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State v. Bussell8/23/2005
I. Background
Although Defendant does not challenge the sufficiency of the convicting evidence, a summary of the facts and circumstances surrounding the offenses is necessary in order to address the sentencing issues.
Kelan Williamson testified that Defendant came over to his house on July 10, 1998. Defendant was driving Khary Thompson's blue, four-door Ford Taurus. Warren Griffin also arrived at Mr. Williamson's house. Defendant suggested that the three men rob the victim, William Reid, because Defendant had heard that the victim had a safe in his house. Mr. Williamson's version of the sequence of events leading up to the victim's death is as follows.
Defendant told the men that he would carry a white bucket with the word "donations" written on it and ask the victim for a donation to a local basketball league. When the victim pulled out his wallet, Defendant would rob him at gun point. Mr. Williamson said that his assigned job was to carry the safe to the car. Mr. Williamson said that only Defendant was armed.
Mr. Griffin drove the Taurus to the victim's house and let Defendant out. Mr. Griffin and Mr. Williamson drove down the street and turned around. Mr. Griffin parked in front of the victim's house. Mr. Williamson got out of the car and stood by the side of the house as Defendant knocked on the victim's door. The victim answered the door, Defendant asked him for a donation, and the victim stepped inside his house to retrieve his wallet. When the victim returned to the front door, Mr. Williamson said that the victim must have seen Defendant's gun. The victim tackled Defendant, and the two men fell off the front porch. Defendant cried out that his knee was hurt. Defendant managed to slide two or three feet away from the victim, pulled out his gun and shot the victim twice, the last time in the head. Mr. Williamson helped Defendant into the car, and the men returned to Mr. Williamson's house.
On cross-examination, Mr. Williamson conceded, in his first two statements to the police, that he denied being at the victim's house when the victim was killed. In his third statement, Mr. Williamson said that he shot the victim. Mr. Williamson said that the police officers told him that his bond would be reduced if he confessed to the murder. Mr. Williamson said that he wore a mask during the killing, but he did not remember that the police had found a mask when they searched his house. Mr. Williamson denied telling defense counsel's investigator that the three men attempted to rob the victim because the victim owed Defendant money from a drug deal. Mr. Williamson said that he entered a plea of guilty to facilitation of felony murder and was sentenced to thirty-six years.
Khary Thompson said that he lent Defendant his Ford Taurus automobile on July 10, 1998, so that Defendant could go to a recreational center to play basketball. Mr. Thompson said that he did not see a white bucket in the car when it was returned to him later that night, nor did he see any blood in the car.
Warren Griffin testified that he drove Mr. Thompson's car to the victim's house because Defendant said he wanted to "holler at someone." Mr. Griffin let Defendant out, and he and Mr. Williamson drove around the block. When they returned to the victim's house, the victim was struggling with Defendant on the grass. Mr. Griffin started to drive away, but Mr. Williamson got out of the car. Mr. Griffin left. He then heard gunshots and drove back to the victim's house where he picked up Mr. Williamson and Defendant. He said that Defendant was "hobbling." Mr. Griffin said that he did not see a white bucket. Mr. Griffin said that he entered a plea of guilty to fac
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