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State v. Thomas2/27/2004
nd identification numbers," are assigned to persons as they are arrested. That number remains forever attached to that individual. Defendant Bond's "R & I" number is 219189. The "R & I" number in cases 98-04518 through 98-04526 and 95-03886 belongs to Defendant Bond. The indictments from these offenses reveal that each conviction involved a separate victim and every offense involved the use of a handgun.
The clerk's files further indicate that, on September 6, 1994, Defendant Thomas was convicted in indictment 93-05155 of aggravated robbery, in indictment 93-05156 of aggravated robbery, in indictment 93-05157 of aggravated robbery, in indictment 93-05158 of aggravated robbery, in indictment 93-05159 of aggravated robbery, in indictment 93-05160 of robbery, in indictment 93-05161 of aggravated robbery, and in indictment 93-05162 of aggravated robbery. The files further reflect a conviction on January 31, 1994, in indictment 93-09267 of aggravated robbery. The indictments from these offenses, with the exception of his conviction for simple robbery, reveal that each conviction involved the use of a handgun and involved separate victims.
The victim's widow, Faye Day, testified that, prior to the shooting on April 21, 1997, her husband worked two jobs to support their family. Mrs. Day was unable to work due to a life-threatening condition, thrombophlebitis. Mrs. Day's sole sources of income for herself and the couple's sixteen-year-old son, Cedric, are her disability benefits and the social security benefits that their son receives as a result of Mr. Day's death. Mrs. Day added that Cedric works at a fast-food restaurant for additional income.
Mrs. Day expounded upon her relationship with her husband:
Well, my husband was my everything. He was my husband, he was my best friend, he was my lover, he was my confidant. When he got shot . . . it changed. He was not the same person. Our whole household changed. . . . I didn't have a lover. . . . I had to walk around on cotton because the least little noise would just turn him into a frenzy. So I didn't have that closeness - that hugging relationship. I didn't have that person in my life at all for those thirty months that he survived[.]
Regarding the victim's son, Cedric, Mrs. Day stated that Cedric was just twelve years old when his father was shot. The two used to ride motorcycles together and go out to breakfast together. There were no more father-son days. Presently, Cedric has much "anger" over his father's death.
In mitigation, Defendant Bond called Memphis Police Officer Chad Golden. Officer Golden read Defendant Bond's confession in which he admitted participation as the driver in the robbery of the Loomis Fargo guard outside of the Walgreens store on April 21, 1997. In the statement, Defendant Bond implicated Defendant Thomas as the shooter. Additionally, Defendant Bond discussed the planning of the robbery. Specifically, Bond stated that the robbery of an armored truck was Defendant Thomas' idea. He further admitted that he "got the [white] car from Poplar Plaza." Defendant Bond described the events of April 21:
Monday, [Defendant Thomas] came to pick me up . . . in a little red car that belonged to his girlfriend, Angie.
Then I got the stolen car from Jackson and Tillman and drove it to Walgreens.
We both got in the stolen car, and we left the red car around the corner from Walgreens.
Then a armored truck pulled up in front of Walgreens. [Defendant Thomas] got out and shot him - the guard. [Defendant Thom
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