Assigned on Briefs in Knoxville May 17, 2017
from the Criminal Court for Shelby County No. 14-04175 Lee V.
Shelby County jury convicted the Defendant, Jimmy Williams,
of aggravated assault. The trial court sentenced the
Defendant as a career offender to fifteen years in prison. On
appeal, the Defendant contends that the evidence is
insufficient to sustain his conviction and that the trial
court erred in sentencing him as a career offender. After
review, we affirm the trial court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
W. Hall (at trial and on appeal) and Juni Gangult (at trial),
Memphis, Tennessee, for the appellant, Jimmy Williams.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Amy P. Weirich, District Attorney
General; and Abby Wallace, Assistant District Attorney
General, for the appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and John Everett Williams, J.,
W. WEDEMEYER, JUDGE.
case arises from allegations that the Defendant assaulted the
victim, Tracy Vaughn, on July 27, 2008, in a field behind
some commercial establishments. With regard to these
allegations, a Shelby County Grand Jury indicted the
Defendant for two counts of aggravated rape. At trial, the
parties presented the following evidence: The victim, who was
in her late twenties at the time of these events, testified
that during the night of July 26, 2008, and into the morning
hours of July 27, 2008, she had been "hustling" in
the neighborhood all night. At around 11:00 p.m. or 12:00
a.m., she saw the Defendant, whom she had never seen before,
as she was leaving a night club. After she saw him, she
continued "just hustling around in the
point, the victim, who was with a "young man," went
to a Mapco, which she described as a neighborhood store where
people from the neighborhood would hang out. She and the
young man were conversing about walking home, and the
Defendant approached them and said that there was a nearby
pathway that served as a shortcut to her destination. The
victim said that she told the young man that something did
not feel right to her and that she felt as if she was being
watched. He agreed. The victim gave the man she was with a
"couple of dollars" and told him to go home.
victim said that she saw the Defendant again at the Mapco and
that, by then, it was daylight. He offered to show her the
pathway because he was going that direction also. The victim
recalled that at the time she had torn ligaments in her knee
and could not run. When they arrived at the pathway she
decided not to enter, telling the Defendant "no, I
ain't going to go. I'm straight." As she turned
to leave, the Defendant grabbed her and said, "Bitch,
you not going nowhere."
victim testified that she protested, and the Defendant hit
her. She said that he started beating her, hitting her face
with a closed fist. The Defendant repeatedly told her that
she was not going anywhere and that he "got" her.
The victim said that the Defendant told her that she was
going to "give him some head," and the victim told
the Defendant that she had children. She said that the
Defendant hit her again, telling her to perform oral sex upon
him. The victim recalled that the Defendant removed his
clothing and forced the victim to perform oral sex.
victim said that the Defendant told her that he had a house
where he was going to take her, and she again reminded him
that she had children and asked him not to hurt her. The
Defendant told her to "[s]hut up" and started
pacing. He said he could not let her go because he had beaten
her too badly. The victim feared for her life and cooperated
with the Defendant. She estimated that this ordeal lasted
approximately two hours.
victim said that the Defendant pulled her toward a grassy
area and again made her perform oral sex. He said he was
going to get her "high," and she informed the
Defendant that she did not use drugs. The Defendant then
pulled out a box cutter that had a little curve on it, and he
hit her in the head with that. The victim said that she
grabbed a beer bottle that was on the ground and tried to hit
the Defendant with it. She said that she did not think that
the bottle broke but that, when she eventually went to the
emergency room, she had the Defendant's blood on her.
victim recalled that some people walked by the area where the
Defendant was hitting her. She screamed at them to help her.
The Defendant told the people, "[T]his is my 'ho.
This is my bitch, man. We just going through something."
The people continued walking but must have called 911. About
twenty or thirty minutes later, she and the Defendant were
surrounded by police officers with guns. The victim was taken
by ambulance to the hospital.
victim said that she suffered injuries to her head. She had
swelling in her face, her head was swollen, and she had two
black eyes. After being treated at the hospital, she was
examined at the Rape Crisis Center, where she was
photographed, examined, and interviewed.
victim said that, six years after this assault, a detective
showed her photographs and she recognized the Defendant as
her assailant. The victim admitted that she had been
convicted of theft of property over thirty-five times.
cross-examination, the victim was asked about and responded
to each of her theft convictions. She further explained that,
on the night leading to this assault, she was
"hustling," which meant that she was selling drugs.
She agreed that, while she had testified that the Defendant
only forced her to perform oral sex on him, she told police
after this incident that he had also vaginally and anally
raped her. The victim said that the Defendant had not anally
victim did not recall giving police details about a vaginal
rape, including that he threatened her with a razor blade and
choked her while pulling down her pants. She maintained that
he only forced her to perform oral sex upon him. The victim
said that her head trauma from the assault was to blame for
the discrepancy in her statement and her testimony. The
victim denied that the Defendant performed oral sex on her,
and she said that the police department was "lying"
if they included that she said that in the paperwork. She
agreed that her statement reflected that she told the police
that the Defendant "ate [her] p***y, and he also bit
it." Her statement then included that he pulled out a
tissue with a used condom in it. She then stated that the