Court of Criminal Appeals of Tennessee, Nashville
Session April 21, 2015.
Appeal from the Criminal Court for Davidson County No. 2009-B-1143 Monte Watkins, Judge.
Richard C. Strong, Nashville, Tennessee (on appeal); and Paul Walwyn, Madison, Tennessee (at trial), for the Appellant, Stanley Bernard Gibson.
Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Glenn R. Funk, District Attorney General; and Antoinette Welch and John Zimmerman, Assistant District Attorney General, for the Appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Roger A. Page, JJ., joined.
ALAN E. GLENN, JUDGE.
Sergeant Brink Fidler of the Metropolitan Nashville Police Department ("MNPD") testified that he was assigned to the Twentieth Judicial District Drug Task Force. He said that his unit received a telephone call from the South Precinct Crime Suppression Unit that it had gone to a residence in Antioch after patrol officers had responded to a burglar alarm. At the residence, officers found signs of a forced entry and, upon checking inside, found "twenty-something" pounds of marijuana in a pantry in the kitchen. Subsequently, Sergeant Fidler's unit was called to the scene and determined that an individual named Fontaine Cabels lived there. In the trunk of a vehicle inside the garage at the residence, officers found approximately $73, 000 in cash. They discovered that the vehicle was registered to Mr. Cabels but at a different address, 506 Moore Avenue. He said that it was common for drug dealers to use the name of another for a place where drugs are kept or a vehicle in which they are transported. Officers believed that the 506 Moore Avenue location was Mr. Cabels' "stash house."
Sergeant Fidler said that a search warrant was obtained for the Moore Avenue residence, but before it was executed on November 4, 2008, he conducted a "pre-raid surveillance" of the residence and observed the defendant and his girlfriend, Tameka Scales, come in and out of the residence a few times. Ms. Scales eventually left in her vehicle. Through a glass storm door, he saw the defendant sitting on a couch. Later, when officers executed the warrant, the defendant was standing "just inside the front door." Another officer found the defendant's driver's license in a drawer in the bedroom. Two duffle bags, a blue one and a red and black one, were found inside the door, "inches" from where the defendant had been sitting. In the blue bag were a Frago Arms semi-automatic three-eighty pistol, digital scales, clothing, two bags of cocaine, and a blue bandana. Inside the red and black bag were papers, a notepad, a forty-four magnum Desert Eagle handgun, gloves, and the defendant's student identification for the International Academy of Design and Technology. Sergeant Fidler said that the larger bag of cocaine found in the blue duffle bag contained seven grams of powder cocaine, and the smaller bag contained 1.4 grams of crack cocaine. On the defendant's person, officers found a small bag of cocaine.
Detective Joseph Simonik of the MNPD testified that he was assigned to the Twentieth Judicial District Drug Task Force and that the search of the residence at 128 Cook Drive in Antioch yielded thirty-two pounds of marijuana and $73, 640 in cash. Officers then obtained a search warrant for the 506 Moore Avenue residence. As officers were executing the warrant, Tameka Scales arrived with her infant child and was taken into custody. The defendant was determined to be the child's father.
David Kline testified that he was the manager of the Mapping Division for the Nashville Planning Department. He said he prepared a map showing that the Moore Avenue residence was within 1000 feet of Fall Hamilton Elementary School. Steve Keel testified he was the School Security Operations Manager for the Metro-Nashville Public Schools. He said that Fall Hamilton Elementary School was open in 2008 and had students from pre-kindergarten through fourth grade.
Tennessee Bureau of Investigation ("TBI") Special Agent/Forensic Chemist Denotria Patterson testified that the white powder found on the defendant's person contained cocaine and weighed 0.04 grams. The bag of rock-like substance found in the blue duffle bag weighed 1.4 grams and was cocaine-based, while the other bag contained 7.0 grams of powder cocaine. Following this testimony, the State rested its case-in-chief.
The defendant testified that, on November 4, 2008, he was living with his mother in Lavergne. Tameka Scales was his girlfriend, and they had an infant son together. He said he stayed at her residence "every now and then." On the day of his arrest, he had just arrived at her residence, where they argued; and she left in her vehicle. After she returned, officers arrived at the residence. When he was searched, he had on his person "a couple of hundred dollars and a little powder pack" that he used. His brother had given him the money to buy the defendant's son "stuff, like Walmart stuff." He denied that the weapons found at the residence were his. Additionally, he denied that he sold drugs or knew anyone who did.
On cross-examination, he said that the red and black bag at the house was his, but he had left it there previously. He said that police had planted his student identification and the Desert Eagle pistol in the bag. The defendant acknowledged that he was sentenced to twenty years in 2002 for the facilitation of second degree murder and to ...