State v. Nix

922 S.W.2d 894, 1995 Tenn. Crim. App. LEXIS 925
CourtCourt of Criminal Appeals of Tennessee
DecidedNovember 21, 1995
StatusPublished
Cited by109 cases

This text of 922 S.W.2d 894 (State v. Nix) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nix, 922 S.W.2d 894, 1995 Tenn. Crim. App. LEXIS 925 (Tenn. Ct. App. 1995).

Opinion

OPINION

TIPTON, Judge.

The defendant, Scott Houston Nix, appeals as of right from his jury conviction in the Criminal Court of Knox County for attempted first degree murder, a Class A felony, especially aggravated robbery, a Class A felony, and aggravated robbery, a Class B felony. He was sentenced to thirty-five years as a Range II, multiple offender for the attempted first degree murder conviction to be served consecutively to sentences from which he was on parole at the time the present offenses were committed. He was sentenced to thirty-five years as a Range II, multiple offender for the especially aggravated robbery conviction to be served consecutively to the attempted first degree murder sentence. He was sentenced to twenty years as a Range II, multiple offender for the aggravated robbery conviction to be served consecutively to the attempted first degree murder and especially aggravated robbery sentences for a total effective sentence of ninety years. He presents the following issues:

1) that the evidence was insufficient to support his convictions for attempted first degree murder and especially aggravated robbery,
2) that the trial court erred in failing to instruct the jury regarding aggravated assault as a lesser included offense of attempted first degree murder and
3) that the sentences imposed by the trial court are excessive.

Carl Jack Edward Martin testified that he and the defendant had known each other for *898 eleven or twelve years. He stated that in September 1992, he agreed to allow the defendant to stay at his residence after the defendant had an argument with his father. He testified that he lived at the residence with the owner of the property, Frank Fara-goh, and took care of the lawn and maintenance of the property. The defendant agreed to take care of the maintenance of the property in exchange for his room and board. Mr. Martin testified that the defendant lived in the two upstairs rooms of the house, Mr. Faragoh lived downstairs and he lived in an apartment over the garage. He testified that the defendant did not receive a set of keys to the house and was not permitted to roam around the house at night once everyone else had gone to bed.

Mr. Martin testified that he was an expert in martial arts and kept many weapons in the trunk of his car. He also stated that he kept a shotgun in the drawer of his waterbed. He reported that before leaving for work on September 3, 1992, he unloaded the shotgun and placed it inside the drawer. He said that he had a friend over that night who left the apartment around 12:30 a.m. on September 4th. After his friend left, he took a shower and went to bed.

Mr. Martin testified that he awoke during the early morning hours of September 4th to find the defendant standing over him and pointing the shotgun in his face. He stated that he grabbed the shotgun and pushed it towards the floor. He said that the defendant “kinda smiled,” making him think that it was just a joke, and he let go of the shotgun. He testified that the defendant pointed the shotgun in his face once more, laid the hammer back and began to pull the trigger. He said that the defendant never said a word to him. He recounted that he grabbed the gun and yanked it away from his face just as it discharged and shot his arm. He said that he ran naked from his apartment as the defendant reloaded the shotgun. He stopped at a few houses but no one offered any assistance. He was found on Alcoa Highway and taken to the University of Tennessee Hospital where his arm was later amputated due to the severity of his injuries. After spending two weeks in the hospital, he returned home to discover that two hundred and seventy-five dollars, a Sony Walkman, his business portfolio, his car keys, a cassette player and a knife had been stolen.

Mr. Faragoh testified that he met the defendant through Mr. Martin and agreed to allow the defendant to stay in his house for a week if he would clean up the property and do yardwork. He stated that the defendant had been living at the house for about three days when the offenses occurred. He said that before the offenses, there had been no problems with the defendant and he had no reason to be suspicious of the defendant. He stated that the defendant did not have any keys to the house. He also confirmed that Mr. Martin kept a shotgun in his apartment for protection.

Mr. Faragoh testified that the defendant came into his room in the early morning hours of September 4th. He said that the defendant had the shotgun and seemed to point it at him. He said that the defendant took twenty dollars from his wallet, without asking and without Mr. Faragoh offering. He said that the defendant ordered him out of his bedroom after he had taken the money. He said that the defendant led him to Mr. Martin’s apartment where he saw a pool of blood on the bed and the floor. He stated that he was paralyzed with fear upon seeing the blood and could not see Mr. Martin anywhere. He said that he had not heard any shots. He stated that the defendant demanded more money. He recounted that when he told the defendant that there was not anymore money, the defendant pointed the shotgun at him. He stated that he ran into the backyard and that the defendant followed him with the shotgun pointed at him. He said that the police arrived and the defendant vanished.

He testified that he did not have a chance to call the police and later found out that they came to the house after finding Mr. Martin. He said that the police took him to the hospital to see Mr. Martin and he went *899 back to the house around 5:00 a.m. to go back to sleep. He awoke to the sound of Mr. Martin’s car alarm and found the defendant trying to start the car. Mr. Faragoh testified that he immediately called 911. He stated that he heard the door opening and put the phone receiver down, telling the operator “Fve got to get away,” as the defendant kicked in the door. Mr. Faragoh stated that he offered the defendant a cup of coffee but he took a beer from the refrigerator instead. The police arrived at the residence and captured the defendant, finding the shotgun attached to his belt but hidden by an overcoat.

Gary Tipton, a Knox County Sheriffs Department patrol officer, testified that he arrived at the Faragoh residence in order to arrest the defendant. He stated that he drew his weapon because he knew that the defendant had shot Mr. Martin the night before. He recounted that he had to order the defendant to raise his hands three or four times before the defendant complied but that he took the defendant into custody without any further trouble. He stated that the defendant seemed to be under the influence of something and was very glassy-eyed. On cross-examination he added that the defendant did not act in a threatening manner but was just nonresponsive. He testified that the shotgun, a hunting knife, money, keys and a beeper were all recovered from the defendant’s person.

Detective Darrell Johnson of the Knox County Sheriffs Department testified that he found Mr. Martin on Alcoa Highway around 1:15 a.m. on September 4th. He then went to the Faragoh residence and found Mr. Far-agoh standing outside. He recovered a spent shotgun shell from Mr. Martin’s bedroom.

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Cite This Page — Counsel Stack

Bluebook (online)
922 S.W.2d 894, 1995 Tenn. Crim. App. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nix-tenncrimapp-1995.