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State v. Harris2/20/1998
y on the porch. She testified that the defendant was to pay the victim and Chop Chop each $40 by check and that they went to the defendant's house between 4:00 and 4:30 p.m. Ms. Smith testified that the defendant drove and he did not appear to have any difficulty driving away. According to Ms. Smith, the defendant's house was five to six minutes away. Ms. Smith also stated that the men drank and talked at her house " ll the time," and that their behavior was normal that day. According to Ms. Smith, "they always fussed [argued]. The whole crew. It's normal."
On cross-examination, Ms. Smith testified that while they were sitting on her porch, the defendant and Chop Chop were each holding a pint of whiskey. According to Ms. Smith, the men normally did not drink two pints every day, but she also testified that their behavior on this day was normal.
Benjamin Eckels, the defendant's stepson, testified that when he returned home on the day of the offense, the defendant and the victim were in the kitchen drinking and arguing about money. He stated that he saw the defendant obtain a gun from his room. According to Benjamin, the defendant told the victim to get out of his house, and then the defendant shot into the ceiling, while the victim was sitting in a chair at the table. Benjamin testified that " y step daddy he had kind of like moved back and like to the center of the kitchen table, he had like moved back, then he had staggered back and then Dave [the victim] had jumped up, my step daddy had shot him." Benjamin also stated that the victim tried to grab the gun. Benjamin testified that he did not see the victim with a weapon, and he stated that the defendant fired a third shot into the floor.
Benjamin could not recall the taped statement he had given to the police the night of the shooting. In the statement, Benjamin said that, after the first shot, the defendant "done hauled off and shot him [the victim] in his head." Benjamin stated that the defendant was standing and the victim was sitting in a chair at the kitchen table when the defendant shot him. According to Benjamin, the gun was a foot or a little over a foot away from the victim; Benjamin stated that the defendant aimed it above the victim's nose and he thought the defendant reached across the table to shoot.
On cross-examination, Benjamin testified that, after the defendant told the victim to get out of the house, the victim said that he was not leaving until he got his money and then stood up. Benjamin testified that the defendant did not walk over to the victim and put the gun to his head. After the shooting, the defendant told another son to call 911, and he unloaded the gun.
Demetric Harris, the defendant's son, testified that when he returned home on the day of the shooting, the defendant was at the kitchen table with the victim and Chop Chop and they were arguing about money. Demetric testified that they argued every once in awhile. His father went into the bedroom and got a gun. According to Demetric, his father fired a warning shot into the ceiling and then asked the victim, who was sitting, to leave his house. Demetric testified that the victim "made a motion towards my dad like a leaning motion to hit him or grab the gun, or reach at him." Demetric stated that the defendant "leaned back like falling back to deflect it" and the gun went off Demetric testified that the defendant fired a third shot into the floor. The defendant then asked Demetric to call 911. Demetric testified that the victim had no weapons and that there was no physical contact between the defendant and the victim.
When asked by the prosecutor, Demetric could not recall the taped statement he had made to t
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