Tennessee v. Hatcher

310 S.W.3d 788 (2010)

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Nature of the Case

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Facts

D was charged with alternative counts of first-degree premeditated murder and first-degree felony murder, and two counts of attempted first degree premeditated murder. Also charged were D's older brother, Christopher Hatcher (Chris), and D's friend, Cornelius Jefferson (Cornelius). D, seventeen years old at the time, was released from juvenile custody on the afternoon of April 3, 2001. That evening, D, Cornelius, and Dan Smith accompanied Chris to an apartment. The men opened fire with multiple guns, killing Mackey and injuring Flowers and Red. D was arrested, and he subsequently gave a statement. D admitted to knowing 'of' Red but not Mackey or Flowers. He also admitted to being present at the shooting. D stated that he 'and Cornelius had the shotgun and my brother Chris had a SK assault rifle. Dan had the other two which was a .38 and .25 or .22 automatic.' When D got home that day, his brother told him that Red tried to kill him, and showed D his .38 and said: 'I got this for him if he decides to come to the house looking for me.' D went to sleep, woke up, helped his mom bring groceries in the house. Cornelius came over, we drunk and they smoked, whatever, sit in the backyard. D stepped in the house for a minute talking to my mom, and my brother came in the house and told me to come here. D saw an SK lying on the ground. D asked his brother what was it for and he said protection. D went back in the house for a minute to talk to his mom. He went to the backyard, and Cornelius said his brother had gone to meet Dan. D and Cornelius walked to the store, on the way they saw Chris and Dan with the guns. Chris said he was about to take care of some business. Eventually, they went back to D's house and continued drinking and smoking. D got his brother to get some weed from him. Instead of getting some weed from they walked towards Randle's house. On the way we ran across three kids, I guess he thought one of the kids was Randle. So he walked up to him and asked who he was, and the boy replied that he knew my brother then D's brother pulled the SK up on him. Then the boy ran behind D and D told my brother no. After D told him no, the boy ran. Chris continued to walk towards Randle's house. Chris and Dan walked to the door, knocked on the door and began to open fire. Chris ran, and D assumed Dan ran in the house because D could hear a change in the shots fired. So D guessed Dan realized he was by himself, so he ran. Cornelius shot in the air as other shots were being fired. They all ran together through the shortcut. Dan caught up with and ran through the shortcut and then they all went our separate ways. D and Cornelius paid someone $10.00 to get to a hotel. They stayed there a couple of nights, and Cornelius left and went home. D stayed in the motel. Cornelius, also seventeen years old, testified at trial. He explained that he and D had been at D's house before the shootings, 'smoking [weed] and drinking . . . a little liquor.' Chris came over with some 'long rifles' and had Cornelius and D 'go with him' to some nearby apartments. D was convicted of the first degree premeditated murder of Marcel Mackey, the alternative count of first-degree felony murder, and the attempted first-degree premeditated murders of Anitra Flowers and Randall White/Moore. D appealed and in part complains about the trial court's failure to instruct the jury about voluntary intoxication.