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Gaffney v. State3/25/1998
actually see the gun, but testified appellant had his "arm extended up" and was standing in line with appellant, while the other black male standing to appellant's right "did not have his arms up whatsoever." He testified he also saw a flash from the gun in appellant's location. He ran but realized Gregor was not with him. He turned and saw Gregor on his knees shouting, "Please don't shoot." Jennings testified appellant then turned his arm toward Gregor and shot twice. Jennings ran to Gregor, who was still alive at that point. Jennings attempted to help Gregor move, but Gregor was unable to stand or walk. Jennings testified he left to get help and collapsed on the front porch of a nearby house. A "911" call was made. Gregor died at the scene, and Jennings was taken to a hospital for emergency surgery.
Officers responding to the call located a twenty-two caliber handgun at the scene. Several officers testified that street lights are positioned at each corner of the block where the shootings occurred. One officer testified that there was enough light for someone standing at one end of the block to see and identify someone at the other end. At the hospital, Jennings described the shooter to an officer as a black male, wearing a black colored shirt and dark colored shorts, and "maybe had a go-tee." Another officer testified Jennings identified appellant from a photo line-up as the person who shot him with "no hesitancy whatsoever."
Doctor Mark Dickson treated Jennings at the hospital after the shooting. Dickson testified Jennings had a .13 blood-alcohol level and diagnosed him as having a gunshot wound to the liver and acute alcohol intoxication; however, the medical records indicate Jennings was alert after arriving at the hospital.
Angela Gaffney, appellant's wife at the time of trial, testified she saw Gregor, Jennings, appellant and Childs walk around the corner just before she heard gunshots. She testified she moved to the driver's seat of the car when she heard the shots and turned around to look out the rear window. After the first set of shots, she saw appellant behind the car talking to someone; she then heard a second set of gunshots. In her statement to Denison police, Gaffney claims she heard three to four gunshots, moved to the driver's side of the car, and then appellant got into the car and the two drove off. Gaffney testified appellant was wearing a black T-shirt and white sweatpants on the night of the shootings.
Appellant's friend, Delvin Briscoe, testified that after the shootings, appellant admitted to him that he shot Jennings, but that he did not shoot Gregor. Briscoe also testified that Childs told him that this was the first time he had ever "shot a white boy." Briscoe testified that Childs later indicated he was "playing about it." Childs denied making the statement.
Kali Nugent, another friend of appellant's, testified she discovered Jennings on the porch of the house. He testified Jennings told him he was shot by a "white guy." Jennings denied making this statement.
Jeff Cross, an inmate in the Grayson County Jail, befriended Jennings in jail just prior to trial. Jennings was incarcerated on an unrelated offense. He testified Jennings talked about the shooting and told him that "he didn't know who had shot who because it was so dark plus he had been drinking," and that "the only reason why he was testifying was because his friend died." Jennings denied making these statements to Cross. Cross and appellant later became cell mates, and appellant's trial attorney also represented Cross in pending state charges at the time of trial.
No fingerprints were identified on the handgun or ammunition, nor could the s
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