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State v. Jordan4/30/1999
The Defendant, Roy A. Jordan, was found guilty of vehicular homicide and sentenced to ten years. He now appeals his conviction, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant presents two issues on appeal: (1) whether the evidence was sufficient to support the jury's finding of guilt beyond a reasonable doubt; and (2) whether the trial court properly denied his motion to suppress the results of his blood alcohol test.
On October 25, 1996 at approximately ten o'clock p.m., Mr. and Mrs. Bill Stone exited the Darkhorse Theatre on Charlotte Avenue after viewing a play. Mr. Bong Im, who was traveling westward on Charlotte in an Oldsmobile Cutlass, stopped his vehicle in front of the theatre to allow theatregoers to cross Charlotte. He signaled a group, which included the Stones, to cross the street in front of his vehicle where there was no crosswalk. The first two individuals in the group crossed Charlotte safely. However, as two more individuals, the Stones, attempted to make their way across the street, the Defendant's Chevrolet Blazer, which was also traveling westward on Charlotte, rear-ended Mr. Im's car. Mr. Im's vehicle lurched forward, striking Mr. Stone and throwing his body over the hood of the car into the next intersection. Stone died at the scene. After hitting Mr. Im's car, the Blazer veered to the left and struck an oncoming car.
One eyewitness, Steven Carl Scalet, testified that he was alerted to the impending accident by the "sound of a car or truck coming too fast, just revving up his engine." He reported that the Blazer was traveling at a speed in excess of forty-five or fifty miles per hour. Scalet stated that between the time he looked up and first saw the Defendant's Blazer approaching, he had enough time to think, "If he starts to stop right now, he will avoid an accident. And even-you know, like half a second to a second later, . . . you still have another chance; stop right now and you will not hit this parked car." He also testified that the Blazer did not "break up until the very last millisecond or a second and a half" before hitting Im's car. Scalet stated that after the accident, he watched the Defendant exit the Blazer and noticed that the Defendant "looked like he had been drinking."
Another eyewitness to the accident, Malika Jackson, testified that the Defendant's Blazer was traveling at approximately sixty miles per hour. She estimated that five seconds passed between the time that she first noticed the Blazer speeding down the street and the time of collision. She stated that Mr. Im's car was completely stopped at the time of the crash.
A third eyewitness to the collision and a close friend of the victim, Orville D. Hinkle, testified that he attended the play with the victim on the night of the accident and stated that he and his family crossed Charlotte shortly before the Stones. Hinkle reported that the portion of Charlotte where the accident occurred was well-lit at the time of the crash, illuminated by both street lights and lights from a church. He also maintained that Mr. Im's car was at a complete stop at the time of the crash. He recalled that after the crash, he ran by the Defendant's vehicle and observed the Defendant sitting with his head in his hands. He stated that he noticed the "smell of alcohol" as he ran by.
Evans Donnell, a fourth eyewitness to the accident, testified that the Blazer was traveling at a speed over forty-five miles per hour before hitting Mr. Im's stopped car. Like Mr. Hinkle, he reported that Charlotte Avenue was well-lit at the time of the accident and that although it began to rain shortly after the accident, it was not raining at the time of the
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