Assigned on Briefs July 9, 2019
from the Criminal Court for Shelby County No. 17-02161 James
M. Lammey, Judge
Shelby County jury convicted the Defendant, Erik Standback,
of attempted second degree murder, aggravated assault,
employing a firearm during the commission of a dangerous
felony, and reckless endangerment. The trial court imposed an
effective sentence of eighteen years in the Tennessee
Department of Correction. On appeal, the Defendant asserts
that the evidence is insufficient to support his convictions.
After review, we affirm the trial court's judgments.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Phyllis Aluko, Shelby County Public Defender, and Tony N.
Brayton, Assistant Shelby County Public Defender, Nashville,
Tennessee, for the appellant, Erik Standback.
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Jamie B. Kidd, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and J. Ross Dyer, JJ., joined.
W. WEDEMEYER, JUDGE
case arises from a physical fight in the Defendant's yard
that quickly escalated into a shooting. A Shelby County grand
jury indicted the Defendant for attempted second degree
murder, aggravated assault, employing a firearm during the
commission of a dangerous felony, and reckless endangerment.
At trial, the parties presented the following proof: Jasmine
Flagg testified that, on January 21, 2017, she went to the
Defendant's residence with Chevy Smith, Michael Tellis,
Solomon Campbell, David Dancy, Kalon Mull, and Darius Brown.
According to Ms. Flagg, the Defendant wanted to fight with
Chevy Smith. When they arrived, the Defendant exited his
residence through the garage. Initially, Mr. Smith did not
want to fight the Defendant but ultimately agreed.
Flagg testified that the Defendant ushered the group to the
backyard to avoid a disturbance in front of the house. Ms.
Flagg video-recorded the fight on her phone and posted the
fight "live" on Facebook. At some point, Mr. Smith
dislocated the Defendant's shoulder, and the fight
stopped. Mr. Smith and the group began walking back to the
car while someone helped the Defendant put his shoulder back
in place, and then the Defendant ran toward the front of the
house and began firing a gun at Mr. Smith. Mr. Smith ran, as
did the others, but one of the bullets hit Mr. Smith in the
back. Mr. Smith hit the ground, and the Defendant told Ms.
Flagg to, "Get your nigga up off my street" before
walking back into his house.
Tellis, the driver of the car, testified that he did not know
he was driving to the Defendant's residence that day. He
explained that he was driving people to various addresses.
The addresses were put into his phone for navigation
purposes, and he merely followed the directions without
knowing to whose residence he was driving. When he spoke with
the police on the day of the incident, however, he
acknowledged knowing that he was going to the Defendant's
residence although he did not know the Defendant. When they
arrived, the Defendant approached the vehicle aggressively,
and the group moved to the backyard for a fight. Mr. Tellis
did not observe anyone with a gun at this point.
Tellis testified that the fight ended quickly, and he began
walking back to his car. As he walked through a gate, he saw
the Defendant run to the garage and then fire his gun three
times. He recalled the Defendant's running past him and
said that he felt surprised and fearful. Mr. Tellis stated
that everyone who had been in his car on the drive over was
in the Defendant's front yard and began running from the
gunfire. One of the bullets hit Mr. Smith in the back as he
ran from the gunfire. After shooting Mr. Smith, the Defendant
said, "I could have killed you but I didn't."
Mr. Tellis acknowledged that he had not reported that
statement to the police at the time of the incident and that
this was his first mention of the Defendant's
Campbell testified that he had no idea why the group went to
the Defendant's house on the day of the shooting. When he
asked the others in the car why they were at the
Defendant's residence, he was told there was going to be
a fight. Mr. Campbell listed the names of the people in the
car consistently with Ms. Flagg. At the Defendant's
house, Mr. Campbell said that he attempted to dissuade the
others from engaging in a fight, but "everybody"
began walking to the back of the house. Mr. Campbell
recounted the events surrounding the fight consistently with
the other witnesses at trial. About the actual shooting, Mr.
Campbell stated that the group was walking from the backyard
toward the car parked in front of the house to leave when he
heard a gunshot and began running. Up until this time, Mr.
Campbell had not seen anyone with a gun. In his ...