Court of Criminal Appeals of Tennessee, Nashville
Session March 8, 2016
from the Criminal Court for Davidson County No. 2012-A-471
Mark J. Fishburn, Judge
L. Brand, Nashville, Tennessee, for the appellant, Quincy
Terrell Brando Sharpe.
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Counsel; Glenn R. Funk, District Attorney
General; and Janice Norman, Assistant District Attorney
General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the Court, in
which D. Kelly Thomas, Jr. and Camille R. McMullen, JJ.,
T. WOODALL, PRESIDING JUDGE
and his co-defendant, Deandre Rucker, were convicted for the
first degree premeditated murder in the shooting death of
Demetrius O. Riley.
Carter testified that her seventeen-year-old grandson Darius
Rucker (who is not related to co-defendant Deandre Rucker)
lived with her in October, 2009. At approximately 1:30 p.m.
on October 8, 2009, Ms. Carter was sitting outside of her
home. She testified that Defendant came to her house looking
for her grandson. She told Defendant that he had not yet
arrived home from school. At approximately 2:30 or 2:45 p.m.,
an orange Pontiac driven by Deandre Rucker pulled up in front
of her house. Defendant got into the vehicle, and the car was
driven away. Ms. Carter knew Defendant by the nickname of
"Bran-Bran." Ms. Carter's grandson arrived home
from school shortly after they left. Deandre Rucker dropped
off Defendant at Ms. Carter's home 30 to 45 minutes after
they left. She recalled that Jerry Springer was on
television, and that show came on at 3:00 p.m.
Carter testified that Defendant was "[s]cary
looking" when he returned. She testified that "his
eyes were big, " and she asked him what he had done. Ms.
Carter followed Defendant inside, and Defendant asked to wash
his hands. He asked Ms. Carter if she had any bleach.
Defendant asked Ms. Carter's grandson to borrow a pair of
shoes. Defendant changed shoes and put the shoes he had been
wearing inside the neighbor's Jeep. Ms. Carter heard
Defendant tell her grandson that he (Defendant) had shot
"Deboskey." Ms. Carter testified that she heard
Defendant tell her grandson that he shot the victim, the
victim fell, and Defendant "went over and shot him again
and stood there and looked at the blood run out of his
mouth." Ms. Carter heard helicopters flying around
outside her home. She testified that Defendant called Deandre
Rucker and told him that he "needed to get rid of that
orange car." Defendant left Ms. Carter's house
approximately 20 minutes after he arrived. Ms. Carter
testified that she did not contact the police because she
"was afraid for [her]self and [her] grandson." Ms.
Carter eventually contacted Sergeant Pat Postiglione after
she had moved out of state.
cross-examination, Ms. Carter testified that she did not see
Defendant with a gun on the day of the shooting, and she did
not see any blood on Defendant. She recalled that she also
heard Defendant tell Deandre Rucker "to get rid of the
gun as well [as] the orange Pontiac." Ms. Carter
testified about an incident in September, 2010, where Deandre
Rucker came to her house with a gun. She contacted police in
October, 2010, about the incident that occurred one year
prior. Ms. Carter acknowledged that some of her statements to
detectives were inconsistent. She agreed that she told
Detective Tarkington that there was a third man in the car,
but she had previously told Detective Fuqua that she did not
see anyone else in the car. She also acknowledged that she
did not testify in a prior court proceeding in January, 2011,
that Deandre Rucker had threatened her grandson in 2009. Ms.
Carter testified that she had been reluctant to come forward
because of violence in the neighborhood.
Hall testified that she was sitting on her front porch in
October, 2009, when the victim, who was known as
"Deboskey, " was shot. She saw Deandre Rucker
driving an orange car. She testified that her boyfriend,
William Stokes, who was known as "Chill Will, " was
in the front passenger seat with the window down. She heard
Mr. Stokes say that they were "gonna handle some
whacks." About 30 or 40 minutes after the car left, Ms.
Hall learned that someone had been shot nearby. Ms. Hall
testified on cross-examination that she knew Defendant, and
she did not see him inside the orange car. She agreed that
she told Detective Fuqua that she could not see who was
inside the car because the windows were tinted. Ms. Hall
testified that Mr. Stokes died prior to trial.
Mount, Jr., testified that he was currently incarcerated on
federal drug trafficking charges. Mr. Mount had previously
been incarcerated with Defendant. He testified that while
they were cellmates, Defendant told him that he shot the
victim "three times, then ran up on him and shot him
some more." He testified that he and Defendant had
"numerous conversations" about the shooting and
that Defendant had initially asserted his innocence, but he
admitted the shooting after he became more comfortable around
Flenoy was serving a sentence for aggravated assault. He
testified that the victim was his "homeboy." He
testified that he did not know Defendant before the shooting.
On October 8, 2009, Mr. Flenoy was walking down the street
with the victim when an orange car drove past them. He
testified, "we didn't think that car was fixin'
to shoot or whatever, you feel me, so we kept on
walking." About five or ten minutes later, "a
little dude come down the hill . . . and started
shooting." As Mr. Flenoy ran, he looked back and saw the
victim fall to the ground. Mr. Flenoy testified that he
"didn't get a good look at [the shooter's] face,
" but he looked young, "like he was just . . . out
Thomas Deering testified that the victim died as a result of
multiple gunshot wounds of the torso.
Pat Postiglione testified that in October, 2010, he was
contacted by Evelyn Carter, who stated that she had
information about the shooting but was afraid to come
forward. Sergeant Postiglione met with Ms. Carter, and she
provided the names of three suspects: Defendant, Deandre
Rucker, and William Stokes. Sergeant Postiglione testified
that he instructed Ms. Carter not to say anything about her
cooperation with police when she went to court on an
unrelated matter involving Deandre Rucker. Sergeant
Postiglione testified that Ms. Carter told him that it was a
few hours between the time that the orange car left her house
and when it returned.
Marquita Winters testified that the victim, whose nickname
was Deboskey, was the father of one of her children. She knew
Defendant and Deandre Rucker. In August, 2011, Defendant
called Ms. Winters and told her that he needed to talk to
her. Defendant told Ms. Winters that he had killed the victim
and promised that he would care for her son as if he was the
child's father. Ms. Winters waited a few days before she
contacted the police because she was hoping to get more
information from Defendant.
Norris Tarkington, an investigator with the Metro Police
Department's Cold Case Unit, testified that he was
assigned to investigate the case in January, 2011. He had
also been to the crime scene on the day of the shooting. He
testified that six shell casings that came from the same
weapon were recovered from the crime scene, but the weapon
was never recovered. Detective Tarkington interviewed Ms.
Carter. He testified that her prior statements to other
investigators were "just pretty much down the line just
like she told me." Ms. Carter told Detective Tarkington
that Defendant left in the orange car with Deandre Rucker and
they returned approximately 30 minutes later. Ms. Carter was
afraid, and Detective Tarkington escorted her to court on
another case involving Rucker.
Tarkington also interviewed Semeca Hall after he reviewed
notes from Detective Fuqua's interview of Ms. Hall in
October, 2009. Ms. Hall identified Deandre Rucker as the
driver of the orange car. She knew Rucker by his nickname
"Dreezy." Ms. Hall told Detective Tarkington that
William Stokes was also in the car and that she heard someone