State v. Sutton
| Decision Date | 30 August 2012 |
| Docket Number | No. E2011-00398-CCA-R3-CD,E2011-00398-CCA-R3-CD |
| Parties | STATE OF TENNESSEE v. BRANDON SEAN SUTTON |
| Court | Tennessee Court of Criminal Appeals |
Appeal from the Circuit Court for Jefferson County
A Jefferson County jury convicted appellant, Brandon Sean Sutton, of first degree murder, and he received a sentence of life without the possibility of parole. On appeal, appellant argues that (1) the evidence was insufficient to sustain his conviction; (2) the trial court erred when it admitted certain photographs; (3) emotional displays from the victim's family violated his right to a fair trial; (4) the evidence did not support the sentence of life without parole; (5) the victim impact evidence was improper; and (6) the trial judge did not follow proper procedure when selecting the manner in which he removed alternate jurors. After reviewing the record, the parties' briefs, and the applicable law, we affirm the judgment of the trial court.
Robert L. Jolley, Jr. (on appeal), Knoxville, Tennessee and S. Joanne Sheldon (at trial) Newport, Tennessee, for the appellant, Brandon Sean Sutton.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; James B. Dunn, District Attorney General; and Jeremy Ball, Assistant District Attorney General, for the appellee, State of Tennessee.
OPINIONThe Jefferson County Grand Jury indicted appellant for first degree murder. The trial court held a jury trial on August 11-13, 2010. At the jury trial, the parties presented the following evidence.
Officer Joseph Owens with the Jefferson County Sheriff's Department testified that on January 28, 2007, he responded to a "fight call" on North White Pine Road. While en route to the scene, the dispatcher changed the call and said that a person was not breathing. When he arrived at the address, Officer Owens saw Lisa Stout standing outside the house. Ms. Stout told him that somebody in the house needed help. She went back inside the house, and Officer Owens followed her inside. Once inside, Officer Owens observed the victim, Anthony Scott Gibbs, lying on the couch with his whole head and face covered with blood. There were "real bad gash cuts" in the victim's head. Blood was on the couch, ceiling, and wall. Flesh was on the wall. The victim's head was lying on a black and white pillow. Officer Owens said the victim was gasping for air and gurgling. Officer Owens noticed the victim's jeans were pulled down to his thighs. He said that the victim's underwear was down on his thighs, but they still covered the victim's genitals.
Officer Owens determined that a double-sided axe may have caused the victim's injuries. He said the axe was propped on the victim's leg against the couch. Officer Owens further said blankets and a pair of panties were at the end of the couch. While Officer Owens examined the crime scene, Ms. Stout talked on the phone in the kitchen, which was in the back of the home. Officer Owens said Ms. Stout had blood on her. He did a "sweep" around the house to ensure that nobody was outside. He called for backup and emergency medical services ("EMS"). Deputy Greer was the next person to arrive at the scene. The EMS also arrived and treated the victim on the scene.
On cross-examination, Officer Owens testified that when he arrived on the scene, Ms. Stout kept saying that someone had stolen her car. Ms. Stout told Officer Owens that she and her friends had been drinking that evening. Officer Owens stated that he kept giving Ms. Stout commands, but she would not listen. Ms. Stout was initially talking to a 911 dispatcher on the phone. When she finished talking with the dispatcher, she began talking with someone else. Officer Owens said Ms. Stout seemed "indifferent" about the victim and moreconcerned about her car. He said the house in which he found the victim was not spacious and had short ceilings.
James Purkey, a paramedic with Jefferson County EMS, testified that on January 28, 2007, he responded to a call on North White Pine Road. When he arrived at the scene, the victim was lying on the couch with his head toward the door. Mr. Purkey recalled that the victim's "pants and underwear both were down at least to his knees." Mr. Purkey could not find a pulse for the victim and said that the victim was having "spontaneous respirations." He explained that spontaneous respirations meant that the victim was breathing but he was not moving enough air to keep him alive. He suspected that the victim probably had weak blood pressure from the wounds and bleeding.
Mr. Purkey and another paramedic did an initial assessment and determined that the victim was in critical condition. They put the victim on a stretcher, took him to the ambulance, and began rendering aid. Paramedics were on the scene for approximately twenty minutes trying to stabilize the victim. They called for a helicopter to meet them at Talbott Elementary School. When the victim got in the helicopter, he was alive but not breathing on his own.
Randall Charles Kinnick, a paramedic with Jefferson County EMS, testified that on January 28, 2007, he responded to a call on North White Pine Road. When he walked into the house, he saw the victim lying on the couch and "a lot of blood everywhere." He said the victim, who was still alive, had "some type of homemade-looking weapon laying on his crotch[.]" Mr. Kinnick picked up the weapon and laid it on a table. He said the victim was wearing blue jeans that were not pulled all the way up. Mr. Kinnick could not recall whether the victim's genitals were exposed.
Mr. Kinnick stated that the call to this incident stood out because the scene was especially "gory." He recalled that there "was a lot of blood like [the victim] had been there for quite awhile." Mr. Kinnick stated the victim's injuries were mainly on his head. The victim's breathing was at a rate of "twenty per minute." Mr. Kinnick said that was a normal rate, and the victim was alive when they placed him in the helicopter.
On cross-examination, Mr. Kinnick testified that while helping the victim, he focused on his head because that was where the injuries were. He said the room that the victim was in was "pretty small." Mr. Kinnick put latex gloves on his hands en route to the scene and was wearing them when he moved the weapon to the table.
Corporal Donna Greer with the Jefferson County Sheriff's Department testified that she responded to a call from dispatch regarding a crime scene on North White Pine Road.When she arrived, Officer Owens, paramedics, and Ms. Stout were there. The victim was on the couch. Corporal Greer said the victim was clothed and was not exposed in any way. Corporal Greer spent most of her time in the kitchen with Ms. Stout and took Ms. Stout's statement that evening.
On cross-examination, Corporal Greer testified that Ms. Stout was talking about someone stealing her car and did not check on the victim's condition. Ms. Stout told Corporal Greer about going to the Midnight Rodeo that night. According to Corporal Greer, Ms. Stout did not mention appellant to her.
Robert Harrison, the victim's best friend, testified that the victim was married and had three children. At the time of his death, the victim and his wife were separated but trying to reconcile. Mr. Harrison was with the victim on January 27, 2007, until the early morning of January 28th. On January 27th, the victim called Mr. Harrison and asked if he wanted to go out that evening. The victim picked up Mr. Harrison at his house. The men then went to Ms. Stout's house around 8:00 p.m.
Several people were at Ms. Stout's house drinking Jack Daniels, and the victim and Mr. Harrison joined them. Eventually, Mr. Harrison, Ms. Stout, Christi Cate, Ted Pollard, and the victim got into Ms. Stout's vehicle and went to the Midnight Rodeo. On the way to the Midnight Rodeo, they stopped to pick up appellant at his mother's house.
The group arrived at the Midnight Rodeo between 10:30 p.m. and 11:00 p.m. They stayed at the bar until it closed. Mr. Harrison said everyone was having fun, drinking, and dancing at the Midnight Rodeo. He further said everyone in the group was drinking except Mr. Pollard. Mr. Harrison danced with Ms. Stout at the bar. At the time, he did not know whether Ms. Stout was in a relationship with anyone. Mr. Harrison had known Ms. Stout for fifteen years. The victim met Ms. Stout on a few prior occasions but barely knew her. The victim did not dance or make any advances toward Ms. Stout. Mr. Harrison did not think the victim had met appellant before that night and said that "everything was kosher" between them on the ride to the Midnight Rodeo.
Mr. Harrison further testified that after leaving the Midnight Rodeo, the group was planning to take appellant home, but appellant wanted to take care of Ms. Stout, who was ill. The group went to Mr. Harrison's house to try to help Ms. Stout. When they arrived, the victim went inside and lay on the couch. The group stayed at Mr. Harrison's house for approximately twenty minutes before leaving. They left because his house did not have electricity and it was cold. Mr. Harrison said that the victim did not want to leave and that he had to shake the victim awake so that he could return to the vehicle. According to Mr. Harrison, the victim was "tired and had a buzz going on [sic]."
The group returned to Ms. Stout's house. When they arrived, Ms. Stout, who was intoxicated, hit her head on the vehicle's door while attempting to exit. Mr. Harrison grabbed her by her underarms and walked her into the house. Ms. Stout was vomiting in the bathroom, and appellant went into the bathroom to take care of her. The victim went straight to the couch and fell...
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