Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs December 14, 2016
from the Circuit Court for Montgomery County No. 41400336
Jill Bartee Ayers, Judge
defendant, Radames Antonio Rivera, was indicted for one count
of first degree murder, one count of attempted tampering with
evidence, and one count of unlawful possession of a weapon.
Following trial, the jury found the defendant guilty of one
count of second degree murder. The trial court sentenced the
defendant to fifteen years of incarceration. On appeal, the
defendant argues the evidence was insufficient to support his
conviction. After our review, we affirm the judgments of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Gregory Smith, Clarksville, Tennessee, for the appellant,
Radames Antonio Rivera.
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Assistant Attorney General; John W. Carney,
District Attorney General; Robert Nash and Art Bieber,
Assistant District Attorneys General, for the appellee, State
Ross Dyer, J., delivered the opinion of the court, in which
D. Kelly Thomas, Jr., and Camille R. McMullen, JJ., joined.
ROSS DYER, JUDGE.
and Procedural History
after 2:00 a.m. on March 16, 2014, the defendant stabbed
Darrell Ray Willis in the parking lot of Wild Woody's
Saloon ("the bar") in Clarksville, Tennessee. At
trial, the State presented a number of witnesses who were
present during the incident. Their accounts were largely
consistent with regard to the events surrounding the
stabbing. Those witnesses present during the offense and who
testified for the State at trial were:
Hughes, Michael Stewart, Candice Corbin, Derrick Douglas,
James Wilbur, Shane Cortez, and Adam Zacharzuk.
defendant and victim were members of two separate groups who
had participated in a "pub crawl" in celebration of
St. Patrick's Day. A "pub crawl" is an event
where individuals are transported, usually by foot or public
transportation, to various bars and clubs in a single night
for the purpose of consuming alcohol. The two groups visited
several different bars the night of March 15, 2016, before
ultimately ending up at the bar. Inside the bar, an
altercation arose between members of the defendant's
group and members of the victim's group over a perceived
slight. Bouncers, employed by the bar, removed the
individuals responsible for the altercation to the parking
lot outside. The scene outside the bar was chaotic, with
multiple fights going on at various locations throughout the
left of the entrance to the bar, a fight broke out between
female members of the two groups. To the right of the
entrance to the bar, Marcus Harley and the victim were
fighting and struggling on the ground. During the struggle,
the victim was "jumped" and "beat up" by
approximately five individuals. At this point, the defendant
was standing alone ten to fifteen yards away observing the
altercation. The defendant pulled a knife from his pocket and
opened it. An unidentified female grabbed the defendant's
arm, attempting to stop him. The defendant shrugged her off
and walked quickly across the parking lot to where the victim
was crouched defending himself. The defendant plunged his arm
into the pile of people, stabbing the victim in the chest.
The defendant stated, "This is what y'all
motherf**kers wanted, " and "yeah
motherf**ker." The victim fell backwards onto the
pavement, and the defendant backed away in between the rows
of parked cars. The defendant bent down and dropped the knife
near a white sedan.
Matthew Ferrell of the Clarksville Police Department
testified he responded to the disturbance at the bar. When he
arrived, Officer Ferrell observed a large group of
individuals fighting with one individual lying on the ground.
Officer Ferrell first broke up the fights and then attempted
to render aid to the victim. Officer Ferrell located ...