Assigned on Briefs August 1, 2017
from the Circuit Court for Hardeman County No. 16-CR-30 J.
Weber McCraw, Judge
Montrekus Lamon Tiller, was convicted of aggravated assault.
He received a sentence of six years' incarceration to be
suspended after 350 days. On appeal, he argues that the
evidence was insufficient to support his conviction. After
review, we find that the evidence was sufficient to support
his conviction. The judgment of the trial court is affirmed.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
G. Burk, District Public Defender; Periann Houghton (on
appeal), Assistant Public Defender; and George D. Norton, Jr.
(at trial), Selmer, Tennessee, for the appellant, Montrekus
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin A. Ball, Senior Counsel; D. Michael Dunavant,
District Attorney General; and Joe Van Dyke, Assistant
District Attorney General, for the appellee, State of
Timothy L. Easter, J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Robert W. Wedemeyer, JJ.,
TIMOTHY L. EASTER, JUDGE
and Procedural History
Hardeman County grand jury indicted Defendant with one count
of aggravated assault. The following facts were adduced at
April 26, 2014, Troy Turner, the victim, drove to a BP gas
station in Whiteville, Tennessee, with his friend, Jerron
Warren, and the victim's son as passengers. Once at the
gas station, the victim got out of the vehicle and began
filling it with gas. Mr. Warren went inside the gas station
to pay for the gas. During this time, Defendant, his two
sons, and a man named "Jerome" approached the
victim. The victim is married to the mother of
Defendant's two sons, and it appears that one of
Defendant's sons was the topic of a discussion between
Defendant and the victim. After a brief exchange of words,
Defendant punched the victim in the face.
Warren witnessed Defendant punch the victim, and Mr. Warren
retrieved his Glock 17 pistol from the glove compartment of
the car. According to Mr. Warren, he was unable to cock the
pistol or point it at anyone before he received a strike to
the temple and fought with one of the men who had approached
the victim. During this tussle, Mr. Warren received a second
strike to the temple and lost consciousness. Once Defendant
emerged with possession of the Glock 17, Defendant returned
to his truck, and the victim returned to the vehicle that he
was filling with gas. As they left the gas station in their
respective vehicles, the victim turned and headed west while
Defendant turned and headed east. When their paths crossed,
the victim claims Defendant had the gun in his hand, held the
gun out the window of the vehicle, and fired a shot. Even
though the shot did not hit the victim or his vehicle, he
feared for both his life and the life of his child.
regaining consciousness, Mr. Warren stood up and attempted to
get away, but he was hit by a pick-up truck in the parking
lot of the gas station. After getting hit by a truck and
picking himself up from the ground for a second time, Mr.
Warren heard a gunshot as he ran to safety. Eventually, he
was able to run across the highway in front of the gas
station and hide in the woods until the police arrived. While
waiting in the woods, Mr. Warren heard a second gunshot.
gave inconsistent statements to police. Defendant's first
statement depicted the events as resulting from a harshly
worded conversation between Defendant and the victim. As that
conversation progressed, the victim approached one of
Defendant's sons with "his hand down like he was
finna [sic] hit him." At this point, Defendant hit the
victim. Subsequently, Defendant heard one of his sons say,
"[D]on't shoot me." Then, Defendant fought Mr.
Warren for possession of the Glock 17. As Defendant made his
way back to his vehicle with the Glock 17, the victim