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

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 to pull the trigger," including the officer’s account of feeling the gun "torquing" during a close struggle. Ward added that the gun was ultimately recovered with the safety deactivated.

Why it matters: attempted-murder convictions require proof beyond a reasonable doubt that a defendant intended to kill and took a substantial step toward that end. If the appeals court finds the evidence legally insufficient, the conviction could be reversed; if it affirms, the case will stand on the trial court’s factual findings about the struggle and the officer’s perceptions.

Key evidence and disputed points - Officer Wilder (testifying at trial) described a close-quarters struggle in which he said Moon pointed a loaded 9 mm handgun at him and the officer felt movements that Ward described as attempts to pull the trigger. Defense counsel emphasized that the officer also said he "didn't see the trigger pulled" and that he "didn't hear" the sound a trigger makes in this gun’s operation. - Counsel for Moon argued that any moment the gun may have been angled away from the officer (during the wrestle) undercuts the attempt-to-kill theory, while the state argued that a physical attempt to pull the trigger during the struggle satisfies the Jackson v. Virginia sufficiency standard. - The record includes a demonstration and testimony that the gun would make an audible sound if the trigger were pulled; the officer testified he did not hear such a sound.

Other factual context in the record: Moon was confronted at a trailer park while an officer attempted to detain him and retrieve a small bag the officer believed contained methamphetamine. Testimony indicates Moon produced a loaded handgun during the arrest attempt and a struggle followed. The state emphasized that the defendant acted after the officer had moved to restrain him.

What the parties asked the court to do - Defense counsel asked the court to conclude that the evidence was legally insufficient and to reverse and dismiss the attempted-murder conviction, citing out-of-jurisdiction cases that required a demonstrable trigger pull or equivalent conduct. - The state asked the court to affirm, arguing the combination of the charged gun, the struggle, the officer’s sensations of the gun moving and attempting to be fired, and the safety being off satisfy the substantial-step requirement for attempted second-degree murder.

Where the record is limited The transcript reflects disagreement about whether the officer actually observed a trigger pull or simply felt movement in the gun during the struggle. The record also contains references to a demonstration of the firearm’s mechanical sound when the trigger is pulled; the officer said he heard no such sound at trial, a point the defense emphasized.

Next steps The panel took the matter under advisement and recessed the oral-argument session. The court did not announce a ruling at argument.