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State v. Thomas2/27/2004
ant Thomas was born, his father was only around for about a year. For about twelve years, Mrs. Barber and Defendant Thomas lived with her mother-in-law. Defendant Thomas' father was in and out of jail, but he eventually came back. The relationship did not work between the two adults and they ended up separating due to his abusive behavior. During this time period, Mrs. Barber became pregnant with her second child, Andre. While pregnant, Mrs. Barber was physically abused by her husband and Defendant Thomas witnessed the abuse. Defendant Thomas' father also abused drugs. Shortly after her separation, Mrs. Barber met her second husband, William Barber. Thomas, however, remained upset that his real father was not around.
Mrs. Barber obtained a job with the United States Postal Service and things looked good for a while. Then, she discovered that William Barber was involved in drugs. Mrs. Barber lost her job. She was forced to apply for public assistance, including food stamps. Mr. Barber began physically abusing her. Mr. Barber began getting arrested and Defendant Thomas was forced to assume the role of the man of the house.
Mrs. Barber admitted that Defendant Thomas started getting in trouble when he was fourteen years old. He was first arrested for stealing and then he stopped going to school. Thomas' mother acknowledged that Thomas had a son, Devonte, and that Thomas loved his son. She also stated that Defendant Thomas had earned his GED the last time he was in jail. Additionally, he earned a certificate for "residential plumber helper" while incarcerated at Tiptonville. Mrs. Barber stated that Defendant Thomas still played a big part in their daily lives even though he was incarcerated.
On cross-examination, Mrs. Barber verified that Defendant Thomas was last released from prison on February 24, 1997. The robbery and shooting of James Day occurred two months later on April 21, 1997.
Alacia Bolden, the mother of Defendant Thomas' son, testified that their son, Devonte, is eight years old and is an honor roll student at Grahamwood Elementary. Devonte continues to maintain a close relationship with his father. Ms. Bolden averred that she believed that every child needs both a mother and father even if the father is in prison. She added that Defendant Thomas was a good father to their son.
Defendant Thomas' cousin, Stephanie Williams, testified that she and her cousin maintained a close relationship. She stated that she loved Defendant Thomas and she does not "want to see him die." Tamara Weeks, another cousin of Thomas, testified that she and her cousin were only six months apart in age and have always maintained a close relationship. Ms. Weeks stated that her son is three months older that Defendant Thomas' son. She further acknowledged that her cousin was presently serving a life sentence in federal prison and he would never be coming home again. Notwithstanding, Ms. Weeks maintained that Defendant Thomas remained an important male role model in his son's life.
At the close of the proof, the jury was instructed on the following statutory aggravating circumstance:
The defendants, Anthony M. Bond and Andrew L. Thomas, were previously convicted of one (1) or more felonies, other than the present charge, the statutory elements of which involve the use of violence to the person. The state is relying upon the crimes of Aggravated Robbery and Robbery, which are felonies involving the use of violence to the person.
See generally Tenn. Code Ann. ยง 39-13-204(i)(2). As to Defendant Bond, the jury was also instructed that it should consider as mitigating circumstances:
(1) Any testimo
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