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State v. Wilson8/2/2001
that he agreed to buy some gas for the victim Bolling, who had agreed to go to the park. Defendant gave the victim ten dollars for gas, but the victim bought beer instead of gas. The Defendant said that, while they were at the store, Christein asked Bolling how much money the victim had, but Defendant testified he did not think anything of the question.
When they arrived at the park, Christein asked the Defendant and the victim to follow him, as they walked through the path. Defendant testified the he "was kind of wondering what was going on. . ., because didn't know Mr. Christein before this day and didn't know either one of them, but just went on with it. . . ." The Defendant stated that he and the victim were walking close to one another, when the victim began talking in an angry manner, and hit him in the face with a beer bottle, causing his nose to bleed. The Defendant and the victim engaged in a fist fight. The Defendant testified that he tried to run from the victim, but the victim caught him from behind, and continued to hit him until he was down on his hands and knees. At that point, Defendant said that he remembered that he had his knife, and he grabbed it and stabbed the victim, in order to "get the guy off of ". Defendant testified that the victim stopped hitting him, allowing him to get up and run away from the victim. The Defendant explained
And he keeps catching up with me periodically through the whole event. And I really don't know where I stabbed him then or how I stabbed him. He just kept coming up behind me. I just kept slinging back at him and we wrestled all through the event. Then there is one more time. At the very end he kind of got me down again and I believe I stabbed backwards. I believe that's when I stabbed him in the hip. I was kind of down again. Kind of stabbed backwards with my knife. He's standing up and I'm kind of down and that's when we kind of get separated. . . . Well, at first I noticed blood. His shirt had blood all over it. And he wasn't really holding himself, really. Kind of --- - he had his hands up but he wasn't really grabbing at nothing. He wasn't really making no kind of noises or anything, hollering. . . . but he kind of fell down on one knee and fell over on his elbow and I'm standing there watching this whole event. And he's kind of over on his back and then puts his knees up in the air and he's kind of feeling himself.
The Defendant testified that, at this point, Christein began feeling the victim's pockets and turned the victim over "like he's a sack of potatoes and takes his wallet out," while the victim was still moving. Defendant stated that he began to walk out of the park with the knife in his hand, "trying to figure out what should do or why all of this going on." The Defendant said that his nose continued to bleed as he walked. He saw Christein, out of the corner of his eye, roll the victim towards the lake. The Defendant testified that, as he walked out of the park, Christein caught up with him and began "shooting off at the mouth about certain things. . . ."
The Defendant further testified that he had not planned, with Christein, to rob the victim. He insisted that he had been in fear for his life during this altercation. He stated that he thought the victim was still alive and was going to come after him. He said he did not know that the victim had died until the police told him later that day. He asserted that the only reason he had gone to the park was to get marijuana.
On cross-examination, the Defendant admitted that he had lied to the detectives about not being in Steele's Creek Park and about the clothes he was wearing the night of the incident. He further acknowledged that h
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