Assigned on Briefs September 3, 2014
Appeal from the Circuit Court for Madison County No. 13115 Donald H. Allen, Judge
Gregory D. Gookin, Jackson, Tennessee, for the appellant, Rothes Taylor
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Jerry Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee
Robert L. Holloway, Jr., J., delivered the opinion of the court, in which Alan E. Glenn, and Robert W. Wedemeyer, JJ., joined.
ROBERT L. HOLLOWAY, JR., JUDGE
On October 23, 2012, Larry Mitchell was working on a rental house he owned. Mr. Mitchell and a co-worker returned to Mr. Mitchell's residence to get some supplies. On the way to his residence, Mr. Mitchell saw the Appellant, Rothes Taylor, and another man walking in his neighborhood. Mr. Mitchell recognized the Appellant because he had known him for several years; the Appellant and Mr. Mitchell's son used to play basketball at the Mitchell home, and the Appellant previously rented a house from Mr. Mitchell. After taking the co-worker back to the rental house, Mr. Mitchell returned home for lunch. In his direct examination, Mr. Mitchell testified:
When I came home, I discovered my shed opened, and a guy was inside my shed there. So I hollered and Mr. Taylor you know, come out. He had already set my compressor and my pressure washer on the ground, and he -- he ran --ran away.
. . .
I ran to confront him to see if it was him[, ] and he ran off.
. . .
I got into my van because I was trying to catch him and see who it was. So I --in the meantime, I was dialing 911 and when I got back on Ridgemont, he was coming from behind someone's house running, and I had gotten in front of him, and called 911 and told them what was going on, and that was blasted. ...