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State v. Keen

Court of Criminal Appeals of Tennessee, Nashville

July 29, 2019


          Assigned on Briefs June 25, 2019

          Appeal from the Criminal Court for Wilson County No. 16-CR-429 Brody N. Kane, Judge

         A Wilson County jury convicted the defendant, Danny D. Keen, of aggravated robbery, and the trial court imposed a sentence of eight years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Shelley Thompson, District Public Defender; Kelly A. Skeen, Assistant Public Defender, for the appellant, Danny D. Keen.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Tom Swink and Justin Harris, Assistant District Attorneys General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.


          J. ROSS DYER, JUDGE.

         Facts and Procedural History

         On February 23, 2016, Christin Davis was working as the chief pharmacist at the Walgreens located at 1303 West Main Street in Lebanon, Tennessee with Morgan Smith, a pharmacy technician, and Kristi Tinsbloom, a staff pharmacist. Ms. Davis was on the phone when the defendant initially approached the consultation window. After Ms. Davis ended the phone call, the defendant told her that he "need[ed] some help" and demanded oxycontin. With his right hand in his pocket, the defendant threatened to "blow [her] brains out" if she "push[ed] any buttons or pick[ed] up any phones." The defendant shook his hand while it was in his pocket, and Ms. Davis believed he had a weapon. Fearing for her life and the lives of her staff, Ms. Davis decided to stay calm and comply with the defendant's demands.

         The defendant climbed through the consultation window and asked where the safe was. Ms. Davis led the defendant to the safe, opened it, and "stepped back" while the defendant took a bottle of 80-milligram oxycontin. Ms. Davis estimated the street value of the bottle was over $1, 000. The defendant walked back to the consultation window and took two tablets from the bottle. He asked Ms. Davis for some water, and, after taking a drink, refused to give it back, telling Ms. Davis he had "Hep-C" and was "sick." Following the robbery, the defendant remained behind the counter, talking with the staff. During this time, the defendant again threatened to "blow their brains out" if they "push[ed] any buttons." However, he also told them "he didn't want to hurt anybody." The defendant continued taking oxycontin, consuming a total of five tablets, which Ms. Davis considered a "potentially [] fatal dose."

         Scott Stidham took his mother to Walgreens that afternoon to pick up her prescriptions. He saw the defendant "hop[] the counter" and knew "something didn't seem right." Although Mr. Stidham could not hear what was being said in the pharmacy area, he saw "a look of concern" on Ms. Davis's face and decided to call 911.

         Officer William Kennedy with the Lebanon Police Department was the first officer to respond to Mr. Stidham's 911 call. When he arrived at the pharmacy, Officer Kennedy saw the defendant sitting on the counter inside the pharmacy. As Officer Kennedy approached the consultation window, the defendant reached out to grab Ms. Davis. However, Ms. Davis was able to move out of the way and exit the pharmacy. When Officer Kennedy entered the pharmacy, the defendant was hiding behind some shelving. Officer Kennedy drew his weapon and ordered the defendant to come out, but the defendant refused to comply. After "several commands," the defendant emerged from behind the shelving and complied with Officer Kennedy's demands. Upon searching the defendant, Officer Kennedy did not recover a weapon of any kind.

         At trial, the State called Christin Davis, Morgan Smith, Kristi Tinsbloom, Scott Stidham, Officer William Kennedy, and Officer Dan Sandefur as witnesses, and all rendered testimony consistent with the foregoing. In addition, the State submitted footage of the robbery taken from the surveillance camera in the pharmacy. On cross-examination, Christin Davis admitted her statement to police did not include all of the details in her testimony. However, after police arrested the defendant, she had to continue working because ...

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