Session Date: April 5, 2017
by Permission from the Court of Criminal Appeals Criminal
Court for Shelby County No. 12-05649 Paula Skahan, Judge
granted the application for permission to appeal of the
Defendant, Antonio Henderson, in this case to determine
whether the evidence is sufficient to support his conviction
for especially aggravated robbery. The Defendant contends
that the serious bodily injury to the victim occurred after
the robbery was complete and that, as a result, he could have
committed only an aggravated robbery. We hold that, under the
facts and circumstances of this case, the victim's
serious bodily injury was inflicted before the Defendant had
completed robbing the victim with a deadly weapon.
Accordingly, the evidence supports the Defendant's
conviction of especially aggravated robbery. Therefore,
albeit for different reasons, we affirm the judgment of the
Court of Criminal Appeals.
R. App. P. 11 Appeal by Permission; Judgment of the Court of
Criminal Appeals Affirmed; Case Remanded to the Trial Court
Stephen C. Bush, Shelby County Public Defender; Barry W.
Kuhn, Assistant Shelby County Public Defender (on appeal);
and Jennifer Case, Assistant Shelby County Public Defender
(at trial), Memphis, Tennessee, for the appellant, Antonio
Herbert H. Slatery III, Attorney General and Reporter;
Andrée S. Blumstein, Solicitor General; Caitlin Smith,
Assistant Attorney General; Amy P. Weirich, District Attorney
General; and Pamela Stark and Austin Scofield, Assistant
District Attorneys General, for the appellant, the State of
Jeffrey S. Bivins, C.J., delivered the opinion of the Court,
in which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and
Roger A. Page, JJ., joined.
JEFFREY S. BIVINS, CHIEF JUSTICE
and Procedural Background
Defendant and his co-defendant, Marvin Dickerson, were
jointly indicted for one count of especially aggravated
robbery and one count of attempt to commit second degree
murder as to victim Shabaka Reed; one count of attempt to
commit aggravated robbery as to victim Nathan Cannon; one
count of attempt to commit aggravated robbery and one count
of aggravated assault as to victim Tiffany Fleming; and one
count of employing a firearm during the commission of a
dangerous felony, all arising from a criminal episode
occurring in June 2012. Both defendants were tried together
before a jury, and the State adduced the following evidence.
night of June 23-24, 2012, Mr. Reed and his girlfriend, Ms.
Fleming, were visiting Mr. Reed's uncle, Nathan Cannon.
Mr. Cannon lived in the caretaker's house at a cemetery.
After playing dominoes for a time, Mr. Reed and Ms. Fleming
left in Mr. Reed's car to go to the store, where they
bought some beer. They drove back to the cemetery and parked
in the back of the parking lot so they could have some
time later, Mr. Reed saw Mr. Cannon run to the back of the
car while being chased by two men. Someone opened the back
passenger side door, and Mr. Cannon got in the back seat. Mr.
Reed saw two men and a "long" gun when the
car's door was opened, but Mr. Reed did not see the two
men's faces. Mr. Reed heard the two men asking Mr.
Cannon, "Where's the money?" and
"Where's the dope?"
men ordered Mr. Reed out of the car and told him repeatedly
not to look at them. After Mr. Reed got out of his car, the
two men told him to give them his cell phone, his keys, and
his wallet. Mr. Reed complied. According to Mr. Reed, the two
men then were "talking amongst each other, and then they
decided that they [were] going to put [Mr. Reed] in the
trunk." Mr. Reed testified, "At that point, I stood
there for a couple of minutes, and I said, in my mind,
I'm not going in no trunk of no car." Mr. Reed later
clarified that he did not know precisely how much time
actually passed. However, he decided that he was going to
take the gun after his assailants said that they were going
to put him in the trunk of his car.
decided to no longer cooperate, Mr. Reed grabbed the gun
being held by one of his assailants. A struggle ensued,
during which Mr. Reed was shot four times by the man with
whom he was fighting. The shooter then got up and ran away.
Mr. Reed had surgery and was hospitalized for two weeks after
being shot. Additionally, he wore a colostomy bag for five
months as a result of his injuries.
the struggle, Ms. Fleming was able to escape the scene, and
she took refuge in some nearby woods. As she was hiding, she
heard several gunshots. She returned to the scene after the
police recovered four spent nine millimeter shell casings at
the scene. A latent print recovered from Mr. Reed's car
was identified as that of co-defendant Mr. Dickerson.
Spight testified that she loaned her car to her neighbor
Angela Boles, who drove the Defendant and Mr. Dickerson to an
area near the crime scene. Ms. Spight rode with them. Ms.
Spight explained that the two men got out, and she and Ms.
Boles waited in the car. A short time later, Ms. Spight heard
gunshots. The Defendant and Mr. Dickerson returned to the
car, and Ms. Spight noticed that Mr. Dickerson's finger
"was bleeding and it was hanging off . . . by a piece of
meat." She heard the Defendant say, "I made a
mistake and shot my [cohort]."
Boles drove them to an apartment complex, and the Defendant
got out of the car. At that point, Ms. Spight saw a gun. Ms.
Boles then drove herself, Ms. Spight, and Mr. Dickerson to
the hospital. After Mr. Dickerson was in the hospital, Ms.
Spight began driving because Ms. Boles was "shook
up." As Ms. Spight was driving, Ms. Boles threw a ...