford stated that the victim was under the influence and should not have been driving. He noted that the only times the Defendant had his knife out were to skin the frogs they ate and while they were in the car with Bolling and the victim. He also testified that, although he heard the Defendant and Christein whispering about beating the victim and taking his wallet, he did not take their statements seriously. Alford stated that he thought the Defendant and Christein were just engaging in "drunk talk."
Lieutenant Jack Necessary testified that, on the morning of April 5, 1999, he was jogging in Steele's Creek Park. During his run, Lieutenant Necessary noticed that the gravel on the road was "flattened out or smooth where apparently a vehicle had been . . . traveling prior to arrival." He also noticed some beer bottles fifty or sixty yards away from the trail. Necessary further testified that, after he had completed his run, he heard Rocky Smith yelling his name and summoning him to follow him to the creek, where Necessary saw a body laying by the creek. Necessary checked the victim for a pulse and determined that the victim was dead. Lieutenant Necessary contacted the Bristol Detective Division and spoke with Detective Thomas, and also requested that a list of other people be contacted and sent to assist.
While waiting for the other detectives to arrive, Necessary took a crime kit from his car and began to secure the crime scene with yellow police tape. Necessary also inspected the trail surrounding the scene and observed that the gravel had been disturbed, indicating some type of struggle. Lieutenant Necessary also noticed blood, which led back to the area where the body was located. After Detective Thomas arrived, Necessary turned the processing of the crime scene over to Thomas and designated Thomas lead detective.
Later, that afternoon, Lieutenant Necessary went to the victim's home and advised family members about the victim's death. While there, he received a call advising him to contact the Defendant. Lieutenant Necessary found the Defendant working for a company called Peerless Woodworking. He asked the Defendant to come with him to the police station for questioning about the offense that occurred at Steele Creek Park. Necessary testified that upon mentioning his purpose to the Defendant, he noticed that the Defendant began "to shudder, he shook, and he began to squeeze his right fist, and it began to shake.
Necessary stated that he explained to the Defendant that he was not under arrest, and the Defendant agreed to accompany him to the detective 's bureau. Lieutenant Necessary further testified that the Defendant was wearing on his side, a leather sheath with a lock blade knife inside, which was taken from the Defendant before he entered the police cruiser.
Upon arriving at the bureau, Necessary advised the Defendant of his Miranda rights (which the Defendant waived) and then talked w
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