Court of Criminal Appeals of Tennessee, Nashville
Session June 21, 2016
from the Criminal Court for Davidson County No. 2012-C-2144
J. Randall Wyatt, Jr., Judge
Richard C. Strong, Nashville, Tennessee, for the appellant,
Javonta Marquis Perkins.
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Assistant Attorney General, Senior Counsel; Glenn R.
Funk, District Attorney General; and Mindy Morris and Jude
Santana, Assistant District Attorneys General, for the
appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the court, in
which John Everett Williams, J., joined. Norma McGee Ogle,
J., concurring in part and dissenting in part.
TIMOTHY L. EASTER, JUDGE.
History and Factual Summary
August 6, 2012, the Davidson County Grand Jury indicted
Defendant on one count of aggravated robbery, one count of
carjacking, one count of aggravated assault, one count of
evading arrest, and one count of possession of a weapon
during the commission of a dangerous felony.
trial, the proof showed that, on March 3, 2012, between 1:30
a.m. and 2:00 a.m., Maurice Hegwood went to his parents'
home to deliver medicine to his mother. As Mr. Hegwood exited
his vehicle, two men approached him. One of the men pointed a
gun at Mr. Hegwood's head and ordered Mr. Hegwood onto
the ground. The gunman took the keys to Mr. Hegwood's
newly-purchased white 2009 Pontiac G-6 and handed them to the
other man. The other man then attempted to reverse the
Pontiac out of the driveway and into the road; however, he
hit the house twice, damaging both the vehicle and the home.
Mr. Hegwood heard the gunman accuse the other man of not
knowing how to drive and demand that the other man "get
out of the car." The gunman then commandeered the
driver's seat, and the men drove away.
trial, Mr. Hegwood identified Defendant as the gunman. Mr.
Hegwood testified that the home had motion-censor lights
located on the porch near the garage and that the driveway
was well-lit during the altercation. Mr. Hegwood was able to
see the gunman's face while he was on the ground.
2:00 a.m. and 2:30 a.m. of the same night, two men approached
Edward Crowder as he exited his vehicle in the driveway of
his home, located only a few miles away from the Hegwood
residence. Mr. Crowder heard "a couple of car doors
closing" and saw a "light-colored" vehicle
which was "running as though the muffler had damage to
it or something was wrong with it." As Mr. Crowder
walked along his driveway, two men approached him while
pulling hoods over their heads. The two men moved quickly
toward Mr. Crowder. Feeling threatened, Mr. Crowder produced
a firearm from his right pocket. One of the men walked into
Mr. Crowder's yard and pulled a gun from his pants. In
response, Mr. Crowder retrieved another firearm with his left
hand and turned around to confront the gunman. As soon as Mr.
Crowder displayed the two firearms, both men ran back to the
vehicle and sped away.
Crowder was unable to identify either man because their hoods
covered their faces and because they never came closer than
"fifteen to twenty feet." However, Mr. Crowder
testified that the gunman appeared taller than the other man.
Nicholas Carter of the Metro Police Department responded to
the Hegwood residence and observed that the driveway had
"enough ambient light to where [he] did not use a
flashlight" to illuminate his notepad while taking
notes. Mr. Hegwood told Officer Carter that he would be able
to identify the gunman but not the other man. Mr. Hegwood
was, however, able to describe the race, gender, height, and
clothing of each perpetrator. Mr. Hegwood told Officer Carter
that the gunman was the taller of the two men.
interviewing Mr. Hegwood, Officer Carter was notified that
two black male suspects in "a white or light-colored
vehicle had . . . attempted to commit another robbery close
by." At approximately 2:55 a.m., while driving an
unmarked vehicle, Officer Carter spotted a white 2009 Pontiac
G-6 driving towards him on Trinity Lane. Officer Carter
pointed his spotlight at the license plate and saw two
individuals in the vehicle. Officer Carter verified that the
vehicle belonged to Mr. Hegwood, made a radio report that he
had located the stolen vehicle, and continued following it.
Anticipating that the men in the Pontiac may have been armed,
Officer Carter waited for assistance before activating his
sirens. Officer Steven Spillers of the Metro Police
Department, in a marked vehicle, took the lead behind the
Pontiac, and the two officers initiated their lights and
sirens together. The Pontiac came to a complete stop at a
stop sign on Old Matthews Road then made a sudden right turn
onto Trinity Lane and accelerated westbound.
time, Sergeant Corey Sanderson of the Metro Nashville Police
Department was travelling eastbound on Trinity Lane in
response to the radio report and saw the accelerating
Pontiac. As Sergeant Sanderson approached, the Pontiac
entered into his lane of traffic while travelling at a high
rate of speed. Sergeant Sanderson swerved to his right to