Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs September 13, 2016
from the Criminal Court for Davidson County No. 2014-B-1662
J. Randall Wyatt, Jr., Judge
A. Collins, Nashville, Tennessee, for the appellant, Lamonez
Herbert H. Slatery III, Attorney General and Reporter;
Caitlin Smith, Assistant Attorney General; Glenn R. Funk,
District Attorney General; and Jude Santana and Jeffrey
Jackson, Assistant District Attorneys General, for the
appellee, State of Tennessee.
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Robert L. Holloway, Jr., and Timothy L. Easter, JJ.,
CURWOOD WITT, JR., JUDGE
Davidson County Grand Jury charged the defendant with one
count each of attempted first degree murder, especially
aggravated robbery, employing a firearm during the commission
of a dangerous felony, and attempted aggravated robbery,
arising out of the robbery and attempted murder of Arterries
Chatman and the attempted robbery of Marshaqueze Clark. The
trial court conducted a jury trial in August 2015.
State's proof at trial showed that, shortly after
midnight on December 24, 2013, Mr. Chatman drove Ms. Clark
and her four-year-old daughter to Ms. Clark's residence
on Nocturne Drive. When the trio arrived at the residence and
got out of the vehicle, the defendant appeared out of some
nearby bushes brandishing a handgun and told Mr. Chatman to
"'come on with it.'" Mr. Chatman took that
demand to mean that the defendant intended to rob him, and
Mr. Chatman responded that he "'don't got
nothing.'" Mr. Chatman recalled that the defendant
was pointing the gun at him and that he felt fearful. The
defendant instructed Ms. Clark to "'just get you and
your daughter and you go on[, ] you ain't got nothing to
do with this.'" After Ms. Clark entered her
residence, Mr. Chatman continued to argue with the defendant,
and the defendant shot Mr. Chatman once in the left leg below
the knee. At that point, Mr. Chatman fell to the ground, and
the defendant stole his iPhone and $90 in cash. Mr. Chatman
testified that nothing was covering the defendant's face
and that he "could see him clearly." When asked at
trial to describe the level of pain the shooting caused, Mr.
Chatman stated, "They say 1 to 10. I'm going to rate
it to 1 to 20."
Clark testified that she heard the gunshot as she was running
away, and she stated that she called 9-1-1 from her mobile
telephone as she was entering her apartment. Once she was
inside, Ms. Clark looked through her apartment window and saw
Mr. Chatman lying on the ground while the defendant searched
through Mr. Chatman's pockets.
Nashville Police Department ("Metro") Officer
Bradley Hambrick responded to the call of a shooting at
Nocturne Drive, and when he arrived at the scene, he
discovered Mr. Chatman seated on the apartment building's
exterior steps. Officer Hambrick observed that Mr. Chatman
"was in some pain" and noticed that "[t]here
was a lot of blood." It was "very apparent" to
Officer Hambrick that Mr. Chatman had been shot. Mr. Chatman
described the shooter to Officer Hambrick as "an African
American male in his early 20s" who was approximately
six feet tall, "160 pounds and that he was wearing blue
jeans, a red shirt, with a gray hoodie" with
"dreadlocks" and "a medium skin
complexion." Officer Hambrick recalled that Ms.
Clark's description of the shooter matched that of Mr.
Chatman's. Ms. Clark admitted at trial that the defendant
was related to her brother and that, although she knew the
defendant when they were both younger, she did not
immediately recognize him on December 24 because he had aged
and "look[ed] different." Ms. Clark also conceded
that others had contacted her following the shooting and
informed her that the defendant was the perpetrator.
Chatman was transported to the hospital, where he stayed
overnight for treatment of his gunshot wound. He testified
that the injury had caused nerve damage and that he had been
undergoing physical therapy since the shooting.
Detective Tim Codling testified that another Metro officer
and Ms. Clark had both provided the defendant's name to
him as a possible suspect in the shooting and robbery. On
January 29, 2014, both Mr. Chatman and Ms. Clark viewed
separate photographic lineups prepared by Detective Codling,
and both positively identified the defendant as the shooter.
The photographic lineups were introduced into evidence, and
the photograph of the defendant showed an African-American
male with dreadlocks.
parties stipulated that Metro officers "came into
contact" with the defendant on April 5, 2014; that
"a 9mm semi-automatic Ruger" firearm "was
recovered in close proximity to the defendant"; that the
defendant "had a cut on his hand"; and "that
there was blood on the gun." Metro Officer Arthur Hipp
testified that he took "DNA swabs" from the Ruger
handgun and that the swabs were given to the Tennessee Bureau
of Investigation ("TBI") for testing.
Agent Chad Johnson testified as an expert in the field of
forensic biology. Agent Johnson conducted deoxyribonucleic
acid ("DNA") testing on the swabs taken from the
handgun and compared it to a buccal swab taken from the
defendant, concluding that the blood matched the
defendant's DNA. TBI Agent Jessica Hudson testified as an
expert in the area of firearms and tool mark identification.
Agent Hudson conducted testing on the firearm at issue and
determined that a nine-millimeter cartridge casing recovered
from the crime scene had been fired from that weapon.
this evidence, the State rested. Following the
defendant's motion for judgments of acquittal and a
Momon colloquy, the defendant elected not to testify
and chose not to present any proof. After taking the
defendant's motion under advisement, the trial court
denied the motion as to the first three counts of the