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State v. Thomas2/27/2004
Guilt Phase Evidence
On Monday, April 21, 1997, thirty-nine-year-old James Day, a guard with Loomis Fargo, prepared to go to work. He instructed his wife, Faye, to go to Sears that day and buy him a pair of work boots because the boots were on sale. He then stated, "Now, you be a good little wife today," and left for work.
Betty Gay, a cashier at the Walgreens store located on Summer Avenue in Shelby County, went to the employee break room " little after 12:00 [noon]" to eat lunch. Upon returning from lunch, Ms. Gay recognized James Day "standing at the door waiting for somebody to open it up." Ms. Gay clocked back in to work at 12:37 p.m., "got drawer," and proceeded back to the front of the store. Meanwhile, James Day visited the office, received the store's deposits, and returned to the front of the store. Because it was a Monday, the deposit included receipts from Saturday night and Sunday. The receipts for these two days, not including checks and foodstamps, totaled $18,843.01 in cash. When Mr. Day was leaving the store, Ms. Gay told him "Have a good day." Shortly thereafter, Ms. Gay heard a gunshot. She "hollered and told them to call 911." She then looked out of the store and saw James Day "lying on the concrete, and this [black] man was running, and he had a gun in his hand and a money bag in the other hand."
Charles Young, the assistant manager of the Walgreens store, ran outside the store and observed James Day "lying almost face down. There was a puddle of blood on the back coming out . . . behind him . . . ." Mr. Day was conscious and asked Mr. Young to "Call my wife." Mr. Young instructed a cashier to retrieve a blanket from inside the store for Mr. Day. Mr. Day remained cognizant and continued to talk to Mr. Young until the ambulance arrived. Mr. Day survived his devasting injury until October 2, 1999, a period of about two and one-half years.
Richard Fisher, the owner of Music Town, a nearby business, was returning from his lunch hour when he heard the gunshot. Mr. Fisher looked in the direction of the gunshot and saw a white car "speed" in front of the Walgreens around the Loomis Fargo truck. The car came within approximately four feet of Mr. Fisher, enabling him to get a look at the people inside the vehicle. Mr. Fisher later related that the car contained two black males; he subsequently identified the passenger as Defendant Thomas.
Christopher Sains, a commercial driver for the Coca-Cola Company, made his delivery to the Summer Avenue Walgreens shortly before noon. While unloading his delivery at the back dock area, Mr. Sains noticed that a "fast-moving vehicle was coming from around inside of the Walgreens lot through the underpass to the back . . . area where I was. A four-door white car . . . about to lose control. And I saw two individuals in the car." Mr. Sains then observed two African-American males get out of the white car and get into a small red car. The men headed north in the red car. The men left the white car unattended.
Gary Craig lived on Novarese Street directly behind the Summer Avenue Walgreens store. Mr. Craig heard the screeching of brakes outside his residence and went outside. He observed a white car "pulling up this way, a red car pulled in this way." A "man got out of the white car, ran over here, laid [back] in the front seat of the red car. They went backwards through the intersection of Tutwiler and Novarese and then went up Tutwiler going that way." Mr. Craig identified the white car as a Pontiac Bonneville and the red car as a Toyota MR2.
The white Pontiac was ultimately towed for processing. Fingerprints were "lifted" from the vehicle. One of the fingerprints foun
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Tennessee Personal Injury Attorneys
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