State v. King

694 S.W.2d 941, 1985 Tenn. LEXIS 608
CourtTennessee Supreme Court
DecidedAugust 5, 1985
StatusPublished
Cited by59 cases

This text of 694 S.W.2d 941 (State v. King) 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. King, 694 S.W.2d 941, 1985 Tenn. LEXIS 608 (Tenn. 1985).

Opinions

OPINION

HARBISON, Justice.

Appellant was convicted of murder in the first degree and sentenced to death by electrocution. After consideration of the briefs and argument of counsel and the entire record, we affirm the judgment.

On May 27, 1982, appellant shot William Mark Lockridge, proprietor of a tavern known as the Third Street Inn in Columbia, [943]*943Tennessee. Mr. Lockridge, who was forty-two years of age, died a week later at Vanderbilt Hospital. The single shot entered his body at the left side of the neck and followed a downward trajectory, damaging the spinal cord and several vertebrae. As far as the record reveals, Mr. Lockridge never regained consciousness after being shot.

Appellant, Tommy Lee King, was thirty-two years of age at the time of the trial. He had had five previous felony convictions. On several occasions he had been granted probation, but he continued to commit further offenses. He was on probation from a previous conviction at the time he shot Mr. Lockridge.

Appellant and a codefendant, Ronald Davis, lived in Chattanooga, but they had been in Columbia for a few days prior to the homicide. They had been traveling in a car belonging to the sister of Mr. Davis. It needed repairs, and they had taken it to a repair shop near the place of business of Mr. Lockridge. Lacking funds to pay for the repairs, they had attempted to sell to Mr. Lockridge and others some stolen dry goods. There is also testimony that they had attempted to sell a .357 magnum pistol on the day before the homicide.

At the trial, appellant insisted that he did not possess such a weapon, but that Mr. Lockridge did. There was conflicting testimony on the point, several witnesses stating that they had never known Mr. Lock-ridge to own or possess a pistol. After the homicide, appellant and Davis returned to Chattanooga, and a .357 magnum pistol was found secreted in the apartment where King was staying. Ballistics testimony established clearly that the fatal shot was fired from this weapon.

Witnesses at the scene of the homicide, which occurred between 10 and 11 p.m. on May 27, 1982, testified that King was in possession of the weapon at the time of the shooting and thereafter. He claimed that he took it from Lockridge during a struggle, but there is abundant testimony in the record to refute this contention. Most of the witnesses testified that Lockridge was not armed. Several of them testified that both appellant and Davis were armed when they came into the restaurant and appellant demanded to see the owner.

It was the contention of appellant that the shooting was accidental. He contended that earlier in the day the victim, Mr. Lock-ridge, had agreed to buy some blue jeans and other merchandise from but did not have correct change to pay for them. He stated that Lockridge told him to come back later, and that this was the purpose for the return of appellant and Davis to the tavern shortly before it was due to close. Appellant testified that Mr. Lockridge refused to pay for the merchandise, and that a struggle ensued in which Lockridge attempted to draw his pistol. Appellant contended that the pistol was fired accidentally during the course of this struggle. He and Davis fled, stealing Mr. Lockridge’s automobile, which they took to Chattanooga. It was found the next day outside the apartment in which appellant was staying.

The great weight of the testimony is to the contrary. Numerous witnesses testified that appellant and Davis entered the tavern near closing time and that appellant demanded to see the owner. He fired a shot into the ceiling of the restaurant and required the owner and three other persons present to lie down on the floor, stating that he intended to rob them. He and Davis did proceed to rob some of these persons, as well as to rifle Mr. Lockridge’s cash register and take his ear keys. After all of the occupants were on the floor, another patron came in, having heard the first shot, and he, too, was ordered to lie down. He managed to escape into a restroom, where he and another witness remained until after the shooting was over. They heard at least one additional shot which, according to the State’s testimony, was the shot which proved fatal to Mr. Lockridge.

Appellant and Davis ran from the tavern into the street, where Davis first got into an automobile belonging to one of the witnesses. It was very similar to the vehicle owned by Mr. Lockridge. The witness pro[944]*944tested, and Davis then got into Lockridge’s vehicle. He was followed by King, who forced the witness, Yolanda Williams, to lie on the street at gunpoint, while appellant and Davis made their escape.

The jury found that appellant had committed murder in the first degree during the perpetration of an armed robbery, and there is overwhelming evidence to support that conclusion. They found this also to be one of the aggravating circumstances at the sentencing hearing.1 In addition they found that appellant had knowingly created a great risk of death to two or more persons other than the victim during the course of the homicide,2 and that in addition he had been convicted previously of crimes involving violence or a threat of violence to the person.3 Two of his prior convictions involved kidnapping and attempted robbery, both of which, by definition, involve personal violence or the threat thereof. Appellant attempted to explain the circumstances of the kidnapping and to deny that it was violent, but he admitted that he had pled guilty to that offense on a previous occasion. The evidence presented a question for determination by the jury as to whether he had previously been convicted of violent crimes, and they were not bound to credit his attempts to explain away the previous offenses to which he had pled guilty. Even if the proof as to this aggravating circumstance were marginal, the record overwhelmingly supports the conclusions of the jury as to the other two aggravating circumstances which they found.

Very little was offered by way of mitigating circumstances other than appellant’s insistence that he was morally justified in his actions because Mr. Lockridge had refused to pay him for merchandise and his insistence that the shooting was accidental. Both of these were jury questions, and the jury was not bound to accept appellant’s version of these factual issues.4 Appellant testified at both the guilt and the sentencing phases of the trial, and his credibility was drawn into issue in numerous instances. In addition, at the sentencing phase, a character witness testified that appellant’s reputation for truth and veracity was poor.

On appeal, appellant does not question the sufficiency of the evidence to support the jury verdict of guilt or deny that there was material evidence with respect to the three aggravating circumstances found. Seven issues have been presented for review.

In the first of these appellant insists that the trial judge erred in not permitting his counsel to introduce appellant’s prior statement. This was offered during the cross-examination of a detective who took the statement. The statement was exculpatory in that appellant contended in it, as he did in his trial testimony, that the shooting was accidental. Appellant has cited very little authority for the introduction of his own self-serving statement given to the police. The State did not offer the statement in evidence or attempt to use it against appellant in any way. In our opinion the trial judge correctly excluded it.

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Cite This Page — Counsel Stack

Bluebook (online)
694 S.W.2d 941, 1985 Tenn. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-king-tenn-1985.