EMBRACES EVERY ..
CONSTITUENT ELEMENT OF THE CHARGED OFFENSE.
ARGUMENT
GUILT/INNOCENCE PHASE EVIDENCE: THE STATE PUT ON FIVE WITNESSESS, WHO WERE ALL PRESENT AT THE DENNY'S AT THE TIME OF THE INCIDENT, NONE OF THE WITNESSES TESTIFIED THAT THEY SEEN PETITIONER ACTUALLY SHOOT THE VICTIM; (1) ERIKA GARCIA TESTIFIED PETITIONER WAS SCREAMING AT HIS GIRLFRIEND, SHE RECORDED THE INCIDENT. THE CELLPHONE VIDEO WAS ADMITTED AS STATE'S EXHIBIT (11RR34-37,40,42). SHE ALSO.TESTIFIED1SHE DID NOT SEE WHAT HAPPENED OUTSIDE AFTER THEY LEFT (11RR49). (2) ANGELA BURT TESTIFIED SHE DID NOT SEE THE SHOOTING. BURT: SECURITY
APPROACHED AND ASKED EVERYONE TO LEAVE (11RR75-76), TESTIFIED PETITIONER, CHAVALIER JENKINS, JUSTIN RICHARDSON AND DARIAN CARPENTER WALKED OUT THE DOOR. STATE: DID YOU HEAR OR SEE ANY
THING AS THEY WERE LEAVING DENNY'S? BURT: AFTER THEY LEFT OUT, I HEARD TWO GUNSHOTS. STATE: DID YOU SEE ANYBODY SHOOTING THAT NIGHT? BURT: NO I DIDN'T. (3) TINA PELLETIER, A WAITRESS AT THE DENNY'S TESTIFIED, SHE WAS PRESENT DURING THE INCIDENT. IN -5, STATE'S OPENING STATEMENT TO THE JURY 11RR20-21: STATED THAT PELLETIER WILL TELL YOU SHE SAW A GUY IN A PINK SHIRT, TAKE OUT A FIREARM AND SHOOT. PELLETIER TESTIFIED SHE DID NOT SEE THE
SHOTS, SHE JUST HEARD THEM 11RR101-102. SHE DESCRIBED THE PERSON TO THE JURY, PELLETIER: HE WAS WEARING A "WHITE SHIRT" AND HE WAS ABOUT MY HEIGHT. HE HAD A GUN IN HIS RIGHT HAND AND HE WAS WALK
ING TOWARDS THE VICTIM WHEN I HEARD THE SHOTS. (4) CHARMAINE HUNTER, ALSO AN EMPLOYEE AT THE DENNY'S TESTIFIED, SHE HAD KNOWN PETITIONER A COUPLE MONTHS PRIOR TO APRIL 2D, BECAUSE "HE IS A REGULAR" 11RR115-116. HUNTER IDENTIFIED PETITIONER AS BEING INVOLVED IN THE DISTURBANCE, SHE TESTIFIED SHE TRIED TO CALM DOWN PETITIONER 11RR120-122,INSIDE AND OUTSIDE THE DENNY'S. HUNTER TESTIFIED SHE TURNED HER HEAD, SHE SEEN HIM PULL OUT A GUN. AFTER THAT.."HUNTER: I HEARD PEOPLE SHOUTING, 'MIKE, NO. STOP, MIKE!' HUNTER TESIFIES SHE HEARD TWO SHOTS". STATE: AND DID YOU SEE MIKE SHOOT EITHER ONE OF THOSE SHOTS? HUNTER: NO, I JUST WENT BLANK. I DON'T REMEMBER ANYTHING AFTER THAT 11RR22. (5) JOESPH TAYLOR, WAS AT A TABLE IN DENNY'S, HE TESTIFIES THST TWO GUYS CAME IN AFTER A LARGER GROUP HAD BEENWSEATED AND CAUSED A DISTURBANCE 11RR128-131,135.. TAYLOR TESTIFIES THE GUY IN THE PINK SHIRT WAS ARGUING OR TALKING LOUD...WITH ONE OF THE GUYS IN THE LARGER GROUP. STATE: DO YOU REMEMBER WHICH GUY HE WAS ARGUING WITH? TAYLOR: HE...KIND-OF LOOKED AT HIM, BUT HE WAS TALKING TO THE FEMALE. TAYLOR TESTIFIES SECURITY GUARD TOLD THEM TO GET OUT OR TAKE IT OUTSIDE. STATE: DID YOU REMEMBER WHAT HAPPENED WHEN / THEY WERE OUTSIDE? TAYLOR: BUT AS THEY ARE--THERE ARE TWO GUYS WALKING DOWN THE SIDEWALK, AND I HEARD TWO SHOTS. AND IMMEDIATE LY 'AFTER' I HEARD THE TWO SHOTS, I LOOKED UP, LOOKED OUT THE WINDOW TO SEE WHAT WAS GOING ON. AND I SEE THE ONE GUY FALLING LIKE HE-THE ONE THAT GOT SHOT FALLING AND THE OTHER TWO GUYS RUNNING.