Assigned on Briefs December 6, 2016
from the Criminal Court for Shelby County No. 14-04161 James
M. Lammey, Jr., Judge
Defendant, Antonio Richardson, was convicted by a Shelby
County Criminal Court jury of first degree premeditated
murder. See T.C.A. §§ 39-13-202 (2014).
The trial court sentenced the Defendant to life imprisonment.
On appeal, he contends that (1) the evidence is insufficient
to support his conviction and (2) the trial court erred by
admitting in evidence a photograph of the victim from the
crime scene. We affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Stephen C. Bush, District Public Defender; Tony N. Brayton
(on appeal), Kamilah Turner (at trial), and Jennifer Case (at
trial), Assistant District Public Defenders, for the
appellant, Antonio Richardson.
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Glen Baity and Bryce Phillips,
Assistant District Attorneys General, for the appellee, State
H. Montgomery, Jr., J., delivered the opinion of the court,
in which Norma McGee Ogle and Robert L. Holloway, Jr., JJ.,
H. MONTGOMERY, JR., JUDGE
case arises from an August 16, 2014 shooting in which Andrew
Wooten, also known as Woo, sustained multiple gunshot wounds
while inside his car and died as a result of his injuries. At
the trial, Teresa Wooten, the victim's sister, testified
that she last saw the victim two days before the shooting.
She said that she had never heard of the Defendant before the
victim's death but said her daughter and the Defendant
were Facebook friends around the time of the shooting. M s.
Wooten said that her daughter showed Ms. Wooten the
Defendant's Facebook page. Ms. Wooten identified a
photograph depicting the Defendant standing behind a black
SUV and said this photograph was posted on the
Defendant's Facebook page. M s. Wooten said that she
called the police after viewing the photograph and showed the
photograph to police officers. Ms. Wooten stated that in
2012, the victim was accused of shooting the Defendant,
although she did not witness the shooting.
Police Lieutenant Derrick Williams testified that on July 18,
2012, he investigated a shooting incident in which the
Defendant was the victim. Lieutenant Williams stated that he
called the Defendant and asked what occurred and that the
Defendant reported a man identified as Woo "ran in his
house on him." Lieutenant Williams said that the
Defendant did not want to prosecute and that the file was
closed. He said that although he asked the Defendant to sign
a refusal to prosecute form, no form was signed.
cross-examination, Lieutenant Williams testified that the
telephone number he used to contact the Defendant was
provided to him by the officer who responded to the crime
scene. He agreed he had never spoken to the Defendant before
the 2012 incident.
Newton testified that he worked at Thompson Court Apartments
at the time of the 2014 shooting and that he was the
assistant property manager tasked with security oversight. He
said that security cameras were positioned on the main office
building, that the cameras recorded the shooting, and that
the police obtained a copy of the recording, which was
received as an exhibit. On cross-examination, Mr. Newton
testified that he was unsure whether an employee of the
apartment complex continuously watched the security cameras.
Police Officer James Fort testified that he obtained the
surveillance video recording from the apartment complex.
Although the recording was played for the jury, it is not
contained in the appellate record.
Davis testified that she lived at the apartment complex on
August 16, 2014. She said that at the time of the shooting,
she was on her back porch watching neighborhood children play
football and that she saw a black SUV drive around the area
twice before stopping near her apartment. She said that she
heard gunfire and that the Defendant got out of the
driver's door of the SUV, ran toward another car, and
continued shooting to "finish off" the victim. She
said that the gun was a semi-automatic handgun. She said that
she heard a two-second pause during the shooting, which she
described as the time it took for the Defendant to "get
close enough . . . and then finish" shooting at the
victim. She said that she heard about nine gunshots and that
the Defendant returned to his SUV and drove away. She said
that she called 9-1-1, that the dispatcher asked her to
determine whether the victim was breathing, that she walked
to the car, and that the victim was not breathing. She saw
bullet holes in the victim's back and said the victim was
"slumped over" to the side.
Davis identified the surveillance recording from the
apartment complex and said that the recording accurately
reflected her testimony. She said that although several
people walked toward the victim's car after the shooting,
nobody got inside the car. She said that she did not see any
weapons in the victim's hands or inside the car and that
she did not see anything to indicate shots were being fired
from the victim's car. She said that she had never seen
the Defendant before the shooting and that she did not know
cross-examination, Ms. Davis testified that she did not know
any of the people who walked toward the victim's car
after the shooting, that she did not know Charles Dowdy, and
that she moved to the apartment complex about one month
before the shooting. She agreed that after the people walked
toward the victim's car, she turned away from the
victim's car and toward the main office while she spoke
to the 9-1-1 dispatcher.
Brown testified that she had lived at the apartment complex
about seven months at the time of the shooting. She said that
on the day of the shooting, she and a friend were returning
to her apartment. She said that from inside her friend's
car, she heard gunshots and saw the Defendant drive past her
friend's car while shooting a gun at someone. She said
the Defendant stopped shooting, got out of his black SUV,
allowed her friend to drive past the area, walked toward the
victim, and continued shooting. She said that she was about
ten feet from the Defendant when he allowed her friend to
drive away from the area. She said the victim was inside a
car when the shooting began and was slumped over when her
friend drove away.
Dowdy testified that he lived at the apartment complex at the
time of the shooting, that he knew the victim, and that the
victim's nickname was Woo. Mr. Dowdy said the victim came
to his apartment around 2:00 or 3:00 p.m. before the shooting
and stayed about twenty minutes. Mr. Dowdy admitted the
victim bought one pound of marijuana for $1, 000 and left.
After he saw the victim drive away in a gold or greenish
Mazda, Mr. Dowdy returned to his apartment. Mr. Dowdy said
that he stepped outside his apartment again and heard
gunshots. H e said that although he did not see anyone
shooting a gun, he saw a black SUV driving away. He said that
he did not see the driver but that he knew the SUV belonged
to the Defendant because it had been parked across the street
from Mr. Dowdy's apartment previously.
Dowdy testified that he reviewed the surveillance recording
and that he saw the Defendant's SUV leaving the crime
scene. H e said that in the recording, someone got out of the
black SUV and walked toward the bushes. M r. Dowdy said the