Assigned on Briefs July 8, 2014.
Appeal from the Criminal Court for Shelby County No. 12-01044 Lee V. Coffee, Judge.
James E. Thomas, Memphis, Tennessee, for the Defendant-Appellant, Andre Wilson.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Lessie Rainey, Assistant District Attorney General, for the Appellee, State of Tennessee.
Camille R. McMullen, J., delivered the opinion of the court, in which John Everett Williams, J., joined. Jerry L. Smith, J., Not Participating.
CAMILLE R. McMULLEN, JUDGE.
This case arises from a robbery at the B-52 Market in Memphis on July 3, 2011. The Defendant, Andre Wilson, was subsequently indicted by the Shelby County Grand Jury for one count of aggravated robbery of Lawrence Granderson, a Class B felony, and one count of reckless endangerment with a deadly weapon against Romello Brooks, a Class E felony. See T.C.A. §§ 39-13-402, -103. The following proof, in pertinent part, was presented at trial.
David Huggins, store manager of the B-52 Market in Memphis, testified that he was working on July 3, 2011. He explained that the store had four surveillance cameras outside that never stopped recording. He identified a surveillance video from the day in question, which was time stamped at 6:51 a.m. He also identified the Defendant in the video, whom he knew as "NuNu." Mr. Huggins, who had been working at the counter that morning, said that an older man came to the store with a small child, bought some items, and then left. He recalled that the man then returned, "upset and holding his face" and still holding the child's hand. The man reported that he had been hit and robbed. Mr. Huggins stated that the man was bleeding and asked to use the phone to call the police. He did not observe the events outside the store because he had been serving customers at the time.
Lawrence Granderson, the named victim in the aggravated robbery count, testified that he was hard of hearing. The victim said that on July 3, 2011, he returned home at 6:00 a.m. after working the night shift. He then brought his four-year-old grandson, Romello Brooks, to the B-52 Market to get some breakfast. As he was approaching the store, a man who was sitting outside asked him, "Man, you got a dollar?" The victim told the man, later identified as the Defendant, that he did not have any money and entered the store. Because the store was not yet serving food, he used a ten dollar bill to purchase nine one-dollar lottery tickets and received one dollar in change. As he left the store and headed toward his van, the victim said that the Defendant quickly "jumped up" and demanded his money. After the victim told the Defendant that he did not have any money, he observed a gun, which he described as a shiny, dark revolver. He said that the Defendant "had [the gun] on [him]" and "was holding it low" as if to hide it from passersby. He testified that he was afraid because the Defendant pointed the gun at him and "waved it a few times" toward the ground and toward his grandson, who was standing beside him. The victim stated that if the gun had discharged, it would have struck his grandson. He testified that the incident "was just a messed up thing[.]" As he tried to leave, the Defendant pushed him and held the gun on him, demanding money. The Defendant then took the dollar and lottery tickets that were in the victim's hand. As the victim walked toward the store, the Defendant came up behind him and hit him on the side of the face with the gun, drawing blood. The victim then entered the store and called the police. At trial, he was unable to identify the Defendant.
Lashonia Brooks testified that the victim is her stepfather and that her son, Romello Brooks, was four years old in July 2011. After the incident at the B-52 Market, Ms. Brooks said that the victim's face was "messed up" and swollen. She stated that, prior to July 3, 2011, her stepfather did not have a scar on his face. She identified her son and stepfather in the store's surveillance video. Although she could not recognize anyone else in the video, she said that she had known the Defendant and his family all her life.
Sergeant Tim Goodroe of the Memphis Police Department (MPD) took a victim statement and showed a photographic lineup to the victim on July 18, 2011. He said that the victim almost immediately identified the Defendant. The victim signed the bottom of the form and wrote, "This person robbed me at gunpoint."
MPD Sergeant Velynda Thayer testified that she was the lead investigator in the instant case. She obtained the surveillance video from the B-52 Market and developed the Defendant as a suspect. She said that the victim's identification of the Defendant from the photographic lineup "was pretty immediate." After filing a warrant for the Defendant's arrest, Sergeant Thayer was no longer involved in the case.
Sharon Baker testified as the keeper of the records for the Shelby County General Sessions Court Clerk's Office. She authenticated an audio recording from a preliminary hearing in September 2011 where the ...