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State v. Looper2/3/2003
keys, and some change. Carman inspected the victim's truck but did not find any fired bullets or cartridge cases. The driver's side window of the victim's truck had been rolled down and was not broken.
Agent Carman, who was qualified as a firearms identification expert at trial, testified that he examined the bullet recovered from the victim's body and determined it to be a nine-millimeter class jacketed bullet. Carman also received a Smith and Wesson Sigma Series Model SW9V nine-millimeter pistol, as well as a Smith and Wesson nine-millimeter magazine, for examination. After examining test-fired bullets from the pistol and comparing them with the bullet recovered from the victim, he determined that the bullet was fired from the barrel of the pistol. He testified that the magazine was restricted for law enforcement use and was banned for normal practice.
Dr. Sullivan Smith, an emergency physician at the Cookeville Regional Medical Center and the Putnam County Medical Examiner, testified that he arrived at the crime scene at approximately 9:30 a.m. The victim's body was still in his truck, and Dr. Smith observed that he had a bleeding wound from his face. Later, he signed the death certificate, which listed the cause of death as a gunshot wound to the head.
Dr. Charles Harlan testified that he performed the autopsy on the victim's body on October 19, 1998. The cause of the victim's death was a gunshot wound to the head. Dr. Harlan stated that the bullet entered the victim's body "at the junction of the left side of the bridge of the nose and the left eyebrow . . . and then traveled through the brain and was recovered in the posterior right calvarium." The victim's wound was a "distant gunshot wound," meaning that the barrel of the weapon was at least twenty-four inches from the victim's body when it was fired.
The morning that the victim was killed, Jenny Conley, the manager at the Hardee's restaurant in Monterey, was working at the drive-through window where her first customer that morning "seemed like he was in a hurry and nervous, upset that he had to wait for the correct food." As she corrected his order, he "slapped the money on the counter," from where the wind blew it into the store. She described the customer, who was wearing a white Oxford shirt and black, wire-rimmed glasses, as " ind of slender, average height . . . ark hair that's kind of feathered on the side." The customer was driving a black, four-door car with gray interior. Ms. Conley later identified the defendant from a photographic lineup as this customer.
The defendant appeared, again unannounced, at Sergeant Bond's apartment between 11 p.m. and 1 a.m. the night of October 19, 1998. After being admitted into the apartment, the defendant's first words were, "I did it, man, I did it." When questioned by Bond, the defendant said, "I killed that dude. . . . That guy I was running against. . . . I busted a cap in that dude's head." The defendant was " ervous, fidgety, pacing all over [Bond's] livingroom , pacing behind the couch, couldn't be still." The defendant said that he had used a nine-millimeter pistol he had gotten from "a guy he knew that either had a business or went to police auctions, went to gun shows, things like that." He said that, after he shot the victim, "he drove for about 10 or 15 minutes and threw [the pistol] out the window." Disclosing the details of the killing, the defendant said that it had been "kind of foggy" that morning and he had gone to the victim's house and shot him. Concerned that he had left tire tracks at the scene, he asked if Bond "knew a place where he could get . . . new tires." He said that, at the shooting, "he passed a guy on the road that either
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