Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs June 25, 2019
from the Criminal Court for Wilson County No. 16-CR-429 Brody
N. Kane, Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
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.
Ross Dyer, J., delivered the opinion of the court, in which
Norma McGee Ogle and Robert H. Montgomery, Jr., JJ., joined.
ROSS DYER, JUDGE.
and Procedural History
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 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."
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
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.
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 ...