Demetrius Kendale Holmes was convicted of felony murder and especially aggravated robbery, resulting in consecutive sentences of life and 24 years. In his appeal, he claimed insufficient evidence supported the convictions, but the trial court's judgments were affirmed. The case stemmed from the May 19, 1999, shooting death of Clarence Arnold in an apartment at the Walter P. Taylor Homes. Aretha Cross, a prostitute who knew both the victim and the defendant, testified that she witnessed the victim purchase drugs from Holmes and later saw him threatened by Holmes with a gun while trying to get his money. During the incident, the victim handed over his money to Holmes, who then shot him. After the shooting, Cross initially denied knowing the shooter due to fear but later identified Holmes to police and in a photographic lineup. At trial, she admitted to inconsistencies in her statements and acknowledged being under the influence of crack cocaine at the time of the shooting. Officer Joe Cox confirmed that emergency personnel were trying to revive the victim upon his arrival at the scene.
Officer Cox discovered the victim's body on the bedroom floor, with significant blood present on the bed and drops leading to the living room, where a spent bullet was found under the couch. He acknowledged on cross-examination that no fingerprint analysis was conducted, deeming it pointless. Detective Sam Brown later arrived at the scene and noted a visibly nervous and possibly intoxicated Ms. Cross outside the apartment. After learning of the victim's death at the hospital, he went to interview Ms. Cross and other witnesses. Initially, she denied knowledge of the incident but later provided a tape-recorded statement implicating the defendant in both robbery and murder, claiming he threatened her if she reported him.
Medical evidence confirmed the victim died from a single gunshot wound to the chest, with Dr. Sandra Elkins testifying that the bullet caused severe internal damage and resulted in death within minutes. At trial, Dalandra Porter, a friend of the defendant, testified he was at her home during the time of the shooting, supported by her mother’s similar account. Neither had spoken to police prior to the trial. The defendant argued the evidence was insufficient for convictions of first-degree murder and especially aggravated robbery. The legal standard requires that the evidence be viewed in the light most favorable to the prosecution. Issues of witness credibility and evidence weight are for the jury to decide. A guilty verdict presumes guilt, placing the burden on the defendant to prove the evidence was insufficient. The definition of felony murder under Tennessee law includes killings during the commission of specific felonies such as robbery.
Especially aggravated robbery is characterized as the intentional or knowing theft of property from another, executed through violence or fear, involving a deadly weapon, and resulting in serious bodily injury to the victim, as defined in Tenn. Code Ann. 39-13-401, 403 (1997). In this case, evidence presented at trial showed the defendant demanded money from the victim at gunpoint and shot him in the chest. The defendant challenges the sufficiency of the evidence, citing inconsistencies in the victim's testimony, her profession as a prostitute, and her being under the influence of crack cocaine. However, credibility determinations are solely for the trier of fact, not for appellate review. The court concludes the evidence sufficiently supports the convictions for felony murder and especially aggravated robbery.
Regarding the admission of the photographic lineup used for identification, the defendant argues it was improper since Ms. Cross had indicated the perpetrator wore a mask. This argument is waived due to the defendant's failure to provide supporting authority. The court also notes that identifying the defendant as the perpetrator is a factual issue for the jury, and no substantial likelihood of misidentification was claimed by the defendant. Consequently, the trial court's judgments are affirmed.
