State of Tennessee v. Ricky Lee Womac - concurring and dissenting

I dissent from the majority’s conclusion that the evidence is sufficient to support the Defendant’s conviction in Count Two of attempted first degree murder of Deputy Presswood. In my view, the evidence does not show that the Defendant took a substantial step toward killing Deputy Presswood. See T.C.A. § 39-12-101(a)(3) (2018) (criminal attempt). Viewed in the light most favorable to the State, the evidence shows that while standing in a Walmart checkout aisle, the Defendant looked over his left shoulder and saw Deputies Presswood and Redrup, who were in uniform, approaching him. Deputy Redrup, who was wearing a body camera, stepped to the Defendant’s right side and advised him that he was being arrested, and Deputy Presswood stood behind the Defendant. After some discussion with Deputy Redrup about the Defendant’s desire to purchase a drink, the Defendant put money that was in his hand into his pocket, produced a loaded gun with his left hand, and pointed the gun at Deputy Redrup. By the time the Defendant pointed the gun at Deputy Redrup, the hammer was cocked, and the Defendant had his finger on the trigger. The struggle for the gun and to take the Defendant into custody ensued, during which Deputy Redrup forced the web of his left hand into the gun’s breach in order to thwart any attempt by the Defendant to pull the trigger and fire the gun. The gun’s hammer was released, catching and injuring Deputy Redrup’s hand but preventing the gun from discharging. During the struggle, Deputy Redrup was the first officer to engage with the Defendant, who had turned to his right toward Deputy Redrup during the initial struggle for the gun. Deputy Presswood first attempted to assist in restraining and disarming the Defendant while standing behind Deputy Redrup and later moved to the Defendant’s side. The Defendant fought against the deputies’ efforts to restrain him and held onto the gun while Deputy Redrup kept his hand in the gun’s breach until a third deputy, who was in civilian clothing, joined the struggle and struck the Defendant.