State v. Pirtle
| Decision Date | 22 July 2016 |
| Docket Number | No. W2014-02222-CCA-R3-CD,W2014-02222-CCA-R3-CD |
| Parties | STATE OF TENNESSEE v. DEMETRIUS J. PIRTLE and CORDARIUS R. MAXWELL |
| Court | Tennessee Court of Criminal Appeals |
Appeal from the Circuit Court for Madison County
The defendants, Demetrius J. Pirtle and Cordarius R. Maxwell, were each convicted by a jury of one count of robbery, a Class C felony; one count of aggravated robbery, a Class B felony; six counts of attempted second degree murder, a Class B felony; six counts of aggravated assault, a Class C felony; one count of vandalism of property worth $1,000 or more, a Class D felony; and one count of employing a firearm during the commission of a dangerous felony, a Class C felony. After merging the aggravated assault convictions into the attempted second degree murder convictions, the trial court sentenced both defendants to an effective thirty-year sentence. On appeal, Mr. Pirtle challenges only the sufficiency of the evidence, asserting that his identity was insufficiently proven on all counts save the vandalism conviction and that the elements of robbery were not established. Mr. Maxwell raises the same issues as Mr. Pirtle, and he also challenges the conviction on the weapons offense as inconsistent with the other parts of the jury's verdict and contests the imposition of consecutive sentences. The appeals were consolidated. Following our review, we affirm the defendants' sentences and convictions.
George Morton Googe, District Public Defender, and Gregory Gookin, Assistant District Public Defender, for the Appellant, Demetrius J. Pirtle; and David Camp, Jackson, Tennessee, for the Appellant, Cordarius R. Maxwell.
Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the Appellee, State of Tennessee.
OPINIONThe victims, six young adults, decided to take a detour in an area of Jackson that they believed was dangerous. They encountered two men who robbed them of money and of a firearm and who then shot numerous times into the victims' vehicle.
On July 18, 2013, Erin Dillard, who was eighteen years old at the time, invited some friends to her parents' home in Milan, Tennessee, while her parents were out of town. There was alcohol at the party, which Ms. Dillard testified Clint Sutton, twenty-four, had helped her procure. The guests included Hayden Green, Thomas Caldwell, Sara Reagan, Maegan Smith, and Mr. Sutton. None of these guests, with the exception of Mr. Sutton, was over twenty-one years of age. All of the victims in the case testified that they had consumed some alcohol. Mr. Sutton testified that he did not feel any effects from the alcohol he had consumed. Several of the victims, including Mr. Caldwell, testified that Mr. Caldwell was very intoxicated, and Mr. Caldwell's testimony was, accordingly, not very detailed. Mr. Green and Ms. Reagan testified that they were also somewhat intoxicated.
After spending some time at Ms. Dillard's house, the group decided to go "mudding" in Bemis, south of Jackson, Tennessee, in Mr. Sutton's pickup truck. They left Ms. Dillard's home sometime after midnight, stopping to allow Mr. Green to drop his vehicle at his home. Mr. Sutton drove his truck, Ms. Smith sat in the middle seat in the front, and Mr. Green sat in the passenger's seat. Ms. Reagan sat behind the driver, Ms. Dillard was in the middle of the back row, and Mr. Caldwell was behind Mr. Green. Mr. Sutton drove on the back roads to get to Jackson. He testified he did not choose the back roads because he was intoxicated.
Mr. Sutton testified that he always carried a gun in his vehicle but that the other occupants did not know he had a gun. His gun was a .45-caliber handgun, loaded with eleven rounds. Mr. Green, Ms. Reagan, and Ms. Smith testified that, as they arrived in Jackson, Mr. Sutton said something about Lincoln Courts being the most dangerous place in Jackson, simultaneously turning into the Lincoln Courts area. Mr. Sutton testified that his reason for turning was that he had "wanted to do something interesting." Mr. Sutton testified that he had his gun in his lap, under his legs. After they pulled into Lincoln Courts, Ms. Smith was afraid and asked Mr. Sutton to turn around, and he turned into a driveway to turn around, then drove the opposite direction down the same street in an attempt to exit the area.
Mr. Sutton, Mr. Green, Ms. Dillard, and Ms. Reagan testified that they saw two young men walking in the road and that one of the men walked into the pathway of the truck, forcing Mr. Sutton to stop the vehicle. The victims were able to make various identifications of the defendants, both in photographic lineups and at trial. Mr. Sutton was able to identify Mr. Pirtle as the taller of the two young men. Mr. Sutton also described Mr. Pirtle's clothing and was able to identify a picture taken from Mr. Pirtle's Facebook page which showed him wearing a shirt and baseball cap which Mr. Sutton recognized from the night of the crime. Mr. Sutton identified Mr. Pirtle in court. Mr. Sutton also identified an individual from a photographic lineup as being the shorter of the two assailants. Mr. Sutton told police he was "confident" regarding both identifications; however, the person Mr. Sutton chose for the shorter assailant was not Mr. Maxwell. Mr. Sutton was not able to identify Mr. Maxwell in court. Ms. Dillard identified both defendants from a photographic lineup; however, in identifying Mr. Pirtle, she commented, "This guy only seems to be 10 to 20% right because of his eyes." Ms. Dillard identified both defendants in court. Ms. Reagan was able to identify Mr. Maxwell but could not identify Mr. Pirtle from a photographic lineup. She identified both defendants in court. She acknowledged having told an investigator that she could not identify Mr. Pirtle because she could not see him well from the back seat. Ms. Reagan testified that she spoke with Mr. Maxwell during the encounter and remembered him well. She acknowledged that she was a friend of Ms. Dillard's and might have had an opportunity to talk with her about the photographic array containing Mr. Maxwell, but she testified she did not recall doing so. Mr. Caldwell and Ms. Smith could not identify either defendant, Mr. Caldwell because he was intoxicated and Ms. Smith because she was so frightened that she never looked at the men. Mr. Green also could not make any identifications.
After the vehicle stopped, the two young men approached the driver's window, and Mr. Pirtle spoke with Mr. Sutton while Mr. Maxwell asked Ms. Reagan her name. All of the victims denied that they were in the area to purchase drugs. Ms. Reagan testified that she saw Mr. Maxwell pull marijuana out of his pants and offer it for sale butthat no one bought the drugs. Ms. Dillard and Ms. Smith also testified that the defendants asked the victims if they wanted to buy drugs but that the victims said they did not.
Mr. Sutton testified that, as they were talking to the men through the window, he momentarily turned to Mr. Green. Mr. Sutton stated, Mr. Green, Ms. Dillard, Ms. Reagan, and Ms. Smith also saw one of the men lean in to take a firearm from Mr. Sutton. Mr. Sutton stated that after he felt something brush his arm, he looked and saw Mr. Pirtle "pulling [the gun] out of the window." Ms. Reagan and Mr. Sutton saw Mr. Maxwell reach into his shorts to pull out a gun. Mr. Green and Ms. Dillard also testified that the assailants had a second gun. All of the victims except Mr. Caldwell testified that the men were pointing the guns at Mr. Sutton. Mr. Green testified that Mr. Sutton's gun was pointed "in our faces."
At this point, the victims apparently entered into some negotiations to attempt to regain Mr. Sutton's gun. Mr. Sutton stated that he asked how he could get his gun back, and Mr. Pirtle told him he could get it for $400. Mr. Green said that the men wanted $375, and Ms. Dillard testified that they wanted $400 but Mr. Green had $375 in cash with him. Ms. Smith testified that Mr. Sutton "kept asking for his gun back." Ms. Reagan testified that the men were telling Mr. Sutton to buy back his gun but that Mr. Sutton hesitated because he did not feel he should have to pay for his own gun.
Mr. Green testified that he had $500 in his wallet and offered to buy the gun back for Mr. Sutton. Mr. Green testified that he frequently carried a lot of cash to emulate some older men he knew. Mr. Green was counting the money out and handing it to Mr. Sutton when one of the men, whom Mr. Sutton identified as Mr. Pirtle, grabbed all of the money from his hand. Ms. Dillard, Ms. Reagan, and Ms. Smith also testified that one of the men took the money from Mr. Green. Ms. Smith testified that Mr. Green was asking for his money back and Mr. Sutton was asking for his gun. Mr. Sutton, Ms. Smith, Ms. Dillard, and Ms. Reagan testified that after taking the money, the men told them to leave.
At the urging of his companions, Mr. Sutton drove off. After the car was in motion, the victims became aware that their assailants were shooting at them. Ms. Smith testified that the shots started a few seconds after the car began to move. Mr. Sutton testified they had driven about thirty to fifty feet. Mr. Caldwell testified it was approximately ten yards. When he became aware of the gunfire, Mr. Sutton looked in the side mirror and could see two...
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