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State v. Bussell8/23/2005
ilitation of aggravated robbery as a result of the incident.
Melissa Hansen-Petrik, the victim's next door neighbor, heard dogs barking on the evening of July 10, 1998, and went to her front door to investigate. She heard the victim yelling for help, but her husband's pick-up truck blocked her view into the victim's front yard. Ms. Hansen-Petrik went inside to call 911. She heard gunshots and saw a blue, four-door sedan drive slowly by the victim's house. The blue car returned as Ms. Hansen-Petrik was concluding her emergency call. Two men ran toward the car, with one man limping. Ms. Hansen-Petrik was unable to see the men's faces, but she said that they were not wearing masks.
Kristen Oura, the victim's girlfriend, said that the victim had been in the yard earlier in the evening. He came into the house to take a shower. Ms. Oura said that she noticed the victim's wallet on the dining room table. Ms. Oura was talking on the telephone when the incident occurred and did not hear the gunshots.
Larry Vineyard with the Knoxville Police Department found a white bucket on the victim's front porch, and a baseball cap and the victim's wallet in the front yard. Thomas Evans, a senior evidence technician with the Knoxville Police Department, said that some money was found inside the white bucket, and Defendant's fingerprints were on the outside of the bucket. Officer Evans said that the police were not able to find any shell casings or the gun that fired the fatal shots. On cross-examination, Officer Evans said that there were other sets of fingerprints on the white bucket which were not identified.
Sandra Elkins, the Knox County Medical Examiner, testified that the victim's autopsy revealed scrapes and abrasions on the victim's hands, and an abrasion consistent with a bullet's graze above his right elbow. Dr. Elkins said that the victim was shot once in the neck and once in the top right quadrant of his head. The bullet causing the neck wound exited his body, but the bullet from the head wound lodged in the victim's brain stem, causing death within seconds. There was soot and stipple around the neck bullet wound indicating that the gun had been fired approximately twelve inches away from the victim. Only soot was visible around the head wound indicating that the shooter fired from a range of less than six inches. On cross-examination, Dr. Elkins said that the neck wound would have produced a significant amount of blood, and the shooter would have blood spatter on his clothes.
Defendant testified on his own behalf. He said that Mr. Thompson picked him up from work on July 10, 1998. Defendant said that he noticed a white bucket in the back of Mr. Thompson's car, and he had to push the bucket aside in order to sit down. Defendant dropped Mr. Thompson off at his night job , and then drove Mr. Thompson's car to Mr. Williamson's house. He and Mr. Williamson watched television and played video games. The men decided to play basketball, and Mr. Williamson called a few friends. Mr. Griffin came over, and the men left in Mr. Thompson's car. Defendant said that he drove the car, and Mr. Griffin sat in the back seat holding a black bag.
Defendant said he thought the men were going to pick up a friend of Mr. Williamson's for a basketball game. Mr. Williamson gave Defendant directions to the victim's house. When they arrived, Mr. Williamson told Defendant to go to the front door and see if the victim wanted to play basketball. The victim answered Defendant's knock, and Defendant told him that some of the victim's friends were here to see him. Defendant turned toward the car and saw Mr. Williamson and Mr. Griffin running toward the front porch carrying guns and masks
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