Antonio Arnold was convicted by a Shelby County jury of felony murder, voluntary manslaughter, aggravated burglary, and aggravated assault. He appealed the convictions on the grounds of insufficient evidence and four evidentiary rulings made during the trial. The Court of Criminal Appeals of Tennessee reviewed the record and affirmed the trial court’s judgments.
The case stemmed from an incident on October 21, 2001, when Arnold forcibly entered the home of Sandra Alexander, assaulted her, and shot her boyfriend, Gary Colbert. Prior to the incident, Alexander’s mother, Diana Sample, testified that Arnold had threatened to kill Colbert. On the morning of the assault, Arnold confronted Alexander in her bedroom, brandishing a utility belt with weapons. He ordered Alexander to handcuff Colbert, but a struggle ensued between Arnold and Colbert, during which a gun was fired. After the shooting, Alexander sought help, and the aftermath severely affected her mental health.
The court opinion was delivered by Judge J.C. McLin, with Judges Thomas T. Woodall and John Everett Williams concurring. The appellant was represented by Phyllis Aluko and Larry Nance, while the State was represented by Paul G. Summers and his team.
Cassandra Cooper testified that on October 21, 2001, she was awakened by noise and arguing in her home, involving her mother, Colbert, and the defendant, prompting her to call 911. She hid outside and later saw her mother flee the house, while the defendant ran to his car and shot at a window, which she heard but did not see. Tiara Cooper, another daughter, awoke to gunshots and observed the defendant leaving the house, with Colbert lying injured on the kitchen floor. Jasmine Cooper, the youngest daughter, was also awakened by glass shattering and witnessed her mother and sister running away while arguing with an unidentified individual.
Officer Russell Woolley responded to a disturbance call and was warned by a young girl that the defendant was still inside and dangerous. Upon entering the residence, he found evidence of a recent shooting, including a black ski mask, fresh gunpowder, and a critically injured male, identified as Colbert, holding a gun. Woolley discovered ammunition and various items in the master bedroom, including a hatchet and a spent bullet. Colbert was observed with bite marks and died at the scene. Officer Thomas Avery corroborated Woolley's account, stating he moved the gun from Colbert's hand for safety. Officer Patricia Turnmire collected multiple pieces of evidence, including a .380 caliber handgun, spent casings, and bloody items, noting that no nine-millimeter weapon or casings were found despite their mention in the investigation. Lieutenant Anthony Craig indicated that the suspect likely entered through a window, leading to a struggle and gunfire.
Lieutenant Craig testified that Ms. Alexander identified Colbert as the victim and the defendant as a possible suspect. He reported that the defendant's father mentioned a list with Ms. Alexander’s name. The defendant's abandoned vehicle was towed, revealing a green and black duffle bag, duct tape, a ski mask, flexie cuffs, ammunition, and a cassette tape. The tape contained two songs followed by a male voice claiming to be "Captain Smith" on a mission, which Lieutenant Craig identified as the defendant's voice. The defendant spontaneously claimed to be Captain Smith returning from a mission, stating he had encountered an enemy, a female, whom he couldn't eliminate. Lieutenant Craig suspected the defendant was "faking it."
Dr. O.C. Smith, the Medical Examiner, conducted the autopsy on Colbert, determining the cause of death as multiple gunshot wounds, with injuries to the right thigh, scrotum, and left thigh, possibly caused by a single bullet. He found abrasions on Colbert's wrists and a bite mark on his forearm, indicating a struggle before death, but could not confirm defensive wounds or recover bullet fragments for comparison. He speculated the bullets were from a medium caliber weapon but could not specify which.
Tamala Arnold, the defendant’s sister, testified that the defendant lived with her and had papers showing he took out a loan to pay off Ms. Alexander’s loan. She acknowledged her awareness of a protective order against her brother but admitted they had seen each other. Adrian Arnold, the defendant’s brother, stated he was present after the shooting and did not hear their father mention a list. He observed the defendant the following day acting unusually, like he was in military training. The jury convicted the defendant of felony murder, voluntary manslaughter, aggravated burglary, and aggravated assault, leading to a ten-year sentence for each of the latter two convictions, which were merged with the felony murder conviction resulting in a life sentence.
The defendant contests the sufficiency of evidence supporting his felony murder and voluntary manslaughter convictions, asserting that the state did not prove he shot Colbert or that he intentionally committed aggravated burglary. He does not challenge his aggravated assault conviction. Upon a guilty verdict, the presumption of innocence shifts to a presumption of guilt, placing the burden on the defendant to demonstrate that no rational jury could have found the essential elements of the crime beyond a reasonable doubt. The jury’s verdict, upheld by the trial judge, credits the state's witnesses and resolves conflicts in their favor. The court does not re-weigh evidence or substitute its own inferences for those of the jury.
Aggravated burglary occurs when someone enters a habitation without consent and commits or attempts to commit a felony, theft, or assault. Assault involves intentionally or recklessly causing bodily injury or instilling fear of imminent injury. To convict for felony murder, the state must prove the defendant killed the victim during a burglary attempt. Voluntary manslaughter requires an intentional killing in a state of passion due to adequate provocation.
Evidence favoring the state indicates that the defendant entered Ms. Alexander's house without permission, as she had an order of protection against him. Testimony from Ms. Alexander and her daughter confirmed he was not allowed in. The defendant's entry method—through a window at night—further supported this lack of consent. His claim of being delusional or having ownership in the house was discredited by the jury. Additionally, the evidence showed he entered with intent to commit assault, as he confronted Ms. Alexander in her bedroom armed with an axe and gun, physically assaulted her, and demanded she handcuff Colbert. Items found in his car, such as an axe handle, duct tape, and ammunition, indicated felonious intent.
The defendant is implicated in the shooting of Colbert, supported by witness testimonies. Ms. Alexander observed a struggle over the defendant's gun, followed by the sound of a gunshot. Dr. Smith confirmed that Colbert died from close-range gunshot wounds. Another witness, Cassandra, reported seeing the defendant leave the house with a gun. Based on this circumstantial evidence, a reasonable jury could conclude that the defendant unlawfully entered Ms. Alexander's home intending to commit an assault, thus fulfilling the criteria for aggravated burglary. Additionally, the evidence suggests the defendant shot and killed Colbert, which could meet the standards for felony murder and voluntary manslaughter.
The defendant's appeal also challenges four evidentiary rulings made by the trial court. The admissibility and relevance of evidence are typically within the trial court's discretion, which is reviewed for abuse. The defendant contested the admissibility of Ms. Sample's testimony about Ms. Alexander's nervous breakdown, arguing it was outside the scope of cross-examination and unfairly evoked sympathy. While redirect examination is usually limited, new matters can be introduced under certain circumstances, and the court allowed this line of questioning, permitting the defendant to recross-examine Ms. Sample. Although the relevance of Ms. Sample's testimony about Ms. Alexander's mental state was questionable and did not directly contribute to proving the charges, the overwhelming evidence presented at trial indicates any potential error in admitting this testimony was harmless and did not affect the jury’s verdict.
The defendant contends that the trial court improperly allowed hearsay evidence from Ms. Diana Sample regarding her daughter, Sandra Alexander, which implied prior criminal conduct by the defendant. Ms. Sample testified that the defendant threatened to kill her daughter and that this prompted her to seek a restraining order. The court overruled the defendant's hearsay objection, concluding that Ms. Sample's statement was not offered to prove the truth of the matter asserted, as the restraining order was established by Ms. Alexander's own testimony. Additionally, the hearsay rule was deemed inapplicable since Ms. Sample was available for cross-examination, and any potential error was considered harmless due to overwhelming evidence against the defendant.
The defendant also challenges the admission of Officer Craig's testimony regarding a statement from the defendant’s father about a "hit list" that included Ms. Alexander. Although much of this testimony was presented outside the jury’s presence, the jury ultimately convicted the defendant of voluntary manslaughter rather than first-degree murder, indicating they did not weigh the list heavily in their decision, rendering any error harmless.
Furthermore, the defendant argues that the trial court erred by not redacting a tape in which he identified himself as a convicted felon and for not providing a cautionary instruction after its admission. While the tape was deemed relevant for establishing premeditation, the court acknowledged that redaction would have been preferable. However, as the jury learned of the defendant’s felon status through his sister’s testimony, the failure to redact the tape was also considered harmless.
In conclusion, the court affirmed the trial court’s judgments, finding no reversible errors based on the arguments presented.
