Assigned on Briefs August 2, 2016
from the Criminal Court for Shelby County No. 14-02782 J.
Robert Carter, Jr., Judge
Shelby County jury convicted the Defendants, Dantario
Burgess, Rodriguez McNary, and Joseph Jones-Cage, of two
counts of attempted first degree murder, one count of
aggravated assault, and one count of reckless endangerment.
Mr. Jones-Cage and Mr. McNary also were convicted of
employing a firearm during the commission of a dangerous
felony. Mr. Burgess also was convicted of employing a firearm
during the commission of a dangerous felony having been
previously convicted of a felony and of possessing a firearm
after having been convicted of a felony involving the use or
attempted use of violence. The trial court sentenced Mr.
Burgess to an effective term of fifty-five years, Mr.
Jones-Cage to an effective term of fifty years, and Mr.
McNary to an effective term of forty-one years. On appeal,
the Defendants raise the following issues either collectively
or individually: (1) the trial court erred in denying Mr.
Burgess' motion to suppress a witness's
identification of him in a photographic lineup and in
limiting the cross-examination of the victim during the
suppression hearing; (2) the failure to name the predicate
felony in the indictment for employing a firearm during the
commission of a dangerous felony voids the conviction; (3)
the evidence is insufficient to support the convictions; (4)
the trial court committed plain error in not allowing defense
counsel to impeach the victim's testimony at trial with
her statement to the police; (5) the malfunctioning of the
recording equipment during the trial warranted a mistrial;
(6) the sentences of Mr. Burgess and Mr. McNary are
excessive; (7) the cumulative effect of the errors warrants a
new trial; and (8) the trial court erred in denying Mr.
Burgess' pro se petition for writ of error coram nobis.
We conclude that the evidence is insufficient to support Mr.
McNary's conviction for employing a firearm during the
commission of a dangerous felony and reverse the conviction.
We remand the matter for a new trial on possession of a
firearm during the commission of a dangerous felony as a
lesser-included offense. We also remand the case for entry of
corrected judgments reflecting that Mr. Jones-Cage was
convicted of attempted first degree murder in count one and
is to serve 100 percent of his sentence for the firearm
conviction in count three. We otherwise affirm the judgments
of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Court Affirmed in Part, Reversed in Part, and Remanded.
K. Guibao (on appeal) and Jada Brisentine (at trial),
Memphis, Tennessee, and Dantario Burgess, pro se (coram nobis
proceedings), Mountain City, Tennessee, for the appellant,
Charles W. Gilchrist, Jr., Memphis, Tennessee, for the
appellant, Rodriquez McNary.
Stephen C. Bush, District Public Defender; Tony N. Brayton
(on appeal) and Alicia Kutch (at trial), Assistant District
Public Defenders, for the appellant, Joseph Jones-Cage.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Jeffrey D. Zentner, Assistant
Attorney General; Amy P. Weirich, District Attorney General;
and Paul Hagerman and Meghan Fowler, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Camille R. McMullen and Robert L. Holloway, Jr., JJ.,
EVERETT WILLIAMS, JUDGE
AND PROCEDURAL HISTORY
evidence presented at trial established that on March 10,
2013, the Defendants and co-defendant Benjamin Bohannon shot
at a group of people at an apartment complex and then fled in
Mr. Jones-Cage's vehicle. The group included Mr. Demarcus
Thomas, Ms. Shanna Niter, Ms. Niter's two year-old son
J.N.,  Ms. Brittany Hervery, and Ms.
Hervery's two-month-old daughter J.H. Mr. Thomas
sustained multiple gunshot wounds to the face and head. He
survived the shooting but requires twenty-four-hour care as a
result of the injuries. Ms. Niter sustained a graze gunshot
wound to her right side.
Shanna Niter testified that on March 10, 2013, at
approximately 10:30 or 11:00 a.m., Mr. Thomas was at her
apartment at the Hillview Apartments cooking for her, J.N.,
and her daughter, who was a few months old. Mr. Thomas burned
bacon, and as a result, Ms. Niter opened the windows and
doors to the apartment. J.N. ran outside in his underwear,
and Ms. Niter chased after him.
Niter stated that she saw Mr. Jones-Cage or "Trey"
in a Ford Explorer parked outside of her apartment and that
he called out to her. The vehicle was parked so that the
passenger side of the vehicle was facing Ms. Niter and the
front of the vehicle was facing a dumpster. Ms. Niter said
that as she approached the vehicle, she had a strange feeling
and the "hairs on the back of [her] neck stood up."
She stated that Mr. Jones-Cage was sitting in the
driver's seat and that three other men, whom she had
never met, were inside the vehicle. The front window on the
passenger side was down, and the backseat window on the
passenger side was halfway down. Ms. Niter said that she
could see each of the men inside of the vehicle and that the
men looked at her as if they did not want her to approach
them. She stated that she did not walk all the way up to the
trial, Ms. Niter identified Mr. Burgess as the man who was
sitting on the back passenger side and Mr. McNary as the man
who was sitting on the back driver's side of the vehicle.
Ms. Niter said the man who was sitting on the front passenger
side was not at the trial.
Niter testified that Mr. Jones-Cage asked her where her
cousin, "Little Glen, " was and told her to call
"his b**** a**." Ms. Niter told Mr. Jones-Cage that
"Little Glen" was not there and that she was unable
to contact him. At that time, J.N. was standing next to Ms.
Niter; Mr. Thomas was standing on steps on the opposite side
of Ms. Niter; and Ms. Hervery was standing nearby and holding
her baby who was in a car seat.
Niter stated that Mr. Thomas told Mr. Jones-Cage and the
other men to leave because children were in the area. Mr.
Jones-Cage stated, "[F]*** them b****** and their
kids." Ms. Niter said that Mr. Jones-Cage then
"upped" a small black gun and that he and the
passengers began shooting. She saw Mr. Jones-Cage, Mr.
Burgess, and the man in the front passenger seat shooting.
She saw Mr. McNary with a gun but was not sure whether he was
shooting. The man in the front passenger seat was hanging out
of the window and shooting, while Mr. Jones-Cage was leaning
and shooting from the driver's seat out of the front
passenger window. Ms. Niter said that from "the way that
[Mr. Jones-Cage] was shooting[, ] he could [have] shot the
person . . . sitting next to him." Mr. Burgess was
shooting a large black gun out of the back passenger side
Niter described the shootings as "like a war." She
said one of the bullets hit Mr. Thomas in the face and that
"stuff smashed everywhere." Mr. Thomas turned
around, and another bullet hit him in the back of his head
and knocked him down. Ms. Hervery dropped her baby, who was
in a carseat, and began running back and forth while
screaming. Ms. Niter said she was in shock and was unable to
move. She heard bullets hitting the bricks behind her. She
then grabbed her son and began running. During the shooting,
Ms. Niter's baby was sitting in a highchair inside her
apartment. Ms. Niter later discovered that bullets had
entered the apartment and struck the highchair.
Niter testified that a bullet struck her on the right side
near her rib cage. The bullet knocked several layers of skin
away from the area, and Ms. Niter had a scar as a result of
the injury. She later had a tattoo placed over the scar and
said that she could still feel "fragments or something
Niter stated that when the police arrived, Mr. Thomas was
lying on the ground and "fighting for his life."
His eyeball was no longer in its socket, and his nose was
gone. When Mr. Thomas tried to breathe, blood shot out from
the area where his nose had been.
Niter received medical attention and gave officers a
description of the vehicle involved. She later gave a
statement to the police, identified Mr. Jones-Cage, and gave
a brief description of the passengers. She later identified
the Defendants and the front seat passenger in photographic
cross-examination, Ms. Niter testified that she called Mr.
Jones-Cage earlier in the day. She explained that
"Little Glen" made a comment about Mr. Jones-Cage
on Facebook and that Mr. Jones-Cage told "Little
Glen" to have Ms. Niter bring him to Mr.
Jones-Cage's house so that Mr. Jones-Cage could
"f*** him up." Ms. Niter stated that Mr. Jones-Cage
had been pursuing "Little Glen" for two years.
Niter acknowledged that while she identified Mr. Jones-Cage
on the day of the shooting, she did not identify the
passengers until a later date. She did not remember whether
she told the police that one of the men had a tattoo on his
face and did not recall testifying at the preliminary hearing
that she never told the police that one of the men had a scar
or an identifying mark between his eyes. Ms. Niter
acknowledged that Mr. Burgess had a "very
noticeable" identifying mark between his eyes. She said
the back passenger window to the vehicle was tinted and was
only rolled halfway down.
Brittany Hervery testified that on April 10, 2013, she and
her two-month-old daughter, J.H., went to Ms. Niter's
apartment because Ms. Hervery was planning to cook breakfast
for Ms. Niter, Ms. Niter's two children, and Mr. Thomas.
After Ms. Hervery arrived, a green four-door truck driven by
Mr. Jones-Cage pulled up. Ms. Hervery said she had known Mr.
Jones-Cage for a few years. She saw three other people inside
the vehicle. Mr. Jones-Cage asked Ms. Niter,
"Where's Little Glen, b**** a**?" Ms. Niter
told Mr. Jones-Cage that "Little Glen" was not
there, and Mr. Jones-Cage instructed Ms. Niter to call him.
Ms. Niter told him to wait and began walking away from the
Hervery stated that Mr. Thomas came outside after hearing the
commotion and asked Ms. Hervery what was occurring. Ms.
Hervery told him that the men were looking for "Little
Glen." Mr. Thomas told the men to leave because children
were outside. Ms. Hervery said Mr. Thomas did not threaten
the men. She also said that many children were outside and
that she was holding her baby. Mr. Jones-Cage replied,
"[F]*** you, those kids and them b******, " and he
and some of the passengers began shooting.
Hervery testified that the passenger in the front seat was
shooting but was not looking as he shot. Mr. Jones-Cage was
reaching over the passenger and shooting out of the window.
Ms. Hervery said the man who was sitting in the backseat on
the passenger's side was leaning out of the car and
shooting with a large gun. She did not see the man sitting
behind Mr. Jones-Cage shooting and did not get a good look at
Thomas was shot between the eyes and in the temple. Upon
hearing the shots, Ms. Hervery dropped her baby and crawled
to Mr. Thomas to assist him. Someone picked up Ms.
Hervery's baby and carried her inside an apartment. Ms.
Hervery got on top of Mr. Thomas; the shooting stopped; and
the men drove away. Ms. Hervery then called 911. She said
that Mr. Thomas's eye was on the ground, that his nose
was "opened up, " and that his blood was
"spewing" everywhere. Ms. Hervery and the children
were not injured.
the police officers arrived, Ms. Hervery told them what had
occurred. The officers later showed Ms. Hervery photographic
lineups. She identified Mr. Jones-Cage from the photographic
lineup but was unable to identify the other defendants.
cross-examination, Ms. Hervery testified that the back
windows to Mr. Jones-Cage's vehicle were tinted and that
she did not see everyone clearly until the windows were
rolled down. She was unsure how far down the windows were
rolled. She told officers on the day of the shooting that she
only saw Mr. Jones-Cage. An officer later called her and
asked whether she was certain about the information provided
in her statement. Ms. Hervery told the officer that one other
person had a tattoo on his face. She stated at trial that the
man with the tattoo also was shooting from the vehicle.
Felita Caraway testified that in April 2013, she lived at the
Hillview Apartments on the second floor of a building that
was separate from the building where Ms. Niter's
apartment was located. On April 10, 2013, she was inside her
apartment when she heard noises that sounded like
firecrackers. She walked into her kitchen, opened a cabinet
door, shut the door, and then entered her living room. A
bullet then came through her kitchen window and traveled
through the cabinet door that she had just closed, through
her bathroom, and into her bedroom. Ms. Caraway went outside
and saw the damage to her apartment and Mr. Thomas lying
three steps away. Ms. Hervery was trying to help Mr. Thomas.
Catrice Gordon lived on the first floor in the same apartment
building as Ms. Caraway and across from the building where
Ms. Niter lived. On April 10, 2013, she was outside with her
three-year-old son and two-year-old daughter and saw Ms.
Niter and Ms. Hervery. Ms. Gordon testified that at some
point, she took her daughter inside because her daughter
wanted to watch television. Her son remained outside playing
with Ms. Niter's son.
Gordon stated that she was standing in her kitchen when she
heard gunfire. She ran to the front door because her son was
still outside. She said it sounded like a "war"
outside. Ms. Gordon's son was at the front door telling
her that people were shooting, and Ms. Niter was asking her
for help and to get her son. Ms. Gordon retrieved J.N. and
ran back inside of her apartment. She said the shooting had
stopped when she went outside, and she saw blood all around
Leslie Davis, Mr. Thomas's mother, testified that Mr.
Thomas sustained multiple gunshot wounds to his head. One
bullet remained in his head, and his doctors informed her
that any surgery to remove the bullet could result in
additional damage. He cannot walk or move his right arm. He
has limited movement of his left arm, is somewhat limited in
his speech, suffered memory loss, and is somewhat
"slower." He is a permanent resident in a
rehabilitation facility, is bedridden and blind, and requires
Davis said that on the day of the shooting, her sister called
her and informed her that Mr. Thomas had been shot multiple
times and had been transported to the Regional Medical
Center. Ms. Davis's sister then called her again and told
her that part of Mr. Thomas's face had been shot off, and
Ms. Davis fainted. Ms. Davis went to the Regional Medical
Center and was allowed to see Mr. Thomas after a few hours.
She said that Mr. Thomas's head and face were wrapped in
gauze and that his head was "enormous." Mr. Thomas
remained in the trauma unit of the hospital for two months.
Ms. Davis said she did not work during that time because she
never knew whether Mr. Thomas would live.
surgeries were performed on Mr. Thomas's head to
alleviate the swelling in his brain, and he has a permanent
shunt in his head. Ms. Davis said that Mr. Thomas had a hole
in the bridge of his nose that was approximately the size of
a quarter. Doctors removed the cartilage from Mr.
Thomas's nose. Ms. Davis stated that the hole in Mr.
Thomas's nose was so deep that she could see his tonsils.
Mr. Thomas's jawbone and facial bones were shattered, and
doctors had to wire his mouth shut and reconstruct his
jawbone. Ms. Davis said two different doctors advised her to
place Mr. Thomas in hospice care but that she refused.
two months at the Regional Medical Center, Mr. Thomas was
transferred to an extended care program and then to another
facility. He was on a ventilator and unresponsive for months.
He also required a feeding tube and lost a large amount of
weight as a result. Ms. Davis said that while Mr. Thomas no
longer requires a ventilator or a feeding tube, he is totally
dependent on someone to care for him and will remain that way
for the rest of his life.
Michael Gaines of the Memphis Police Department testified
that he and five other officers with the Airways Precinct
Task Force responded to the scene of the shooting. Upon his
arrival, he saw a very large crowd of women and children in
the parking lot and an African American man lying in a
drainage ditch between two apartment buildings. The man was
still alive, but the area of the top of his eyebrows to the
bottom of his nose was gone. Officer Gaines could see inside
the man's skull. Officer Dan Chambers placed pressure on
the man's wound. When the man breathed out, blood
squirted out from the wound, over Officer Gaines's head,
and onto his uniform.
an ambulance arrived, the officers spoke to witnesses and
surveyed the area. Officer Gaines observed a large amount of
shell casings littering the parking lot. He stated that the
casings were 7.62 by 39 millimeter casings, which are
commonly used in AK-47, AK-74, and SKS style assault weapons.
He explained that such rifles are designed for combat and
that their bullets can travel through walls and automobiles.
He stated that semiautomatic handguns and assault rifles
eject casings when shot but that revolvers do not.
Gaines observed a second or third story apartment that
appeared to have been struck by gunfire. He entered the
apartment and found that the bullet had penetrated walls and
was lying by the bed in a bedroom. He said the bullet was the
type fired by an assault rifle.
Gaines stated that approximately thirty minutes to an hour
after leaving the scene, he received a call that a vehicle
matching the description of the vehicle involved in the
shooting had been located four to five miles away from the
apartment complex. The green Ford Explorer was parked toward
the back of a house that appeared to be vacant on Leflore
Street. Officer Gaines said the hood of the vehicle was still
warm from recent use.
Gaines testified that the sergeant who was in charge of the
case advised him and other officers that Mr. Jones-Cage had
been developed as a suspect and that his residence also was
located on Leflore Street. Officer Gaines and other officers
went to Mr. Jones-Cage's address five or six times over
the course of multiple days, but they never found him and
were never allowed to search his house. Family members
advised the officers that they did not know where Mr.
cross-examination, Officer Gaines testified that a woman on
the scene of the shooting sustained a "graze
strike" or a minor abrasion. He believed that the woman
was treated on the scene by the fire department.
Gaines acknowledged that he did not find a weapon at the
scene of the shooting. He said revolvers and single-shot
pistols are the only two firearms of which he was aware that
did not eject casings. Rather, the shooter must physically
remove the casings and reload the firearm. Officer Gaines
stated that some handguns with magazines eject casings when
shot. He also stated that while 7.62 by 39 millimeter bullets
are predominately used in "battle rifles, " there
are hundreds of rifles that can shoot multiple calibers of
Newton Morgan, a crime scene investigator with the Memphis
Police Department, testified that he collected sixteen shell
casings and one bullet fragment from the scene. The bullet
fragment was found on the bed inside of an apartment where he
also observed bullet holes in the walls.
Agent Cervinia Braswell, a forensic scientist with the
firearms identification unit of the Tennessee Bureau of
Investigation, was accepted by the trial court as an expert
in forensic firearms identification. She examined sixteen
7.62 by 39 millimeter rifle cartridge casings, which she said
were generally used in "AKA or AK-47 and SKS type
firearms." Special Agent Braswell determined that all
sixteen cartridge casings had been fired from the same
Agent Braswell also examined a bullet fragment and measured
its lands and groves. She entered the date into the General
Rifling Characteristic Database, which is a database compiled
by the Federal Bureau of Investigation that generated a list
of firearms from which the bullet could have been fired. She
said the measurements of the bullet fragment were consistent
with 7.62 by 39 millimeter bullets. She determined that the
same caliber firearm could have shot the casings and the
bullet fragment. On cross-examination, Special Agent Braswell
acknowledged that she was unable to conclude that the bullet
and the casings were fired from the same firearm.
David Payment with the crime scene investigation unit of the
Memphis Police Department testified that he processed the
green Ford Explorer and lifted fingerprints from the right
rear exterior window on the passenger side of the vehicle.
Officer Payment did not find any gunshot residue, shell
casings, or bullets inside of the vehicle. He acknowledged
that the lack of gunshot residue could indicate that the
vehicle had been wiped down.
cross-examination, Officer Payment testified that the lack of
gunshot residue in a vehicle following a shooting was not
unusual. He said the presence of gunshot residue is dependent
upon factors such as whether the vehicle was moving at the
time of the shooting, whether the windows were down, and
whether the weapons were fired outside of the vehicle.
Officer Payment stated that he would expect to find gunshot
residue in the vehicle if the driver was shooting out of the
passenger window. He also stated that if an assault weapon is
fired outside the window of a vehicle, he would expect to see
gunshot residue from the breech, which is located close to
the trigger. He acknowledged that the residue would blow away
if the vehicle was moving.
Payment stated that three fingerprints were lifted from the
right rear passenger window and that one fingerprint was
lifted from the front passenger window. He found papers and
miscellaneous items inside of the vehicle.
Robert Winston, a latent print examiner for the crime scene
investigation unit of the Memphis Police Department, was
accepted by the trial court as an expert in latent
fingerprint examination. He determined that the fingerprints
lifted from the green Ford Explorer belonged to Benjamin
Shawn Hicks with the Memphis Police Department testified that
Ms. Niter identified Mr. McNary, Mr. Burgess, and Mr.
Bohannon in photographic lineups on April 23, 2013. Mr.
Burgess was later brought to the police department as a
suspect. He was advised of his rights, waived his rights, and
agreed to speak to officers. Mr. Burgess said that while he
knew Mr. Jones-Cage, he did not socialize with him on a
regular basis. Officer Hicks said that Mr. Burgess initially
denied that he had ever been inside Mr. Jones-Cage's Ford
Explorer. Mr. Burgess later admitted that he had been inside
the vehicle but denied that he was in the vehicle during the
shooting. Mr. Burgess stated that while he knew Mr. Bohannon,
they were not close friends. When Officer Hicks confronted
Mr. Burgess with photographs on Instagram of Mr. Burgess and
Mr. Bohannon together, Mr. Burgess stated that the
photographs did not mean that they were good friends.
cross-examination, Officer Hicks testified that Ms. Hervery
was not able to identify Mr. Burgess in a photographic
Donald Adams with the Memphis Police Department testified
that Ms. Niter identified Mr. Jones-Cage in a photographic
lineup on April 10, 2013. Sergeant Adams interviewed Mr.
Jones-Cage on April 22, following his arrest. Sergeant Adams
advised Mr. Jones-Cage of his rights, and Mr. Jones-Cage
waived his rights and agreed to speak to the officers. Mr.
Jones-Cage's attorney, Kendra Tidwell, was present when
he gave a statement.
Adams stated that Mr. Jones-Cage admitted that he and three
other men went to the apartment complex on April 10, 2013, in
a green Ford Explorer to search for "Little Glen."
Mr. Jones-Cage said that the other men fired twenty to thirty
shots, but that he did not fire any shots. He also said they
fled the scene and hid the firearms in the trunk of a Ford
Crown Victoria. He stated that when the police officers
located his vehicle, he hid in an abandoned house and that
the others jumped over a fence and ran.
Jones-Cage stated that a few days prior to the shooting,
April Niter posted a comment about him on Facebook, and
"Little Glen" responded that Mr. Jones-Cage
"was going to f*** [her] off." Mr. Jones-Cage sent
a message to "Little Glen" calling him "a
little dusty TV stealing dude" and stating that he was
the only person assisting April Niter when she had issues
with her car. Mr. Jones-Cage said that on the morning prior
to the shooting, he was assisting April Niter in her efforts
to repair her car when he saw that Shanna Niter had called
him. He asked April Niter why Shanna Niter called him, and
April Niter stated that she wanted to talk to him about his
message to "Little Glen." Mr. Jones-Cage called
Shanna Niter several times, but she did not answer. He also
sent her a text message.
Jones-Cage stated that when he returned home, "[a]nother
guy" was there. Mr. Jones-Cage told the man
that he planned to go to the Hillview Apartments to
"holler" at "Little Glen." The man did
not want Mr. Jones-Cage to go there alone and agreed to go
with Mr. Jones-Cage. Mr. Jones-Cage said that they drove
"into the west side drive" and that the man got out
of the car and began talking to someone. The man returned to
Mr. Jones-Cage's car and said that no one there knew
"Little Glen." When they were leaving the parking
long, Mr. Jones-Cage saw three men, two of whom he knew. The
men approached Mr. Jones-Cage and the other man and "did
their handshakes." The man who was in the car with Mr.
Jones-Cage asked the group whether they knew "Little
Glen, " and the men responded that "they don't
f***" with the Hillview residents.
Jones-Cage told the officers that two of the men entered the
backseat of his vehicle while holding a black bag. Mr.
Jones-Cage then drove to the parking lot in front of Shanna
Niter's apartment. Mr. Jones-Cage described the shooting
I hollered out, where Little Glen? Shanna came out and said
hold on, let me call him. She walked off and I pulled up and
made a U-turn around the median and was facing west.
A gentleman walked up the steps with his shirt off smoking a
cigarette. Then Shanna started yelling wait. Then the guy
with no shirt started yelling some words. The last thing I
heard him say was that y'all need to go. As soon as I
started to pull off one of the other guys in my car started
shooting. I sped away. On the ride home they kept saying I
need to keep it one hundred.
I parked my truck and recovered the gun. One of the other
guys put the bag with the gun in the trunk of a white Crown
Vic. I went into the house and talked to April for a second
and I got a call from another guy who said my truck was
involved in a shooting…. I was about to move it but he
said the police were about to pull up.
The police zoomed down on the truck and I was hiding in the
neighbor's vacant home while the police was over there.
The other guys had jumped the gate and ran on Orleans when
the police got there.
Adams testified that Mr. Jones-Cage stated that the men
grabbed the black bag from the bushes and that he did not ask
them what was in the bag. Mr. Jones-Cage said he did not ask
the shooter why he started shooting because Mr. Jones-Cage
was afraid and shocked. Mr. Jones-Cage told the officer that
to "keep it one hundred" meant that he better not
Adams said Mr. Jones-Cage signed his written statement.
Sergeant Adams explained that he did not confront Mr.
Jones-Cage with the facts of the case because his attorney
was present. Rather, Sergeant Adams only asked Mr. Jones-Cage
what occurred and documented his responses. Sergeant Adams
stated that the Ford Explorer recovered by the police was
registered to Mr. Jones-Cage's father.
cross-examination, Sergeant Adams testified that he spoke to
Ms. Niter at the scene and that Ms. Niter said she was
injured. He did not recall seeing any blood on Ms. Niter
other than her own blood and said Ms. Niter did not have any
wounds on her face. Officers did not recover any firearms
used in the shooting.
Toney Sanders, the principal court clerk at the Shelby County
Criminal Court Clerk's Office, testified that on July 3,
2014, Mr. Bohannon appeared for a scheduled court date and
was given another court date of August 4, 2014. Mr. Bohannon
failed to appear in court on August 4. As a result, his bond
was forfeited, and an arrest warrant was issued. Mr. Bohannon
had not been located. The arrest warrant was still active at
the time of trial.
Sanders testified that Mr. Burgess had a court date on
October 8, 2014, which was rescheduled for October 10. On
October 10, his case was reset to November 24, 2014.
Juaquatta Harris with the Shelby County Sheriff's Office
presented a recording of a telephone call made by Mr. Burgess
from the jail on October 11, 2014. During the call, Mr.
Burgess spoke to a man who identified himself as
"Benjamin" about Benjamin's "no
show." Benjamin mentioned the case, and Mr. Burgess
stopped him and stated that the call was being recorded. Mr.
Burgess then stated that he was scheduled to return to court
in forty-five days and that once the matter was resolved,
Benjamin could "go in" and then be released.
State and Mr. Burgess' counsel stipulated that Mr.
Burgess had a prior felony conviction that satisfied an
element of the crime of ...