Assigned on Briefs December 5, 2017
from the Circuit Court for Madison County No.
a jury trial, the defendant, Brandon Cole-Pugh, was convicted
of being a felon in possession of a handgun and sentenced to
eight years. On appeal, the defendant challenges the trial
court's denial of his request for an instruction on the
defense of necessity. Having thoroughly reviewed the record,
we conclude the trial court did not err in denying the
defendant's request on the defense of necessity.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
J. Taylor, Jackson, Tennessee, for the appellant, Brandon
Herbert H. Slatery III, Attorney General and Reporter; Brent
C. Cherry, Assistant Attorney General; Jody Pickens, District
Attorney General; and Aaron Chaplin, Assistant District
Attorney General, for the appellee, State of Tennessee.
Ross Dyer, J., delivered the opinion of the court, in which
John Everett Williams and Alan E. Glenn, JJ., joined.
ROSS DYER, JUDGE
November 22, 2015, the defendant engaged in a fight at the
Gold Line gas station in Madison County, Tennessee.
Subsequent to the fight, a shooting occurred on the Gold Line
premises, leaving two people injured. Video footage from the
store captured the defendant participating in the fight and
then exiting the store holding a gun. As a result, the
defendant was charged and convicted of being a felon in
possession of a handgun under Tennessee Code Annotated
trial, the State relied heavily on the video footage of the
fight entered into evidence by Zaid Alshaif, the owner of the
Gold Line. Mr. Alshaif stated he was called to the store in
the early morning hours after the fight and shooting
occurred. When Mr. Alshaif arrived at the store, he saw
"everything destroyed from the fight." He provided
law enforcement with copies of the video footage depicting
both the inside and outside of the store. This footage was
then played for the jury at trial. Mr. Alshaif explained that
while the time-stamp on the videos noted the correct time,
the date was labeled one day ahead.
Paul Bozza of the Jackson Police Department obtained copies
of the video footage from Mr. Alshaif after he responded to
"a shots fired call" at the Gold Line at
approximately 1:45 a.m. on November 22, 2015. When he arrived
at the scene, Officer Bozza learned "a girl" was
shot in the leg "or hip area" and was laying in the
backseat of a vehicle on the north side of the Gold Line
property. While treating the female victim, Officer Bozza
spoke with the defendant who stated the victim was his
Bozza "knew the Gold Line had video, " and he
reviewed the footage in order to determine what happened
prior to his arrival. In reviewing the video footage, Officer
Bozza identified the defendant in the video wearing
"goldish color pants, copper color pants and a black
like a zip-up jacket-type deal and white hat." According
to Officer Bozza, the video footage depicted the fight that
occurred inside the store, the defendant's participation
in the same, the defendant outside of the store carrying a
handgun, and the shooting that occurred outside of the store.
Though Officer Bozza admitted the video footage did not
capture everything that happened inside or outside of the
store, he affirmed "there's no doubt [the defendant]
had a gun in his hand period."
Bozza testified he "had prior knowledge that [the
defendant] was a convicted felon." He "checked
[the] crime portal just to verify that[, ]" and then
began questioning the defendant on the scene. Specifically,
Officer Bozza asked the defendant "where he put the
gun." The defendant denied having a gun, and Officer
Bozza arrested the defendant. Officer Bozza stated the
defendant is seen holding a gun in the video footage
"showing right at the outside door." Upon ...