Assigned on Briefs April 11, 2017
from the Criminal Court for Shelby County No. 13-05184 James
C. Beasley, Jr., Judge
Shelby County jury found the defendant, Roy Robinson, guilty
of aggravated assault and second degree murder. The trial
court imposed an effective twenty-year sentence to be served
at one hundred percent, and the defendant appealed. On
appeal, the defendant challenges the sufficiency of the
evidence supporting his second degree murder conviction,
arguing he shot his victim in self-defense. The State asserts
sufficient evidence exists to support the second degree
murder conviction. After our review, we affirm the judgments
of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
E. Thomas, Memphis, Tennessee (on appeal), Robert Jones,
District Public Defender; Amy Mayne and Michael Johnson,
Assistant District Public Defenders (at trial), for the
appellant, Roy Robinson.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Tracy Jones and Ann
Schiller, Assistant District Attorney Generals, for the
appellee, State of Tennessee.
Ross Dyer, J., delivered the opinion of the court, in which
Alan E. Glenn and Timothy L. Easter, JJ., joined.
ROSS DYER, JUDGE
15, 2013, the defendant shot and killed Gregory Perry at the
Pleasant View Apartments in Shelby County, Tennessee. After
shooting Mr. Perry, the defendant turned his gun on Antoine
Cash and pulled the trigger. The gun, however, failed to
fire, and the defendant fled. The defendant was later charged
with the first degree murder of Mr. Perry and the aggravated
assault of Mr. Cash.
to the shooting, the defendant arranged a barbeque for the
residents of the Pleasant View Apartments. The barbeque was
held on apartment property and drew attendees from two street
gangs in the area, the Gangster Disciples and the Vice Lords.
According to various witnesses, several arguments arose
between members of the Gangster Disciples and the Vice Lords
during the barbeque, though they were all resolved peacefully
prior to the shooting at issue here. Aware of impending
violence surrounding the barbeque, the defendant, also known
as "Mack Knockout, " retrieved a gun from his
apartment and concealed it on his person for the remainder of
the evening. According to the proof at trial, the defendant
was a Gangster Disciple, while Mr. Perry was a Vice Lord.
White, a friend of Mr. Perry's and resident of the
Pleasant View Apartments, testified that she heard "an
altercation on the backside" of the apartments between
Mr. Perry and the defendant. Ms. White could see the two men
from her kitchen window on the second floor of her apartment
building. While looking out the window, she saw Mr. Perry
take off his shirt and heard the defendant yelling, "a
n***** is gonna learn about me today - they don't call me
Knockout for no reason." Believing the defendant and Mr.
Perry were going to fight, she walked away from the window.
However, instead of fighting, she heard four gunshots. Ms.
White left her apartment to help Mr. Perry, who had been
shot, and she saw the defendant leave the scene in a car.
According to Ms. White, Mr. Perry was unarmed.
Cash testified consistently, in large part, with Ms.
White's testimony. Mr. Cash stated he was walking with
Mr. Perry near a dumpster at the Pleasant View Apartments
when Mr. Perry asked him for a cigarette, which he did not
have. The defendant then stopped them and offered Mr. Perry a
cigarette. Mr. Perry denied the defendant's offer, and
instead challenged the defendant to "a one on one,
" or a fight. Mr. Perry took off his shirt, but he did
not draw a weapon. As he did so, the defendant pulled a gun
on the men, and shot Mr. Perry. After firing four or five
times, the defendant pointed the gun at Mr. Cash and pulled
the trigger. When the gun failed to fire, the defendant fled
the scene in a car. Mr. Cash also confirmed Mr. Perry was
days after the shooting, police found the defendant hiding in
a hotel. Sergeant Gladys Burton of the Memphis Police
Department interviewed the defendant, during which the
defendant admitted to shooting Mr. Perry. According to the
defendant, Mr. Perry challenged him to a "one on one,
" and then took off his shirt. When Mr. Perry took off
his shirt, the defendant believed he was reaching for a gun.
As a result, the defendant reached for his own gun, and fired
it four to five times ...