Session October 4, 2016
from the Criminal Court for Shelby County Nos. 12-06020,
12-06021 Chris Craft, Judge.
Brian Lackland, was indicted by the Shelby County Grand Jury
in two separate indictments for aggravated robbery,
aggravated burglary, attempted first degree murder,
aggravated assault, and employing a firearm during the
commission of a dangerous felony. The indictments were
consolidated for trial. A jury found Defendant guilty of
simple assault, aggravated burglary, attempted first degree
murder, and employing a firearm during the commission of a
dangerous felony. The charge for aggravated assault was
dismissed. Defendant was sentenced to a total effective
sentence of twenty-three years. Between the trial and the
hearing on the motion for new trial, the victim signed an
affidavit recanting his trial testimony. The trial court
denied the motion for new trial, finding that the
victim's recantation was not credible. On appeal,
Defendant challenges the sufficiency of the evidence and the
trial court's denial of the motion for new trial. Because
the evidence was sufficient to support the convictions and
the trial court did not abuse its discretion in denying the
motion for new trial, the judgment of the trial court is
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Timmerman (on appeal) and Handel Durham (at trial), Memphis,
Tennessee, for the appellant, Brian Lackland.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Counsel; Amy P. Weirich, District Attorney
General; and Colin Campbell, Assistant District Attorney
General, for the appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the court, in
which Alan E. Glenn and Camille R. McMullen, JJ., joined.
TIMOTHY L. EASTER, JUDGE.
victim, Corey Selmon, met Danielle Hardrick on Beale Street
in Memphis in the summer of 2012. At some point that night,
they exchanged numbers. The victim did not hear from Ms.
Hardrick until about a month later, on June 27, 2012, when
she called him at around 2:00 p.m. As a result of the
telephone conversation, the victim made plans to "come
out [to the Valley Forge Apartments] and see her later
on" that day. The victim went to the apartments around
11:00 p.m. in a rented 2006 Nissan Sentra, a car he was
driving after his truck was stolen. He was not entirely sure
how to get to the apartment, so Ms. Hardrick told him to call
her once he got to "Third Street." The victim did
as instructed. Ms. Hardrick gave him directions to the
apartment, including telling him where to park.
victim approached the closed apartment door, "an
individual walked out." The man had a "frown on his
face" and was black, "short, about five - - five
six, had real bad acne, " and appeared to be seventeen
or eighteen years old. The victim "turned around to see
what was going on, and that's when [he saw a man] with a
gun in his hand." The door to the apartment was now
open. The victim immediately thought that he was "in
danger." Two or three more people "came to the back
from behind [the victim] and put guns to [his] back and to
[his] head." Later, after talking to police, the victim
claimed that there were approximately six people involved.
They instructed him to get down on the ground where they
stripped him down to his socks and put his shirt over his
head. The shirt was not completely covering the victim's
face and he was lying on his stomach, so he could still see a
little bit of what was happening. "[O]ne guy's
pretty much directing the other guys on what to do, "
telling them to "search the pants pocket" and the
car. The victim was wearing diamond earrings worth $500, a
ring worth $1200, and had "an Android Cricket
phone." He also had $800 in cash he received as payment
for painting someone else's vehicle.
ordeal lasted about five minutes and finally ended when
"they told [him] to get up and run to the right."
The victim scooped up his pants and other things lying nearby
and ran through a field to a gas station near the corner of
Third and Michigan where he called the police. It took him
about seven minutes to get to the gas station because while
he was running away he saw someone "riding around the
neighborhood" in a car. The victim was afraid that the
occupants of the car were looking for him because at one
point they yelled for him to come over to the car. The victim
hid behind a garbage can until the "coast was
victim realized that he had picked up an iPhone that did not
belong to him when he picked up his clothes. He did not use
the iPhone to call police because he "was ignorant of
the fact of how to work an iPhone, and plus, the battery was
dead." Once the police arrived, they took the victim
back to the apartments so that he could identify where the
Ricky Gray was one of the officers that responded to the call
and met the victim at the BP station. He described the victim
as "partially clothed" and could see visible
bruising on the victim's feet, presumably from running
without shoes. Officer Gray took the victim back to the crime
scene and did not see any evidence of the robbery. No one
answered the door of the apartment. Officer Gray did not
recall the victim telling him about finding an iPhone. The
victim got a ride home with a family member and eventually
had to get a tow truck to move the rental car.
next day, the victim went to the police station and tried to
meet with the detective but was told the detective was not at
the office. After the incident, the victim procured a
charging cord for the iPhone, powered the phone on, and
looked on the Facebook app to see if he could identify anyone
involved in the robbery. The victim identified two men that
he thought were involved but later realized that there was
"a possibility that [he] could have gotten them
wrong." The victim ...