Appeals court hears dispute over whether struggle and pointing a gun qualify as attempted murder

Summary

At oral argument in a Tennessee criminal appeal, defense counsel argued the evidence was insufficient to support attempted second-degree murder because the record did not show a trigger pull; the state said testimony that the defendant attempted to pull the trigger during a close struggle supports the conviction.

A Tennessee criminal appeals panel on Tuesday heard competing arguments over whether the evidence in a Coffee County case was sufficient to support a conviction for attempted second-degree murder when the accused drew a gun and a struggle ensued.

Defense counsel for William Moon told the court the record does not show the gun’s trigger was pulled and that the officer’s testimony was equivocal: "thank God I prevented him from pulling it," counsel quoted the officer as saying. Counsel argued that, under the prevailing law, pointing a gun without a demonstrable attempt to discharge it does not meet the substantial-step requirement for attempted murder.

The state, through Garrett Ward, assistant counsel for the State of Tennessee, told the panel that the relevant question is not merely whether a gun was pointed but whether the defendant took a substantial step toward firing it. Ward pointed to testimony that he summarized as describing the defendant "trying…

Appeals court hears dispute over whether struggle and pointing a gun qualify as attempted murder

Summary

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