State v. Elkins

102 S.W.3d 578, 2003 Tenn. LEXIS 325, 2003 WL 1961798
CourtTennessee Supreme Court
DecidedApril 29, 2003
DocketE2001-01245-SC-R11-CD
StatusPublished
Cited by376 cases

This text of 102 S.W.3d 578 (State v. Elkins) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Elkins, 102 S.W.3d 578, 2003 Tenn. LEXIS 325, 2003 WL 1961798 (Tenn. 2003).

Opinions

OPINION

The defendant, Darryl Lee Elkins, was tried and convicted of child rape and attempted child rape in the Criminal Court for Sullivan County. The Court of Criminal Appeals unanimously affirmed his child rape conviction and affirmed by majority his attempted child rape Conviction. We granted this appeal to determine whether the evidence was sufficient to support both convictions. After examining the facts and the law relevant to the issues, we hold that the evidence was sufficient to support the defendant’s convictions. We also hold that with respect to the defendant’s attempted child rape conviction, the jury could properly infer from evidence of the subsequent child rape that the defendant intended to commit child rape in the first attack on the victim, and the defendant’s actions in the first attack constituted a substantial step toward the completion of the offense of child rape.

FACTUAL BACKGROUND

In April 1997, the defendant, Darryl Lee Elkins, sexually confronted B.G.,1 the elev[580]*580en-year-old victim in this case, on two separate occasions in Kingsport, Tennessee. B.G., who was thirteen years old at the time of trial, testified that the incidents occurred while he was living at his maternal grandmother’s house. B.G. testified that his mother, his brother and sister, and his aunt stayed in his grandmother’s home on a regular basis. B.G. also testified that his mother’s boyfriend, the defendant, also stayed in his grandmother’s home on occasion.

The first sexual encounter between the defendant and B.G. occurred in early April 1997, when the defendant entered B.G.’s bedroom at night while B.G. was lying facedown on his bed in his underwear. The defendant climbed on top of B.G. and began “bouncing” on him. B.G. told the defendant to stop, but he refused. B.G. testified that he yelled for help and was assisted by his first cousin, Roy Carrico, whom B.G. claimed pulled the defendant off of him and warned the defendant never to touch B.G. again. Although B.G. could not see the defendant’s face at the time of the attack, he identified the defendant by the distinctive tattoos on his arm and hands. During the attack, the defendant did not remove the underwear that B.G. was wearing. However, B.G. could not tell whether or not the defendant’s pants were removed. Additionally, B.G. testified that he did not tell anyone about the incident because he was embarrassed by what the defendant had done to him.

Approximately two weeks later, the defendant entered B.G.’s room again along with B.G.’s mother, Rhonda Williams,2 while B.G. was lying on his bed listening to music. On this occasion, while B.G.’s mother watched from a chair beside the bed, the defendant removed his pants and then B.G.’s clothes and climbed on top of B.G. B.G. testified that he felt the defendant insert his “weiner” into B.G.’s rectum. B.G. testified that the anal penetration lasted for approximately five minutes until he felt a “gooey” substance. B.G. also testified that the defendant placed a knife against his throat and threatened to kill B.G. if he told anyone what had happened. After the rape, B.G. became unable to control his bowel movements and repeatedly “soiled his pants.”

For reasons unrelated to the actions of the defendant in this case, B.G. and his siblings were placed in foster care shortly after the rape. In May 1997, while in the custody of his foster mother, Gloria Martin, B.G. reported to her that he had been raped and sodomized. Ms. Martin promptly contacted the police and the social worker who was assigned to B.G. At trial, B.G. offered conflicting testimony as to what he told Ms. Louise Crum, the counselor who initially spoke with B.G. regarding the attacks. He testified on direct examination that he first told Ms. Crum that Roy Carrico was the person who raped him because “my mom told me to tell her that,” but that he called Ms. Crum back after the initial visit to tell her that the defendant had actually raped him. Subsequently, on cross-examination, B.G. testified that he initially told Ms. Crum that the defendant raped him. Additionally, when he was interviewed by the police during their investigation, B.G. offered conflicting statements concerning whether his mother was in his bedroom at the time of the rape.

Dr. John Heise testified that he examined B.G. on June 4, 1997 after B.G. was referred to his office by the Department of Human Services. Dr. Heise testified that B.G. stated at the initial examination that [581]*581the defendant had twice sexually accosted him and on the second occasion had raped him. Dr. Heise testified that during B.G.’s physical examination he observed that B.G.’s rectum had lost much of its natural tone. He also stated that B.G.’s rectum was “slightly open or gaping when it should have been closed tight” and that this condition was consistent with what B.G. had told him about being anally penetrated. The result was that B.G. often experienced encopresis, an oozing involuntary leakage of feces from the rectum. Dr. Heise opined that although B.G. suffered “psychic” trauma as a result of the rape, the encopresis was most likely the result of the physical injury.

For the defense, Roy Carrico testified that he knew B.G., but was not sure that they were related. He also testified that he had known the defendant for approximately four years. Mr. Carrico refuted B.G.’s testimony by stating that he never saw the defendant attack B.G., and he denied that he ever pulled the defendant off of B.G. At the time of trial, Mr. Carrico was in custody on an unrelated charge, and he admitted that he had been convicted of aggravated assault and theft.

B.G.’s mother, Rhonda Williams, testified that she had engaged in an affair with the defendant while she was still married to B.G.’s father. She also admitted that the defendant stayed overnight with her at her mother’s home. However, she claimed that by April 1997, B.G. was no longer firing in his grandmother’s home, but that when he did stay over, he would sleep in his grandmother’s room. She also testified that she had no personal knowledge of either the attempted rape or the rape of B.G. by the defendant. She testified: “I would have killed Darryl. I would not stand by and let somebody hurt my child.” In addition, Williams denied trying to coerce B.G. into claiming that it was Roy Carrico who attacked him. On cross-examination, she admitted that she had been convicted of fraud in 1995. The defendant did not testify.

At the conclusion of the proof, the trial court instructed the jury on the offenses of child rape and attempted child rape. Following deliberation, the jury returned guilty verdicts on both counts. On appeal, the Court of Criminal Appeals unanimously affirmed the defendant’s child rape conviction and affirmed by majority his attempted child rape conviction. For the reasons stated herein, we affirm the Court of Criminal Appeals and hold that the evidence was sufficient to support the defendant’s convictions for child rape and attempted child rape.

ANALYSIS

Standard of Review

When a criminal defendant challenges the sufficiency of the evidence, “the standard for review by an appellate court is whether, after considering the evidence in a fight most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” State v. Smith, 24 S.W.3d 274, 278 (Tenn.2000) (quoting State v. Buggs,

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Cite This Page — Counsel Stack

Bluebook (online)
102 S.W.3d 578, 2003 Tenn. LEXIS 325, 2003 WL 1961798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elkins-tenn-2003.