State v. Pierce

23 S.W.3d 289, 2000 Tenn. LEXIS 357, 2000 WL 799076
CourtTennessee Supreme Court
DecidedJune 22, 2000
DocketE1997-00053-SC-R11-CD
StatusPublished
Cited by66 cases

This text of 23 S.W.3d 289 (State v. Pierce) 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. Pierce, 23 S.W.3d 289, 2000 Tenn. LEXIS 357, 2000 WL 799076 (Tenn. 2000).

Opinion

OPINION

DROWOTA, J.,

delivered the opinion of the court,

in which ANDERSON,. C. J., BIRCH, HOLDER and BARKER, JJ. joined.

The appellant, Lon Mitchell Pierce, Jr., was fleeing from law enforcement officials in a van that another person had stolen in Florida twenty days earlier when the stolen van he was driving collided with a Sullivan County deputy’s patrol car. The deputy died almost immediately from injuries he sustained in the collision. As a result of the deputy’s death, the appellant was charged with and convicted of first degree murder in the perpetration of a theft. In the Court of Criminal Appeals, the appellant challenged the sufficiency of the evidence to support his conviction and argued that the felony murder rule should not be applied because the killing was collateral to and not in pursuance of the felony of theft. In a split decision, the Court of Criminal Appeals rejected the appellant’s claim of insufficient evidence and affirmed his conviction of felony murder. Thereafter, we granted permission to appeal to determine whether the evidence is sufficient to establish that the murder was committed “in the perpetration of’ the theft. After carefully considering the record and the relevant legal authority, we conclude that the evidence is not sufficient to support the appellant’s conviction of felony murder because the killing and the initial theft or taking of the van were not connected in time, place, causation and *291 continuity of action. Accordingly, the appellant’s conviction is vacated and the case is remanded for a new trial. 1

Background

The events giving rise to this appeal began on November 2, 1995, in Orlando, Florida. On that day, Nora Comacho and her husband stopped their blue 1995 Dodge Caravan at a 7-11 convenience store for gasoline. Passengers in the van included their fourteen-year-old daughter, Sarah Comacho, the appellant, fifteen-year-old Lon Mitchell Pierce, Jr., his sixteen-year-old girlfriend, April Worley, and an unidentified four-year-old child who was temporarily in Worley’s care.

Ms. Comacho went into the convenience store and bought her daughter a soft drink. When Ms. Comacho returned to the vehicle, Sarah became upset because the soft drink was in a cup rather than a bottle and she and her mother argued. Apparently as a result of this argument, Sarah jumped into the driver’s seat of the van while her father was inside the store and her mother was pumping gasoline. She then hit the automatic door locks and sped away from the convenience store, tearing the hose from the gasoline pump.

An employee of the convenience store immediately notified the Orlando Police Department of the incident. Nora Coma-cho completed a stolen vehicle affidavit and a sworn written statement, 2 and the employee of the convenience store filled out an incident report with respect to the property damage to the gas pump. Identifying information concerning the stolen vehicle was entered into the computer database of the National Crime Information Center, and a nationwide bulletin was issued reporting the vehicle as stolen.

About twenty minutes after taking the van, Sarah, realizing her inexperience as a driver, pulled over and asked the appellant to drive. The appellant agreed, and immediately drove the four-year-old child to the child’s home. Worley then suggested that the trio drive to Bristol, Virginia to visit her grandmother. Worley and the appellant alternated driving and arrived in Bristol, Virginia from Orlando, Florida, approximately twelve hours later.

For the next approximately three weeks, the three teenagers stayed either with Worley’s grandmother at her residence in the Rice Terrace Apartments or at local motels. The three spent their time “mostly [riding] around .. .'to different cities [in Tennessee].” During this period, “Sarah [Comacho] got caught shoplifting a Notre Dame jacket from K-Mart in Kingsport.” Although the trio was able to escape, they believed that store personnel had obtained the license number of the van. As a result, they located a van of the same color and type as the stolen vehicle they were driving, stole the license plate from that van, and “threw the old plate in the dumpster at a mini-market.”

On November 22, 1995, twenty days after Sarah had taken the van from her parents in Orlando, Florida, police officers in Bristol, Virginia, received information that a possible stolen blue Dodge van was located in the Rice Terrace area. At approximately 3:15 p.m., two Bristol, Virginia officers located a vehicle matching that description parked on Buckner Street near the Rice Terrace Apartments. The officers observed for about ten minutes what they believed to be an unoccupied van. When the van pulled out of the parking lot, the officers followed the van, activated their blue lights, and attempted to make a traffic stop when the van failed to stop at *292 an intersection before turning right. Rather than stopping for the officers, the van accelerated, crossed the double line, and passed a school bus that was unloading children. A three minute pursuit ensued through Bristol,Virginia, during which the van driven by the appellant violated numerous traffic laws. When the van crossed out of Virginia into Tennessee, the Virginia officers terminated their pursuit and notified law enforcement authorities in Bristol, Tennessee that the van was approaching.

Locating the fleeing vehicle, Bristol, Tennessee police officer James Breuer activated his emergency lights and sirens and continued the pursuit. Officer Breuer described his pursuit as a low speed chase, approximately forty-five miles per hour in a twenty-five mile per hour speed zone. According to Officer Breuer, the van “would slow down almost to a stop to allow vehicles in front of him to pull over.” As the chase continued, Officer Breuer was joined by Lieutenant Danny Baines of the Bristol police department. Once outside the city limits, Captain Daryll Chambers of the Sullivan County Sheriff’s Department took the lead in the pursuit. While the Bristol officers continued to follow the van, they deactivated their emergency equipment.

The chase continued through Sullivan County on Route 44 at speeds of twenty-five to sixty-five miles per hour. During the pursuit, officers for both the City of Bristol and the Sullivan County Sheriffs Department were advised by radio broadcasts that the van was possibly a stolen vehicle and that it possibly contained both weapons and narcotics. 3 Approximately fourteen miles into the chase, Sullivan County Deputy Steve Mullins notified Captain Chambers that he was located in front of the pursuit, traveling in the opposite direction and that he would “try to cut them off’ somewhere ahead. Shortly thereafter, Captain Chambers was able to see the blue lights from Deputy Muhins’ patrol car, approximately four-tenths of a mile ahead. Deputy Mullins had positioned his patrol car diagonally across the roadway to set up a “road block.” The front portion of Deputy Mullins’ patrol car extended approximately two feet over the center line into the lane of oncoming traffic, but enough space remained in that lane for a vehicle to safely maneuver around the patrol car.

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Cite This Page — Counsel Stack

Bluebook (online)
23 S.W.3d 289, 2000 Tenn. LEXIS 357, 2000 WL 799076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pierce-tenn-2000.