State v. Smith
| Decision Date | 02 March 2012 |
| Docket Number | No. M2010-01384-CCA-R3-CD,M2010-01384-CCA-R3-CD |
| Parties | STATE OF TENNESSEE v. WILLIAM DARELLE SMITH |
| Court | Tennessee Court of Criminal Appeals |
Assigned on Briefs November 10, 2011
Direct Appeal from the Criminal Court for Davidson County
No. 2007-C-2675 Seth Norman, Judge
A Davidson County jury convicted the Defendant, William Darelle Smith, of first degree premeditated murder, and the trial court sentenced the Defendant to serve a life sentence in the Tennessee Department of Correction. The Defendant appeals his conviction, claiming the following: (1) the trial court erred when it allowed the Defendant's girlfriend to testify about threatening statements the Defendant made two or three days before the victim's murder; (2) the evidence is insufficient to support his conviction; and (3) the trial court erred when it failed to inquire into possible juror misconduct. After a thorough review of the record and applicable law, we affirm the trial court's judgment.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
THOMAS T. WOODALL filed a concurring opinion.
Emma Rae Tennent (on appeal), Joan Lawson (at trial), and Michael Engle (at trial), Nashville, Tennessee, for the appellant, William Darelle Smith.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Chris Buford and Katy Miller, Assistant District Attorneys General, for the appellee, State of Tennessee.
This case arises from the murder of a woman named Zurisaday Villanueva. A Davidson County grand jury indicted the Defendant for the premeditated first degree murder, charging that he shot and killed the victim. At the Defendant's trial, the parties presented the followingevidence: Luz Villanueva, the victim's mother, testified that her daughter had been married to the Defendant and that the two had not been married for "long" at the time of the victim's death.
James Pearson testified that on June 4, 2007, he drove to work on Briley Parkway a little after 5:00 a.m. As he exited Briley Parkway onto the Ashland City exit ramp, he noticed an individual lying face-down on the side of the road. Pearson pulled over, got out of his car, and walked toward the individual thinking maybe it was someone who had "too much to drink or passed out." Pearson explained that he had previously been employed as a medic in the military, where he had been trained to talk to an individual as he approached. Accordingly, he spoke to the person lying on the ground, but he received no response. He touched the victim's shoulder "to kind of shake her" but noticed that "she was cold," so he stepped away and called 9-1-1. Pearson described the area where he found the victim as "pretty rural" with very little traffic at that time of the morning.
Officer James Pearce, a Metropolitan Nashville Police Department officer, testified that when he arrived on the scene he checked the victim's pulse and then called an ambulance. Officer Pearce said that it appeared as though there had been a "scuffle" in the gravel area right next to the pavement of the exit ramp. On the other side of the gravel area, there was a grassy area where the victim's body lay.
Officer Thomas Simpkins, a Metropolitan Nashville Police Department officer, testified that he collected two spent .9 millimeter shell casings at the crime scene. One was found lying near the victim and the other on the ground closer to the exit ramp road. He attempted to recover fingerprints from the casings but was unable to do so. Officer Simpkins testified that police officers made a plaster cast mold of two locations at the scene, one of a car tire impression and the other of a possible shoe impression.
Officer Simpkins testified that on June 8, 2007, he reported to the Defendant's apartment and collected a .9 millimeter gun and ammunition. Officer Simpkins processed the gun and ammunition for fingerprints, but he was unable to develop any usable fingerprints.
Nakeda Kirby, the Defendant's cousin, testified that the Defendant and the victim came to her real estate office in March 2007, seeking to buy a house. Kirby had never met the victim, whom the Defendant introduced as his wife. Kirby said that she found a house for the couple, but, when it came close to the closing date, the victim's finances "fell through."
Kirby said that, at some point thereafter, Kirby learned of the victim's death and spoke with the Defendant about it. Kirby recalled that the Defendant told her that the Defendant and the victim were fighting when the victim brandished a gun. The Defendant and the victimstruggled over possession of the gun, the gun went off, and a bullet from the gun hit the victim. The Defendant told Kirby that, once the victim was shot, he tried to move her, and the victim reached up and grabbed his hand, which caused the gun to fire again. Kirby said that, at the time the Defendant relayed these events to her, she was unaware that the victim had been shot twice. Kirby said that she asked the Defendant why he did not call the police when the shooting occurred, and the Defendant told Kirby that he "panicked."
On cross-examination, Kirby agreed that the Defendant had discussed purchasing a house with Kirby before March 2007, when the Defendant first introduced Kirby to the victim. During this earlier conversation, the Defendant stated he was interested in purchasing a house in the price range of $129,000 to $132,000. At the time he brought the victim with him to discuss purchasing a house, the Defendant looked for homes in a price range between $300,000 and $750,000.
William Cecil Smith, the Defendant's father, testified that he owned a 1994 white Lincoln car in June 2007. At that time, Smith had given the Defendant possession of the car. Smith said that he and his son had a disagreement over the car because, for insurance purposes, Smith did not want anyone driving it other than the Defendant. Due to this disagreement, Smith said that, on June 5, 2007, he and his son drove the Lincoln to Chicago and left it with his daughter. Smith recalled that the Defendant was acting "peculiar" during this period of time.
Smith testified that, when they returned from Chicago, Smith learned that the Defendant's "girlfriend"1 had been killed. When asked what Smith did in response to learning this information, he said, "I tried to get him to turn himself in." Smith said that he found the Defendant in a car at Cedar Hill Park holding his .9 millimeter handgun, which the Defendant normally carried for protection. When Smith found the Defendant in Cedar Hill Park, he believed the Defendant was going to try and kill himself, so Smith "talked him out of it." Smith denied telling police that he talked with the Defendant at the park about the Defendant's fears about the consequences of shooting the victim. The State presented Smith with a police report that indicated that Smith told police he talked with his son about his fear of the consequences of shooting the victim. Smith, however, maintained that he did not recall telling police about a discussion of this nature. Smith agreed that, since this incident, he had suffered a stroke, which had affected his memory.
Julia Crawford testified that she had dated the Defendant for the past "two or threeyears." Crawford recalled that on a Friday night in June 2007, she and the Defendant went out and had a couple of drinks. The Defendant and Crawford went to the Defendant's apartment, but Crawford said she felt sick and asked the Defendant to take her home. When the two got into the car to go to Crawford's home, the Defendant said, "Man that is [the victim] down there." To which Crawford replied, "Okay."
Crawford testified the Defendant indicated that the victim had a gun, and he then placed his gun in Crawford's lap, telling her that he wanted her to kill the victim. Crawford told the Defendant, "what are you talking about, I need to go and get something to eat, I'm hungry, I'm sick." The Defendant then told her that he was just joking and only said that to see how she would react. Crawford said that the Defendant's comments were said in a "joking" manner, but, when she looked at his face and expression, she believed he was serious. The Defendant drove Crawford home and pulled in her driveway. Crawford gathered her belongings from the car and, when she looked up, the Defendant held a gun to her head. Crawford said that the Defendant told her To which Crawford responded, "I will do anything." Crawford said that she gave this response only because she wanted to get out of the Defendant's car. The Defendant then laid his gun down, told Crawford he loved her and gave her a kiss before she exited his vehicle.
Crawford testified that she had never seen the victim before but that the victim had called her cell phone numerous times claiming that the victim and the Defendant were in a relationship and living together. On Sunday night, the Defendant called Crawford and told her he wanted to talk. The Defendant came over to Crawford's home and told Crawford that the victim was dead. Crawford said that she got up off the couch and started crying. She said, "There was so many emotions and thoughts going through my head." Crawford said that she kept asking what happened, and the Defendant finally said that he killed the victim. Crawford described that Defendant as "not himself."
Patrick Smith, a Chicago police detective, testified that Detective Mike Roland contacted him in June 2007 requesting his assistance in locating a 1994 Lincoln Town Car for a Nashville homicide investigation. Detective Smith said that he drove to the address Detective Roland provided and observed a vehicle matching the...
To continue reading
Request your trial