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State v. Thomas2/27/2004
he individual defendant.'" See Terry, 46 S.W.3d at 163 (citing McCleskey v. Kemp, 481 U.S. 279, 308, 107 S. Ct. 1756 (1987) (quoting Gregg v. Georgia, 428 U.S. 153, 206, 96 S. Ct. 2909 (1976))).
Applying this approach, the Court, in comparing this case to other cases in which the defendants were convicted of the same or similar crimes, looks at the facts and circumstances of the crime, the characteristics of the defendant, and the aggravating and mitigating factors involved. See Terry, 46 S.W.3d at 164. Regarding the circumstances of the crime itself, numerous factors are considered including: (1) the means of death, (2) the manner of death, (3) the motivation for the killing, (4) the place of death, (5) the victim's age, physical condition, and psychological condition, (6) the absence or presence of provocation, (7) the absence or presence of premeditation, (8) the absence or presence of justification, and (9) the injury to and effect on non-decedent victims. See Stout, 46 S.W.3d at 706 (citing Bland, 958 S.W.2d at 667); see also Terry, 46 S.W.3d at 164. Contemplated within the review are numerous factors regarding the defendant, including: (1) prior criminal record, (2) age, race, and gender, (3) mental, emotional, and physical condition, (4) role in the murder, (5) cooperation with authorities, (6) level of remorse, (7) knowledge of the victim's helplessness, and (8) potential for rehabilitation. See Stout, 46 S.W.3d at 706; Terry, 46 S.W.3d at 164.
In completing our review, we remain cognizant of the fact that no two cases involve identical circumstances. See generally Terry, 46 S.W.3d at 164. Moreover, we do not attempt to employ mathematical or scientific methodology. See Bland, 958 S.W.2d at 668. Thus, our function is not to limit our comparison to those cases where a death sentence is perfectly symmetrical, but rather, our objective is only to identify and to invalidate the aberrant death sentence. See Terry, 46 S.W.3d at 164 (citing Bland, 958 S.W.2d at 665).
In this case, the jury convicted the twenty-seven-year-old African-American defendant of first degree felony murder. It imposed a death sentence based on the single statutory aggravating circumstance that the defendant had a prior violent felony conviction. See Tenn. Code Ann. ยง 39-13-204(i)(2). The proof established that the then twenty-four-year-old Thomas shot the thirty-nine-year-old African-American victim, James Day, in the back of the head. Day, a uniformed guard for Loomis Fargo, had just picked up the deposit from the Walgreens store on Summer Avenue. As Mr. Day left the store, Defendant Thomas approached from behind, and, without demanding the money or meeting resistance from Mr. Day, placed the gun to the back of Mr. Day's head and fired. Evidence was introduced establishing that Defendant Thomas and Defendant Bond had planned the robbery the previous day. Evidence also established that immediately after the robbery and shooting, the two defendants divided their proceeds and went shopping. Each defendant purchased a new car within hours of the incident. While watching a news report of the incident, Defendant Thomas exclaimed that he "grabbed the nigger by the throat and shot him."
Defendant Thomas' criminal history includes eight prior convictions for aggravated robbery and one prior conviction for simple robbery. Defendant Thomas was released from prison less than two months prior to this offense. During the penalty phase, Defendant Thomas presented evidence that his mother was abused by his father and then her second husband. His father was rarely present in his life and he had an extensive criminal record. With the exception that he was sorry for bringing down his family, there is no evidence o
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