Larry Ward was convicted of criminally negligent homicide, a Class E felony, and sentenced to four years in the workhouse as a Range II, multiple offender. On appeal, he contested the sufficiency of evidence supporting his conviction. The Court of Criminal Appeals of Tennessee reviewed the evidence and determined it was inadequate to establish, beyond a reasonable doubt, that a homicide occurred. Consequently, the court reversed the trial court's judgment, vacated the conviction, and dismissed the charges against Ward. The background of the case involved testimony from the victim's sister, Diann Fryer, who described a history of abuse in the victim's marriage and detailed the victim's struggles with mental health and medical issues. Despite the victim's past attempts to leave the defendant, she ultimately returned home following assurances of therapy. Additional testimony indicated that, although the victim had a challenging relationship with Ward, she still expressed love for him. The court's decision was delivered by Judge J.C. McLin, with Judges James Curwood Witt, Jr. and John Everett Williams concurring.
Barbara Tharpe, sister of the victim, testified about the victim's increasing distance from her family and a Thanksgiving invitation in 2004, during which the victim was proud of her meal but reserved around the defendant. Tharpe noted the victim never appeared suicidal and mentioned that she had been in counseling over suspicions of the defendant's infidelity. After the victim's death, Tharpe searched for her belongings but could not find her purse or cell phone. Officer Robin Bass, who responded to a suicide call in July 2005 at the victim's home, described a past encounter with the victim in January 2005 when she sought help from police due to domestic violence. Upon arriving at the scene of the suicide, Bass found the victim on the floor and noted the presence of a gun hidden beneath her body. Officer Nicholas Kollias, also present at the scene, conducted a protective sweep and later discovered the gun, suggesting its unusual position indicated the victim may have fallen on it. Kollias stated that this incident was the first reported suicide of a black female he had encountered. Nikki McIntosh, director of a women's shelter, confirmed that the victim had sought refuge there briefly in early 2005, indicating a history of domestic abuse.
James Coburn, a fire fighter paramedic, testified about his response to a shooting on Faxon Avenue on July 8, 2005. He found the victim, who appeared deceased, with visible brain matter and skull fragments. Coburn confirmed her death using a cardiac monitor without moving her body. He noted that he had previously encountered five to six suicides, none involving black females. Donald C. Parker, another fire fighter and EMT, echoed Coburn's observations and stated that this was the first reported suicide of a black female he had encountered.
Memphis Police Officer Charles Cathey processed the crime scene, photographing it and collecting a .22 caliber revolver found under the victim’s leg. He noted the presence of a spent cartridge and a biohazard sticker was placed on the weapon due to an unknown substance. Officer Cathey also documented blood spots on the back door and stated that he had previously responded to ten to eleven adult suicides, with the victim being the only black female among them. He confirmed that hair fibers were found on the weapon and back door.
Lieutenant Jessica Burton, the lead investigator, indicated that she had investigated about twenty suicides without encountering a black female victim before. She deemed the homicide charge against the defendant appropriate based on several factors, including the victim's positioning, her eyeglasses still being on her, and the gun's placement. She acknowledged the victim's left-handedness as a significant factor in her decision. Although she subpoenaed the defendant’s cell phone records, she did not review them as she transferred to another bureau.
Officer Hope Smith collected evidence from the scene, focusing on the bathroom and bedroom, where she photographed and collected items such as blue jeans with a stain. She also gathered various cleaning items and substance samples from different locations in the home but could not confirm whether the blue jeans belonged to the defendant or the victim.
Memphis Police Sergeant Anthony Mullins testified regarding his investigation into the victim's death. He advised the defendant of his Miranda rights, and the defendant consented to an interview. The defendant recounted that he and the victim had coffee and watched television at 5:00 a.m. before he left for roofing work. He attempted to contact the victim later but, upon returning home after failing to reach her, discovered her unresponsive on the floor with blood nearby. He immediately called 911 at 7:48 a.m., initially suggesting to the operator that the victim had shot herself, although he later informed Sergeant Mullins that he did not see a gun.
The defendant possessed several firearms, including a .22 magnum revolver, which he identified as belonging to the victim, though he was unsure where it was kept. He claimed the victim appeared normal and was not expressing suicidal thoughts that morning. During the interview, Mullins learned the victim had bruises on her face and torso, leading him to inquire about past domestic abuse. The defendant admitted to a physical altercation with the victim the previous Wednesday but claimed it was mutual.
The testimony also revealed that the victim had previously sought police assistance due to fears for her safety. The defendant described changes in the victim's behavior following medical issues, including depression after heart surgery. He mentioned statements attributed to the victim expressing despair, although he did not interpret them as suicidal.
Mullins indicated a suspicion that evidence might be found in the bathroom, noting blood drippings, but found no blood trail between the body and the bathroom. He acknowledged that the age of the blood in the bathroom could not be determined.
Agent Margaret Bash from the Tennessee Bureau of Investigation testified about her role as a serologist and DNA analyst in July 2005. She identified presumptive blood on various items from the bathroom at 2389 Faxon Avenue, including a body scrubber, washcloth, bathtub handle, bathroom floor, and an ashtray. However, she did not confirm the blood due to the potential depletion of samples needed for DNA testing. Comparisons of DNA profiles from the scrubber and other items matched the victim's DNA, while the blood on the bathtub handle lacked sufficient or usable DNA for comparison. Bash acknowledged she could not determine the age of the blood stains.
Agent Steve Scott confirmed that a bullet recovered from the victim was fired from a Taurus .22 magnum pistol found at the scene. Agent Laura Hodge, who conducts gunshot residue analyses, reported that no residue was found on the victim's clothing, and the results from a residue kit taken from the victim's hands were inconclusive, allowing for the possibility that the victim had been near a gun. Hodge noted low levels of barium and lead on the victim’s hands but emphasized that antimony was also needed to confirm gunshot residue.
Dr. Kenneth S. Snell, the Deputy Chief Medical Examiner, determined the victim died from a contact gunshot wound to the head and noted multiple contusions estimated to have occurred within 48 hours of death. He classified the death as a homicide based on discussions with investigators and mentioned that, typically in suicides, a weapon found under the body is not common. He was not informed about any mental health medications the victim may have taken and did not retain the victim’s nightgown as evidence.
Forensic scientist Agent Donna Nelson analyzed jeans from the scene and confirmed the blood on them was the victim's, but found no blood on a t-shirt and could not obtain a DNA profile from it. She also did not determine the age of the bloodstains on the jeans.
In defense, Willie C. Glover testified about her long-standing relationship with the defendant and her acquaintance with the victim.
Ms. Glover testified that the defendant moved into her home in September 2006. On July 8, 2005, the defendant called her at approximately 6:30 or 6:35 a.m., arrived at her house around 7:15 a.m., and stayed for about twenty to thirty minutes, during which he measured tires on a truck in her backyard. After leaving, he called her at 7:48 a.m. Ms. Glover later visited his house and discovered the victim had been shot; she noted the defendant's normal demeanor that morning and identified his clothing as a blue t-shirt and green shorts. During cross-examination, she referenced her police statement indicating the defendant had called her at 7:30 a.m. Ursula Jones, a family friend of the defendant since the 1970s, testified that she arranged to meet him on July 8, 2005, to discuss roof work. The defendant called her at 6:40 a.m. to say he was in her driveway, and they met around 7:00 a.m., during which he wore a light blue t-shirt.
Dr. Joseph Hudson, a retired neurosurgeon, stated he performed carpal tunnel surgery on the victim in 1998, noting she was ambidextrous according to her intake form. Marybeth Wingfield, a licensed clinical social worker, recounted the victim's therapy session on April 23, 2004, where the victim described various mental health issues, including depression and hallucinations. The victim and the defendant attended a session together on May 14, 2004, expressing concerns about infidelity and contemplating reconciliation. The victim reported taking Zyprexa and no longer having hallucinations. On May 20, 2004, she disclosed the defendant's difficulty forgiving her infidelity and described him as bipolar and verbally abusive, mentioning his history of physical abuse and time in jail. Wingfield noted her transcribed notes indicated the defendant had suicidal ideation, but her contemporaneous notes were unclear as to whether they referred to him or the victim. By July 20, 2004, the victim indicated she and the defendant were married and “doing well.” Dr. Joan Michelle Allmon confirmed that she refilled the victim's Zyprexa prescription contingent upon her seeing a psychiatrist, referring her to Dr. Robert Burkhalter.
Dr. Allmon diagnosed the victim with a sexually transmitted disease in March 2005. Psychiatrist Dr. Robert Burkhalter first evaluated the victim on May 20, 2005, noting her complaints of depression and paranoid thoughts, alongside her history of medication use, including Zyprexa. After stopping Zyprexa, the victim experienced paranoia and hallucinations. Dr. Burkhalter diagnosed her with major depression with psychosis, adjusted her medication to Abilify after she reported nausea from the initial dosage, and observed improvement in her condition by June 23, 2005. He acknowledged that while suicide could be a rare side effect of Abilify, it generally was not a significant concern.
Forensic pathologist Dr. O’Brian Cleary Smith emphasized the importance of examining the victim's clothing and hands to determine the cause of death, whether suicide or homicide, highlighting the relevance of gunshot residue and blood spatter. He criticized reliance on bruising color for age determination of injuries, advocating for tissue sampling instead. Dr. Smith referenced a 2000 Emory University study linking high psychological stress in African American women to suicidal ideation and noted the importance of assessing various psychological risk factors.
Dr. Smith concluded he could not determine the manner of death due to insufficient evidence, stating he lacked enough information to classify it as a homicide. After the trial, the jury convicted the defendant of criminally negligent homicide, and he was sentenced to four years in the workhouse. On appeal, the defendant contends that there was inadequate evidence of any criminally negligent conduct leading to the victim's death.
Once a jury finds a defendant guilty, the presumption of innocence is replaced by a presumption of guilt, placing the burden on the defendant to demonstrate that the evidence does not support the jury’s verdict. To meet this burden, the defendant must show that no rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. The jury's verdict, supported by the trial judge, credits the state’s witnesses and resolves conflicts in favor of the state, which is entitled to the strongest legitimate view of the evidence and all reasonable inferences drawn from it. The credibility of witnesses and factual issues are resolved by the trier of fact, not the appellate court, which does not re-weigh evidence or substitute its own inferences from circumstantial evidence. A conviction can be based on direct or circumstantial evidence, with circumstantial evidence alone being sufficient. The state is not required to exclude every other hypothesis besides guilt, as the jury only needs to weigh the evidence against the reasonable doubt standard.
Criminally negligent homicide is defined as conduct that results in death due to the failure to perceive a substantial and unjustifiable risk, constituting a gross deviation from the standard of care. In this case, although the victim died from a gunshot wound, the evidence did not establish that the death was a homicide or that the defendant was responsible. The court concluded that the evidence was insufficient to sustain a conviction for criminally negligent homicide, resulting in the reversal of the trial court's judgment, vacating the conviction, and dismissing the charge against the defendant.
