Assigned on Briefs July 07, 2015.
Appeal from the Circuit Court for Madison County No. 13496 Roy B. Morgan, Jr., Judge.
George D. Norton, Jr., Selmer, Tennessee, for the Appellant, Darrell Anderson.
Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Jerry Woodall, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the Appellee, State of Tennessee.
John Everett Williams, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J. and D. Kelly Thomas, Jr., J., joined.
JOHN EVERETT WILLIAMS, JUDGE.
FACTS AND PROCEDURAL HISTORY
This case arose after the defendant brandished a pistol and threatened the victim. On the afternoon of the incident, the victim noticed that another woman had parked her vehicle in the victim's parking space. The victim asked the woman why she was parked in that spot, and an altercation ensued. The victim and the other woman exchanged blows, and the victim was taken to the ground. She estimated that the fight lasted three to five minutes. The victim's fiancée exited their home and separated the two women. The victim's grandmother also interceded to break up the fight.
The victim returned to her home and went inside. About forty-five minutes later, the victim was walking back and forth between her front yard and her porch discussing the fight with her mother and several others. She noticed a green BMW driving down the street at a high rate of speed. She saw the defendant exit the vehicle and display a pistol. The victim heard the defendant say that he "would light this b***h up." The victim believed that the defendant meant that he would fire the gun at her and her home. Once the victim saw the pistol, she "immediately" ran into her house. She explained that the pistol was not aimed directly at her but that it was pointed "[u]p at" the victim and the others on the porch. The victim testified that she felt "[s]cared for [her] life" and "threatened." She believed that the defendant was "[a]bout ten feet" away from her when she saw the gun, and she estimated that she was able to see the defendant for "[m]aybe 30 seconds to a minute."
Elisa Gray, the victim's mother, testified that she was in the victim's yard when she saw a green car "driving really fast" pull up beside the yard of the victim's next door neighbor. She saw the defendant exit the vehicle with a gun, and she heard him cock the weapon. She also heard the defendant say "something about lighting it up or something like that." She testified that she "was about six to eight feet away from" the defendant at the time. She recalled that the victim ran into her house as soon as the defendant got out of his vehicle with a gun. She was able to memorize the defendant's license plate number, and she later gave the number to police.
Laura Paar, a member of the Jackson Police Department, responded to a call at the victim's residence. She interviewed the victim, who was "very distraught" and "[f]rantic." She also interviewed other witnesses who were present and obtained a physical description of the defendant, along with his license plate number. She issued a "BOLO" containing the defendant's physical description and license plate number. Based on Officer Paar's report, Sergeant Chris Chestnut later compiled a photographic lineup that included a photograph of the defendant. He showed the lineup to the victim, and she identified the defendant.
The defendant did not present any proof. At the conclusion of the trial, the jury found the defendant not guilty of the charge of aggravated assault but convicted him of the lesser included offense of attempted aggravated assault.
The defendant argues that the evidence is insufficient to sustain his conviction for attempted aggravated assault. Specifically, he posits that the evidence in the case was entirely circumstantial and that there is no evidence that he ...