Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 12, 2014
Direct Appeal from the Circuit Court for Marshall County No. 13-CR-128 Forest A. Durard, Jr., Judge
Michael J. Collins, Shelbyville, Tennessee (on appeal), and James Frazier, Lewisburg, Tennessee (at trial), for the appellant, Andrew Lee Davis.
Robert E. Cooper, Jr., Attorney General & Reporter; Jonathan H. Wardle, Assistant Attorney General; Robert Carter, District Attorney General; and James R. Frazier, Assistant District Attorney General, for the appellee, State of Tennessee.
Norma McGee Ogle, J., delivered the opinion of the court, in which Camille R. McMullen and Robert H. Montgomery, Jr., JJ., joined.
NORMA McGEE OGLE, JUDGE
I. Factual Background
At a bench trial, the victim, Lisa Marie Beadle, testified that on June 24, 2013, she and her husband were having a dispute with each other on Facebook. At some point, her father-in-law, the appellant, commented on their posts and "threaten[ed her] with [her] husband's ex-girlfriend." The victim responded that if the appellant "felt like something needed to be done about it, he needed to do it himself." Thereafter, the appellant went to the victim's mother's house on Thomas Avenue, where the victim was staying.
The victim said that she was in the middle bedroom of her mother's house, her nine-year-old daughter was in the kitchen, and Tina Jones, a family friend, was in the back room. The appellant entered the house, went to the back room, and spoke with Jones. As the appellant was leaving, he saw the victim. He spat in her face, pushed her against the wall, and hit her right eye with his closed fist. When the victim told someone to call the police, the appellant quickly left the house. He was driving a gray Buick that belonged to the victim's grandmother.
After the appellant left, the victim called the police station to report the assault. An officer arrived at her mother's house, saw the marks on the victim's eye, and took her statement. The victim could not recall the time of day the incident occurred.
On cross-examination, the victim said that the comments had been deleted from her husband's profile on Facebook. The victim said that although she could not remember the exact time of the incident, the police report indicated that she made her complaint around 10:00 a.m.; therefore, she believed the incident happened a "little before" 10:00 a.m. The victim said that she showed the Facebook comments to the officer.
Lewisburg Police Corporal John Christmas testified that at 10:07 a.m., he was dispatched to Thomas Avenue to investigate a report of an assault. He arrived at the residence at 10:16 a.m. He did not go inside the house, but he spoke with the victim outside. The victim told him that she had been "Facebook messaging" with her husband and the appellant about incidents involving her husband and his sister. Corporal Christmas did not see the Facebook posts. He noticed some redness to the victim's right eye and had an arrest warrant issued, charging the appellant with domestic assault.
Corporal Christmas said that he went to the appellant's address on L&N Avenue to serve the warrant; however, he did not make contact with anyone at the residence.
On cross-examination, Corporal Christmas said that the initial call to police dispatch was made at 10:07 a.m. and that two or three minutes elapsed before ...