State v. Davis

Decision Date17 October 2011
Docket NumberNo. M2008–01216–SC–R11–CD.,M2008–01216–SC–R11–CD.
Citation354 S.W.3d 718
PartiesSTATE of Tennessee v. Christopher Lee DAVIS.
CourtTennessee Supreme Court

OPINION TEXT STARTS HERE

Comer L. Donnell, District Public Defender, William K. Cather, Assistant District Public Defender, Lebanon, Tennessee, for the appellant, Christopher Lee Davis.

Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; Benjamin A. Ball, Assistant Attorney General, Tom P. Thompson, District Attorney General; Jason L. Lawson, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined.

SHARON G. LEE, J.

The defendant was convicted of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, and attempt to commit first degree murder. At issue is the legality of the stop of a vehicle in which the defendant was a passenger, and whether the evidence is sufficient to support the defendant's conviction for attempt to commit first degree murder. We conclude that reasonable suspicion existed to permit the officers to conduct a brief investigatory stop of the car in which the defendant was a passenger. Further, we find there was sufficient evidence for the jury to conclude that the defendant and his fellow perpetrator planned and intended to kill the victim, and that the defendant's conduct, considered in light of the totality of the circumstances, constituted a substantial step sufficient to support a conviction for attempted murder. The judgment of the Court of Criminal Appeals is affirmed.

Factual and Procedural Background

On June 12, 2007, the victim, Glen McDaniel, drove his black 2001 Chevrolet Monte Carlo into a carwash bay in Hartsville, Tennessee. While Mr. McDaniel was washing his car, he saw a gold Nissan Maxima pull into the carwash and noticed that the two men in the back of the Maxima were staring at him. Mr. McDaniel continued washing his car until he was confronted by two African–American men wearing bandanas 1 over their faces who entered his carwash bay from opposite sides. The men wore red shirts and red hats, and one of them had a hat with a depiction of a $100 bill embroidered on it. Mr. McDaniel described one of them as approximately six feet, three or four inches tall and heavy set with dark skin. The other man, whom Mr. McDaniel identified at trial as being the defendant Christopher Lee Davis (Defendant), was nearly the same height but thinner and with a lighter complexion.

The larger man walked up to Mr. McDaniel, pointed a pistol at his chest, and told him to get into the Monte Carlo. Mr. McDaniel complied because he was afraid the man would shoot him if he refused. The man with the pistol got in the passenger seat and kept his gun pointed at Mr. McDaniel the entire time they were in the Monte Carlo. Defendant got in the back seat behind Mr. McDaniel and kept a grip on Mr. McDaniel's shoulders. The men asked for $800, and Mr. McDaniel replied that he did not have that much money on him and that he did not carry a wallet, but did have an ATM debit card. The men ordered him to drive across the street to an ATM.

The gunman walked Mr. McDaniel up to the ATM, and Defendant held his hand over one of the ATM video cameras. Defendant told Mr. McDaniel to get a receipt so they could make sure that he had withdrawn all of the money in his checking account. Mr. McDaniel completed the ATM withdrawal and gave the gunman the money and the receipt.

All three got back into the Monte Carlo, and Mr. McDaniel drove back to the carwash. As they approached, they saw Lacy Smotherman, an acquaintance of Mr. McDaniel, sitting in a parked car at the carwash, so the men told Mr. McDaniel to drive down the street. He did, and when they turned the car around and returned to the carwash, Ms. Smotherman was gone. Mr. McDaniel pulled his car into one of the carwash bays, and the men ordered him to get out of the car.

Defendant pushed Mr. McDaniel against one of the walls in the carwash bay. Mr. McDaniel asked Defendant to take his car and leave him at the carwash, but Defendant refused, saying, “no, you're going to go with us.” Mr. McDaniel testified that at this point, “I thought I was dead to be honest with you.” He was standing with his chest pressed against the wall and Defendant was trying to pull his hands behind his back. Mr. McDaniel looked over his shoulder and saw that Defendant had a roll of black duct tape. Mr. McDaniel testified that “I yanked my hands right back up ... ‘cause I knew, you know, if I was duct taped I was done for.” He struggled with Defendant, who shoved his face into the brick wall, injuring his nose and face, and hit him in the eye. Defendant said, “get the gun, we're going to shoot this motherfucker right here.” Mr. McDaniel testified that during the incident Defendant appeared to be the one in control of the situation, giving orders and instructions to the other man.

Mr. McDaniel said that at this point, “I figured if I was going to get shot, I might as well try to run.” He broke free from Defendant's grasp and ran toward a nearby restaurant. Defendant chased after him. The restaurant was closed. Mr. McDaniel ran around the side and headed for a gas station. He came to a steep embankment and jumped down the slope into the ditch. As he came over the other side and continued running toward the gas station, Mr. McDaniel saw his Monte Carlo pull out of the carwash. He also saw a black Chevrolet Impala pulling out at the same time. Mr. McDaniel reached the counter inside the gas station, told the attendant to call the police because he had just been carjacked and “those guys are trying to kill me,” and collapsed from exhaustion. The attendant revived him, and the Sheriff's Department arrived a few minutes later. That night, Mr. McDaniel provided a written statement to law enforcement officers describing the incident.

The next day, Detective Chris Tarlecky of the Sumner County Sheriff's Department received information from Trousdale County law enforcement to “be on the lookout” (“BOLO”) for the suspects in the carjacking and robbery. The BOLO dispatch contained the basic facts of the incident, described the stolen vehicle as a 2001 black Monte Carlo with custom wheels, provided a general description of the suspects, and identified the suspects' vehicle as a gold Maxima. Later that day the abandoned Monte Carlo was discovered at the Bledsoe Creek boat dock. Detective Tarlecky and another Sumner County Sheriff's Department officer drove to the boat dock.

Justin Scruggs, a friend of Mr. McDaniel, first discovered the Monte Carlo as he and some relatives were driving by the boat dock. Mr. Scruggs, his mother Tammy Scruggs Reed, and his uncle Jerry Scruggs pulled into the boat dock area and then called the Sumner and Trousdale County Sheriff's Departments. Mr. McDaniel was notified that his car had been found, and he, his mother, and his girlfriend also drove to the boat dock area to identify his car. Detective Tarlecky and the second Sumner County officer arrived in unmarked Ford Crown Victorias. Additionally, Trousdale County Sheriff Ray Russell and Detective David Winnett arrived on the scene shortly thereafter, driving another unmarked Crown Victoria. Detective Tarlecky testified that the stolen Monte Carlo's doors were locked, but that he could see that the CD player had been removed from the dashboard. He also observed that the Monte Carlo's wheels, which were custom after-market wheels that he valued at around $2,000, were still on the car and that the car contained several other potentially valuable items. Mr. McDaniel examined his car and confirmed that the CD player had been ripped out of the dashboard and that his rear stereo amplifier was also missing.

Detective Tarlecky stated that as they were inspecting the stolen car, he and the other officers observed a white Crown Victoria drive slowly by the boat dock and begin to make a right turn into the parking area. Detective Tarlecky could see the driver and passenger, who were African–American males, and he testified that “their eyes opened as big as saucers when they saw us and the vehicle just jerked back off on to ... the roadway.” He stated that the turn back on the road “was a startled movement. They had looked down and saw us and they abruptly turned back ... It caught our attention the way they did it.” The white Crown Victoria continued across the Bledsoe Creek bridge, then turned into a church parking lot, turned around, and slowly drove back by the boat dock area again. Detective Tarlecky got in his vehicle, activated its emergency lights, and initiated a stop of the Crown Victoria. Detective Tarlecky identified the driver as James Phillips, and the passenger as Defendant. Mr. Phillips consented to a search of the vehicle. Detective Tarlecky found a Chevrolet key chain in the door panel on the driver's side. He tossed the keys to Sheriff Russell, who confirmed that the car keys fit the Monte Carlo. The officers then took Mr. Phillips and Defendant into custody.

The search of the car also revealed several completed job application forms, one of which had been filled out by Marcus Bradford and listed an address of 1100 Winwood Drive in the nearby town of Castalian Springs. Detective Tarlecky went to the address and spoke with Mr. Bradford, who confirmed that he lived there, and consented to a search of the common areas of the house and his bedroom. In the living room, Detective Tarlecky found a large speaker box and a CD player with part of a car dashboard attached to it. Detective Tarlecky discovered a large amplifier of the same brand as Mr. McDaniel's stolen amplifier and a blue backpack in the “game room” of the house. The backpack contained a red hat with a depiction of a $100 bill embroidered on it,...

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