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Swindle v. State6/8/1999
ol. Little grabbed the pistol out of Thomas's hand and aimed it at Wilde, who was still on the ground. Little then moved the pistol to one side and fired into the ground. Thomas ran back toward the trailer. Little pointed the gun at her and then moved it to one side and fired. Swindle fled the scene. Little then pointed the gun back at Wilde and again moved it to the side and fired at the ground.
. After the third shot, Allen went up to Little and asked for the gun. Little handed the gun over to Allen who then walked up the steps of the porch of the trailer and handed it to Thomas just inside the door. Allen then walked down off the porch and said to Little who was standing at the base of the stairs "come on; let's go." At that moment Swindle, carrying the gun, came running out onto the porch and yelled "you son of a bitch." Swindle began firing the pistol at Little. Little was struck by the gunfire and fatally wounded.
. An autopsy showed that Little had been shot a total of four times, once on the big toe of the right foot, once on the left shoulder, once on the left chest, and once on the top of the head. A blood sample taken from the victim, showed that he had a blood alcohol content of .23 percent. Investigating officers also found a half-opened knife at the feet of Little.
. Swindle was indicted for manslaughter. Trial was commenced on November 12, 1997. The defense wanted Wilde to testify and twice asked that he be subpoenaed, but he could not be found at the time of trial. However, Thomas did testify for the defense. Thomas testified that Little and Allen came to her trailer. Thomas stated that Little was drunk and out of control. She testified that Little and Wilde soon got into an argument over a pool cue and that this argument escalated into a fight when Little broke a beer bottle and went with it at Wilde.
. Thomas further testified that both she and Swindle tried to intervene and were struck by Little. At this point, Thomas said she started back to her trailer to call 911, but then told her son to call as he was still outside, and she wanted him in the trailer. Thomas stated that she then got her gun in an attempt to scare Little to get him to leave. She stated that she was standing on the porch of the trailer with the gun at her side when Little charged her taking the gun away and dragging her by the hair down the steps. Thomas testified that Little placed the gun to her head and fired, but the gun failed to go off. She further testified that Little shot at her twice more with the gun discharging, once between her chest and arm and once at her legs.
. Little then returned his attention back to Wilde and was on top of him hitting him with both fists. Thomas testified that she again tried to get Little off of Freddie, but that she was slung to the ground. Thomas said she then screamed for Swindle to come help her as Little was "killing" Wilde. Thomas stated that she was trying to make it back into the trailer when Swindle and Shane came out onto the porch. Thomas testified that Swindle now had the gun in her hands, but that she did not know how Swindle got the gun. Thomas stated that Swindle told Little to get off Wilde, but that he did not even look up. Swindle then fired the gun. Little then charged at Swindle, Thomas, and her son. Thomas testified that Swindle shot a couple of more times as Little charged. Thomas said she did not know if Little was hit or not. Thomas said her only thought was to get her son in the trailer. Once inside, Thomas stated that she, her son, and Swindle locked the door of the trailer and then locked themselves in the bathroom. Thomas stated another call was placed to 911, and she took the gun and reloaded it. T
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