Assigned on Briefs March 7, 2017
from the Circuit Court for Madison County No. 16-140 Roy B.
Morgan, Jr., Judge
April 2016, the Madison County Grand Jury indicted the
Defendant, Anthony J. Bookout, Sr., on charges of driving
under the influence (DUI), driving while his alcohol
concentration was .08% or more (DUI per se), DUI
second offense, leaving the scene of an accident, and evading
arrest. Following a trial, a jury convicted the Defendant of
DUI, DUI per se, DUI second offense, and leaving the
scene of an accident involving injuries, for which the
Defendant received an effective sentence of eleven months and
twenty-nine days suspended to supervised probation following
the service of ninety days in jail. On appeal, the Defendant
contends that the evidence presented at trial was
insufficient to support his convictions. Following our
review, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Morton Googe, District Public Defender, and Jeremy B.
Epperson, Assistant District Public Defender, for the
appellant, Anthony J. Bookout, Sr.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Counsel; Jerry Woodall, District
Attorney General; and Matthew A. Floyd, Assistant District
Attorney General, for the appellee, State of Tennessee.
L. Holloway, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and James Curwood Witt, Jr.,
L. HOLLOWAY, JR., JUDGE
and Procedural Background
the first phase of the Defendant's bifurcated trial,
Terry Springfield testified that he was traveling west-bound
on Highway 70 in Madison County on June 24, 2015. Mr.
Springfield saw a truck "sitting" in the left lane
of traffic-the same lane in which he was traveling. In order
to avoid it, Mr. Springfield veered into the median. At the
same time, the truck moved into the median, and Mr.
Springfield's black Cadillac Escalade hit the truck.
Following the collision, Mr. Springfield's SUV became
inoperable, and although he attempted to move it out of the
road, the vehicle was partially blocking traffic in the
westbound lane. The blinkers and headlights on Mr.
Springfield's SUV were not working, and the only lighting
in the area consisted of one light coming from a nearby
store. As a bystander approached to check on Mr. Springfield,
Mr. Springfield heard someone saying, "Hey, hey slow
down, slow down, " and then a motorcycle collided with
the passenger side of Mr. Springfield's SUV. Mr.
Springfield, along with other bystanders, assisted the two
people on the motorcycle that were "stuck" against
Mr. Springfield's SUV. Mr. Springfield helped to lift the
motorcycle up, and the two people fell to the ground. Mr.
Springfield described the driver of the motorcycle as an
elderly man with long white hair wearing a black leather
jacket and blue jeans. The driver was not "talking
right" and "couldn't tell what was going
on." Mr. Springfield recalled that the truck he
initially struck was no longer at the scene when the
motorcycle collided with his vehicle.
Noles testified that he was traveling home from work around
10:35 p.m. on June 24, 2015, when he encountered Mr.
Springfield's disabled SUV on Highway 70. Mr. Noles
recalled that it was hard to see the disabled vehicle as
there were no lights on the vehicle and the area was not very
well lit. Mr. Noles got out of his car to check on Mr.
Springfield. As he was speaking to Mr. Springfield, Mr. Noles
heard a motorcycle approaching and then saw it crash into Mr.
Springfield's disabled vehicle. Mr. Noles helped to move
the motorcycle off of "[a] gentleman and a woman, "
who were pinned between it and Mr. Springfield's SUV. Mr.
Noles noticed two alcohol bottles on the ground. The man on
the motorcycle was an older man, wearing blue jeans, who
appeared disoriented and smelled of alcohol. The man said he
was "fine, " and he was able to stand up and move
to "the side." The woman appeared to have been
unconscious for a time. Mr. Noles, who was a first aid
responder, tended to the woman as police officers arrived at
the scene. As Mr. Noles tended to the woman, he observed the
man running with an officer in pursuit. Eventually, officers
apprehended the man and brought him back to the scene of the
Adam Cash with the Tennessee Highway Patrol testified that,
on the night of June 24, 2015, he responded to a call
regarding a vehicle crash on Highway 70. Upon arriving at the
scene in his marked patrol car, Trooper Cash observed an SUV
in the roadway blocking the westbound lane of traffic, a
motorcycle on the ground next to the vehicle, and an injured
woman on the ground near the motorcycle. As he was speaking
to the woman on the ground, another woman ran up to Trooper
Cash yelling, "He's over here. He's intoxicated.
He was the driver." Another witness told Trooper Cash
that the man was running around a house, and the witness
pointed to a white man with long gray hair, black leather
jacket, and blue jeans. The trooper, who was in his uniform,
yelled at the man to stop running, but the man continued to
run. Trooper Cash chased the man for a short distance before
apprehending him. The man stated, "I'm just drunk,
" and he told Trooper Cash that he had "quite a
bit" to drink. The man, whom Trooper Cash identified as
the Defendant, said that he had had "a couple of
drinks." When Trooper Cash asked the Defendant about the
wreck, the Defendant did not appear to know what had happened
and could not answer questions about it. Nonetheless, Trooper
Cash was able to identify the motorcycle as being registered
to the Defendant. Trooper Cash did not request the Defendant
to perform field sobriety tests; however, Trooper Cash
testified that, based on his training, he believed the
Defendant was impaired due to "indicators" he
observed. He detected a strong odor of alcohol from the
Defendant, the Defendant's eyes were bloodshot and
watery, the Defendant was swaying back and forth, and he was
unable to hand Trooper Cash his driver's license on the
first try. Additionally, the Defendant repeatedly stated,
"I'm drunk, " and he asked Trooper Cash what
had happened, multiple times. Trooper Cash identified the
Defendant as the driver of the motorcycle based on statements
given at the scene, including those made by the Defendant.
Trooper Cash requested that the Defendant submit to a blood
sample for testing to which the Defendant complied. The
Defendant's blood sample was taken at 1:42 a.m. on June
25, approximately three hours after the crash.
Cash explained that his patrol car was equipped with a
"digital dash camera" that recorded video and audio
from the scene that night. The video was played to the jury,
and Trooper Cash identified the Defendant's voice saying
that he was ...