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State v. Henderson3/7/2001
le fight at approximately 7:00 p.m. When Brooks arrived at the scene approximately two minutes later, he observed nothing unusual. Brooks then made a routine traffic stop and when he began questioning the occupants of the vehicle, he noticed another vehicle on Hunt Road that was flashing its lights erratically. Brooks then radioed Officer Drew Roberts and requested that Officer Roberts check on that vehicle.
Brooks testified that when he subsequently joined Roberts, he saw two men standing beside a S-10 pickup and saw another man sitting on the tailgate of the truck. Brooks stated that the man on the tailgate was not wearing a shirt and it appeared that he had been involved in a fight because he was upset and he had abrasions on his back and neck.
Officer Drew Roberts testified that when he questioned the man who was not wearing a shirt, the man told the officers that his name was Tommy Griffin and that he lived in Sevier County. Griffin initially told the officers that an argument had taken place and that some friends put him out of the car, but when questioned further, he stated that the men were not really his friends. Griffin refused to give any other information. Roberts subsequently arrested Griffin for public intoxication and took him to the Blount County Jail.
Sergeant Ray Herron testified that Griffin was booked into the Blount County jail at 7:40 p.m. on February 21, 1992. Herron stated that approximately forty-five minutes later, appellant Dellinger approached him to see when Griffin could be released. Herron told Dellinger that Griffin would be kept a minimum of four hours. Herron stated that Griffin was subsequently released from jail at 11:25 p.m. when Dellinger returned to the jail and posted a cash bond.
Captain Kenneth Beeler testified that on February 21, 1992, he saw both Appellants in the lobby of the Blount County Jail at approximately 11:15 p.m. Lieutenant Tom Defoe testified that on the evening of February 21, 1992, he saw Appellants enter the lobby of the Blount County Jail and he noticed that one of them was carrying a shirt. Shortly thereafter, Defoe saw Appellants leave the jail with an individual who had just been released.
Alvin Henry testified that he lived in the same neighborhood as both Dellinger and Griffin. Henry stated that at approximately 9:00 p.m. on February 21, 1992, he looked out the window of his residence when his dog started barking. When Henry looked down the road, he saw someone getting in Dellinger's white pickup truck. Henry then saw the truck drive up the road and pull into Dellinger's driveway. A few seconds later, Henry looked back down the road and noticed that flames were shooting out of Griffin's trailer.
Jennifer Branam, Griffin's niece, testified that on the night of February 21, 1992, her sister came into her bedroom and yelled that Griffin's trailer was on fire. Jennifer Branam then awakened her father and ran to Dellinger's trailer to see whether Griffin was there. Jennifer Branam stated that she believed that Dellinger was at home because his truck was in the driveway. She then knocked on the door and Linda Dellinger answered. Jennifer Branam stated that when she asked whether Dellinger was home, Linda said that he was not there. However, Jennifer Branam then saw both Appellants walking down the hall. She also noticed that they were both wearing jackets and their pants were wet up to their knees. When Jennifer Branam asked Sutton if Griffin was in the trailer, Sutton replied that Griffin was in Blount County with a girl. Jennifer Branam then asked both Appellants to accompany her to Griffin's trailer, but Dellinger said he could not go because he was in enough trouble already.
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