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State v. Harris5/23/2005
I. Facts
The following evidence was presented at trial. On December 13, 2002, the defendant and his girlfriend, Catherine Covington, were living together with the defendant's step-mother, Debbie Harris. After drinking most of the evening, the defendant and Ms. Covington retired to their bedroom where a fight ensued. At some point after the fight, Ms. Covington left the bedroom and asked Mrs. Harris for help, explaining that she had been beaten by the defendant. Mrs. Harris noticed Ms. Covington was crying and had cuts and bruises on her face. Mrs. Harris later observed scratches on the defendant's face.
Around 12:30 a.m. on December 14, 2002, David Harris, the defendant's brother and Ms. Covington's former boyfriend, arrived at the house. Earlier that evening, David Harris had been out with his friends Ben Green and Lisa Norman. David Harris had borrowed Mr. Green's Silverado truck to drive around town and decided to ask if the defendant and Ms. Covington wanted to join him. The defendant and Ms. Covington agreed to go along with David Harris and the three of them headed out to the bluff area to drink. Ms. Covington left wearing only red sweat pants and a white t-shirt, and the defendant left wearing only boxers and a shirt. However, after fifteen minutes, the group drove back to the house and the defendant went inside to change. While inside the house, the defendant got dressed.
Once the defendant got back in the truck, the group headed out to find some beer. As they were driving along, David Harris looked over at the defendant and Ms. Covington and thought he saw them hugging. A split second later, David Harris' body went numb and he blacked-out. Moments later, when David Harris regained consciousness, he felt the defendant sliding him over towards the passenger side of the truck, and heard the defendant call Ms. Covington some names. He also heard the defendant say "I finally got you." Five minutes later, the defendant stopped the truck, pulled Ms. Covington's body out of the truck, then pulled David Harris out of the truck. After the defendant drove off in the truck, David Harris tried to move but found his body unresponsive. David Harris also called out to Ms. Covington but got no response.
After about six hours, in the early morning hours, Everette Gail Jackson and his wife were driving down Craig Road heading toward Ripley when they were flagged down by two men. After being directed to the area where Ms. Covington and David Harris were lying, Mr. Jackson heard a cry for help. As Mr. Jackson approached the area, he saw Ms. Covington and David Harris lying on the ground. While David Harris was fully clothed, the only clothing covering Ms. Covington was her red sweat pants. After looking at Ms. Covington more closely, Mr. Jackson saw that the back of her head looked like it had been "blowed off." Mr. Jackson noticed blood all over Ms. Covington's head and body and saw a .38 revolver lying on the ground not far from where David Harris and Ms. Covington lay. Mr. Jackson also noticed that David Harris had a puncture wound in the side of his neck, resembling a bullet hole. Responding to David Harris' plea for help, Mr. Jackson flagged down a woman and asked her to call 911.
Emergency paramedics responded to the 911 dispatch. Upon reaching the scene, both Ms. Covington and David Harris were checked for vital signs. It was determined that Ms. Covington was dead. However, David Harris was alive and airlifted to a hospital. It was determined that David Harris suffered a spinal cord injury from a gunshot wound to his neck. When asked what happened, David Harris stated that he was shot by his brother.
Mary Cubine, a 911 dispatcher, rece
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