State V. Johnson
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own. Fussell stated that he was aware of the gun because “I had guns before. I don’t know, you just — I just seen the gun. I seen him cock it or playing with it, whatever he was doing. He tucked it. He walked down the side of the house. Then a few minutes later, I had heard a gunshot.” {¶25} Fussell stated that after he heard the gunshot, he ducked down in his truck. When he looked up, he saw Coleman leaving the house with her children. According to Fussell, Green was upset stating that she could not “believe this girl brought this shit to her house. I can’t believe she did this.” After Green told him that Coates “was knocked out or something,” Fussell tried to wake him up. As he was “tapping” at Coates, Fussell noticed a red mark on Coates’s eye, like somebody had punched him. {¶26} On cross-examination, Fussell admitted he did not give an official statement to the police until he was arrested in January 2013, even though he knew homicide detectives wanted to speak with him about Coates’s murder. He stated that he did not want to get involved because he had no business being there that evening. {¶27} Leon Howard (“Howard”) testified he knew Coates for about a year and Green for two or three years. He “knew of” Fussell, but testified that he did not know Coleman, Johnson, or Gale.
some belongings. When he arrived, Coleman and Coates were already there. Howard, although uncertain at times as his testimony progressed, stated that everyone was drinking but not getting along. He stated that Coleman, Green, and Coates were “all at each other” — with Coleman and Green arguing and then Coleman and Coates physically fighting. Howard stated that when Coleman started hitting Coates, he had to break them up, and then suggested they go to the bar.
bar. According to Howard, the girls kept running in and out of the bathroom and Coleman was making calls to “Capone and to the defendant.” When asked how he knew Coleman was calling Johnson, he responded, “cuz she was mad” and because “[Coates] had hit her.” Howard further testified that Coleman was texting someone who was “coming up from Akron.” {¶30} Howard testified that they left the bar around 2:00 a.m. and went to a gas station where Coleman was meeting Gale, but later testified that they went to the gas station at the request of Green. Upon arriving at the gas station, Green left while Howard and Coleman waited in the car. About 30 minutes later, Gale drove up in a Jeep and Coleman got out of Howard’s car, standing between the two vehicles. Howard testified that he kept asking Coleman why Gale was “mugging” him, meaning staring at him. Howard testified that he and Gale never spoke, but just stared at each other.
Coleman had left her cell phone in his backseat and that he fielded over 20 calls from Coates during the entire evening requesting that they bring him cigarettes. Once Green returned to the car, they drove back to Green’s house. {¶32} When they arrived, Coates was standing in the driveway “upset” because “they was coming to fight him.” According to Howard, Coates knew that Gale and someone from Akron were coming to fight him because “Coleman told Coates that before leaving for the bar.” {¶33} Howard testified that Coates told him that he was watching a black Honda that was parked across the street up by Grovewood because “no one had gotten out the car yet.” At this time, a Jeep pulled up, almost stopping in front of Green’s house. After Howard told Coates that Coleman was in the Jeep, Coates ran toward the Jeep, but the driver pulled away causing Coates to chase after it. Howard testified that Coates stopped and walked back to the driveway. As Coates walked back, Howard told him it “ain’t seem right,” meaning “if they want to fight, they should fight.” Howard testified the Jeep then came back down East 169th and stopped, parking right in front of Green’s driveway.
where the girls were fighting. Howard testified he noticed a male wearing a hoodie walking down the other side of the street toward Ozark Street. The male walked past Green’s house, however when Howard noticed Gale walking toward them, he also noticed the male had turned around and was now walking over to them. Howard testified that Coates, who was still on the porch, started arguing with Gale, who was standing on the grass in front of the house. According to Howard, the male wearing the
hoodie walked up, pulled the hood off his head, and asked Coates “you remember me?” Howard stated he could see the male’s face and identified the male as Johnson. {¶35} According to Howard, Coates and Gale stopped arguing, and Coates answered Johnson’s question. Howard testified that his cell phone started ringing, and when he reached for his phone, Johnson pulled a gun, pointing it at Howard, who was standing next to Coates on the porch. When Howard identified that it was only his cell phone, Johnson pulled the trigger of the gun, but the gun jammed. According to Howard, Johnson then ran to the bushes on the side of the house, but Gale approached Coates and punched him the face, which started a wrestling match between them. Howard stated that Coates and Gale were fighting for about two minutes when he heard Gale scream and saw him fall on the grass. While not mentioning anything about a weapon during direct examination, Howard testified on cross-examination that Coates had a nine-inch knife and stabbed Gale.
Howard yelled for Coates to run in the house, and as Howard ran into the house, he heard a gunshot and saw Coates’s body drop to the floor. Howard admitted that he did not see who actually pulled the trigger and shot Coates, but denied that he shot him. {¶37} After seeing Coates fall, Howard hid by the couch and called out to Coates. When Coates did not respond, Howard ran to the kitchen and hid by the stove, and then ran down into the basement and hid in a corner for 15 or 20 minutes. During that time, he could hear the kids running around upstairs and fighting between Green and Coleman. Yüklə 109,03 Kb. Dostları ilə paylaş:
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