State v. Coulter

67 S.W.3d 3 (2001)

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Nature of the Case

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Facts

D was indicted for first-degree premeditated murder arising from the shooting death of D's wife, Robin. D’s defense at trial was the killing was not premeditated but was an impulsive act. At trial, P established that D and his wife had been married for approximately two years. Thompson, the owner of Brentwood Security and Patrol, testified on behalf of P. Thompson testified that, due to his employment as a security guard, D possessed a 'written directive' to carry a Taurus .38 Special revolver, was trained in the use of the Taurus .38 Special revolver, and was qualified as a 'police sharpshooter.' Thompson testified that D was experiencing marital difficulties and complained to Thompson concerning his lack of sexual relations with his wife. Two weeks prior to his offense, D appeared to be 'just a little bit down' and was 'more or less silent.' D’s defense at trial was the killing was not premeditated but was an impulsive act. Alexander, a lieutenant with Brentwood Security and Patrol, confirmed that D was complaining of marital difficulties. D was very bitter about his relationship with his wife and frequently referred to his wife as a 'b**ch.' D would also make statements to myself and other people to the fact that she was giving him a hard time. And the statements he would make, If she tries to take my trailer, I'll kill the b**ch. If she tries - - I'm getting tired of her. She won't leave me alone. I can't get no rest. I think I'll just go on and kill the b**ch. Alexander visited D's wife at her workplace one evening, informed her about the D's threats, and 'warned her that she might not want to push D.' At trial, Special Agent Carman testified concerning the steps required to fire the D's Taurus .38 Special revolver and the amount of pressure required to pull the trigger on the revolver. It took 12 pounds of force to fire without the hammer first having been cocked. In the presence of the jury, the prosecutor inquired of the trial court: Judge, I would like for the members of the jury to stand down and each one to pull the trigger of that gun so that they can find out for themselves how easy or difficult it is. D counsel responded that 'there's no sense in them coming down and pulling the trigger on this.' The jury members would have an opportunity to pull the trigger during their deliberations. The prosecutor explained to the court: Judge, I'd just like to make sure that they did. I think it's important. D said something about I walked in there and then there was a pop and then there was another pop in part of his statement. It sounds like this gun just kind of went off by itself. The court overruled D’s objection. D was convicted and appealed.