Factual Scenario Two
Joe “Pink” Floyd beat up Jethro Tull Smith. Smith is not dead, but the doctors at Southside Hospital have told Smith’s family that he will die within the week. The circumstances which brought things to such state of affairs are as follows:
Pink and Jethro have known each other for years; in fact, ever since their days at Dinwiddie Senior High School. Jethro married his high school sweetheart, Linda. Pink had always had a thing for Linda, but he was Jethro’s best man at the wedding. Jethro was not a great student in high school and got the best job he could get as a driver for the local cement plant. Pink is a hulking guy who played defensive line for the Dinwiddie football team that went to the state championship game (they lost). He got a college scholarship and played one year in the NFL before blowing out his right knee. He moved back home and started working for his father’s construction company as a vice president. He and his father have an arrangement that he will take over the company when his father retires.
Everyone who knows Pink will say he is a nice guy and well liked by everyone in the county. Virtually everyone knows Pink because he’s something of a celebrity and his enormous size causes him to stand out, anyway. Pink is 6’6” and 295 pounds. He stays in good shape both because he is a working vice president who doesn’t mind getting his hands dirty and because he has a very nice gym at his house that he utilizes regularly. Pink goes to the Antioch Baptist Church. He sings in the choir and teaches the youth Sunday school class. He regularly visits the kids at various local hospitals and otherwise lends a hand in whatever way he can to help out the community. Pink is not married. Those who know him well will tell you that Linda was the one love of his life and he simply won’t marry another woman.
Jethro is not so well known and is not so well-liked, even by those who know him. Jethro drinks excessively most nights. He has two DUI convictions but manages to keep his job at the plant because he caught his boss fooling around with the plant secretary one day and the boss doesn’t want his wife to find out. Jethro and Linda have two boys, who are both in Pink’s Sunday school class. Linda attends the church regularly but can’t get Jethro to go. Jethro spends most of his Saturday nights at Bodine’s, a local bar and grill that has a few pool tables and a modest dance floor.
One Saturday night, Linda’s sons, Bob and Mike Smith, called Pink and told him that his dad had just beat Linda to a pulp. They had called 911, but didn’t know what to do. They asked Pink to come over.
Pink drove over immediately to the Smith’s. The rescue squad was already there and was working on Linda, who was beaten badly, but not in any mortal danger. The boys went with their mom to the hospital. Pink called Deputy Wilkinson and asked the deputy to meet him at Bodines, where he knew Jethro would be playing pool.
When Pink got to Bodine’s he found Jethro at a pool table, playing with Fred Rogers. Jethro was certainly no match physically for Pink. According to Dave Wilson, the owner of Bodine’s, Pink suggested that rather than drinking and beating his wife that Jethro ought to think about his family for once. Fred Rogers will say Pink came in threatening to take away Jethro’s wife and kids from him. All present agree that Jethro, who was, by this time, completely drunk, explained to Pink, in a profanity laced tirade at the top of his voice, that it was none of his business how he handled his family matters and that if Pink wanted to make something of it, he (Jethro) could come over and put a pool cue upside his (Pink’s) head.
Needless to say, Pink was not the kind of guy who accepted such challenges because if he took one, he would be taking them all the time. Pink walked over to Dave Wilson, paid Jethro’s tab and told Dave there was another $100 in it, if he refused to serve Jethro any more alcohol that night. While he was settling this with Dave, Jethro approached Pink from behind and hit him in the back with a pool cue. Given his condition and his fairly modest size, Jethro’s attempt to hit Pink was not terribly successful. He did hit Pink, but only across the right tricep and not really very hard. Pink grabbed the pool stick from Jethro’s hand and snapped it in half. He tossed the broken pool stick on the floor. He turned back to Dave and gave him the $100 he had promised. Dave agreed not to serve Jethro any more alcohol.
Both Dave and Fred will say Jethro then took one of the broken halves of the pool cue and tried to ram it into Pink’s side. The broken edges of the pool cue were quite sharp. However, Fred says that Pink shoved Jethro away when he broke the pool cue. Dave doesn’t really remember if Pink shoved Jethro or not. Fred owns a local construction company that isn’t as big or successful as the Floyd Construction Company. Fred does get plenty of business from Pink and his dad, though. Anyway, Jethro gave it all he had and shoved the broken stick into Pink’s side. However, the cue did not get through Pink’s leather coat and did not break his skin. Pink reacted and punched Jethro with everything he had. Jethro flew across a nearby pool table. Blood spurted from Jethro’s nose and mouth and Dave will say he found blood spattered 15 to 20 feet from where Jethro was standing.
Pink immediately had Dave call 911 and Pink and Fred got Jethro on a pool table to keep him stable.
The Commonwealth’s attorney has contacted Pink and told him he’s going to have to charge him with murder if Jethro dies or some variation on assault if Jethro lives. The Commonwealth’s attorney suggested Pink contact his lawyer and try to get a deal worked out now, before Jethro dies.
Prosecution Confidential Facts
Facts you may voluntarily disclose, but are not required to disclose unless asked a direct question:
1. Fred Rogers will say he had been with Jethro for about four hours and, during that time, Jethro had guzzled twelve 12 ounce Budweisers and three one ounce shots of Southern Comfort.
2. Dave Wilson will say he knows Jethro had at least six beers but that he really wasn’t counting. He knew Jethro’s tab was $52.50, but he can’t find an itemization, so he can’t say how much Jethro had.
3. The last conversation you had with the physicians is that Jethro’s injuries are severe and he is most likely going to die but has some modest chance of living.
Facts which you must disclose if asked a direct question, but which you may not voluntarily disclose:
1. Your interview with Fred Rogers reveals he hates Floyd Construction and blames Pink for the lackluster performance of his own company, Mr. Rogers’ Neighborhood Construction Company.
2. The sheriff responded personally to the scene. Deputy Wilkinson had called him and the sheriff decided to handle the matter himself. He will say that Jethro was alive when he reached the scene and that Jethro was talking, was aware of what was going on, and was breathing and moving normally.
3. One of the EMT’s admitted to you that when they took over Jethro’s care from Pink, who was handling things nicely and had Jethro very stable, that he inadvertently, with the other EMT, dropped Jethro onto the floor, head first. When this happened nobody else was in the bar and only he and the other EMT are aware of this. He admits he likes Pink, who is a generous benefactor of the rescue squad and does not want Pink to get in any trouble.
4. The sheriff found a small caliber gun in Jethro’s jacket pocket.
Things you cannot disclose
1. Nothing – you are bound to disclose everything if asked appropriately.
Your authority: You can come to any resolution you see fit.
