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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON
July 9, 2003 Session STATE OF TENNESSEE v. TERRANCE HEARD
Direct Appeal from the Criminal Court for Shelby County No. 98-02267, 98-02268, 98-02270 Joseph B. Dailey, Judge

No. W2001-02605-CCA-R3-CD - Filed November 6, 2003

A Shelby County Grand Jury indicted the Defendant, Terrance Heard, along with fourteen other members of the "Gangster Disciples" street gang, for first degree premeditated murder, murder in the perpetration of a kidnapping, murder in the perpetration of a robbery, and especially aggravated kidnapping after two men were kidnapped and beaten by the gang, leaving one victim dead. A Shelby County jury convicted the Defendant of first degree premeditated murder, murder in the perpetration of a kidnapping, and two counts of especially aggravated kidnapping, and the trial court merged the murder convictions, imposed a life sentence with the possibility of parole for the murder conviction and twenty-five years for each count of especially aggravated kidnapping, and ordered all the sentences to run consecutively. The Defendant now appeals, contending the following: (1) that the trial court erred by denying the Defendant's motion to suppress the pre-trial identification of the Defendant made by a witness and by limiting cross-examination of the witness regarding this identification; (2) that the assistant district attorney improperly commented on the state of mind of the victim and a co-defendant during his opening statement to the prejudice of the Defendant; (3) that the trial court erred by allowing a witness to testify as to the victim's state of mind just prior to his murder concerning the Gangster Disciples; (4) that the trial court erred by denying the Defendant's request for a special jury instruction addressing the theories of duress and mere presence; and (5) that the evidence presented at trial was insufficient for a rational trier of fact to find the Defendant guilty beyond a reasonable doubt. We find no reversible error and conclude that sufficient evidence exists in the record to support the Defendant's convictions. Accordingly, we affirm the trial court's judgments. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed ROBERT W. WEDEMEYER , J., delivered the opinion of the court, in which GARY R. WADE, P.J., and JOHN EVERETT WILLIAMS., J., joined. C. Anne Tipton, Memphis, Tennessee, for the appellant, Terrance Heard. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; Terry Harris, Assistant

District Attorney General; and Lorraine Craig, Assistant District Attorney General, for the appellee, State of Tennessee. Opinion I. Facts This case arises from the kidnapping and murder of Marshall "Pokey" Shipp and the kidnapping and beating of Ricky "Kuboo" Aldridge by several members of the Gangster Disciples street gang on September 15, 1997. On February 24, 1998, the Shelby County Grand Jury indicted the Defendant, Terrance "Mohawk" Heard, and fourteen other co-defendants, all members of the Gangster Disciples, for first degree premeditated murder, murder in the perpetration of a kidnapping, murder in the perpetration of a robbery, and multiple counts of especially aggravated kidnapping for the crimes committed against the victims Shipp and Ricky Aldridge. The Defendant was tried on August 6, 2001, in the Criminal Court of Shelby County for the following charges: (1) premeditated first degree murder of Shipp; (2) first degree murder of Shipp during the perpetration of a kidnapping; (3) especially aggravated kidnapping of Shipp; and (4) especially aggravated kidnapping of Ricky Aldridge. Following a five day trial, a Shelby County jury found the Defendant guilty of each charge, and the trial court merged the premeditated murder conviction with the felony-murder conviction, sentenced the Defendant to life imprisonment with the possibility of parole on the first degree murder conviction and twenty-five years for each count of especially aggravated kidnapping, and ordered the sentences to run consecutively. The Defendant now appeals. A. The Gangster Disciples Robert Walker testified for the State at the Defendant's trial regarding the Gangster Disciples organization in Memphis, including the gang's hierarchical structure, its rules, and its punishment for violations of the rules. In 1997, Walker held the position of chief of security for Memphis in the Gangster Disciples organization until he was arrested on two counts of aggravated robbery in the fall of that year. Walker later pled guilty to two counts of facilitation of robbery and agreed to cooperate with the State in this case. Walker testified that in 1996 he joined the Gangster Disciples in Memphis at the age of twenty-seven after he moved from Detroit, where he had been a member of the Black Gangster Disciples since the age of thirteen. Walker explained that the Gangster Disciples organization is governed by a board of directors in Chicago, which appoints "overseers" in other cities. He stated that King Larry Hoover was the national leader of the Gangster Disciples. Walker testified that in 1997, the Memphis overseer was Tony "T-Money" Phillips, who had authority over all Gangster Disciple activity in the area. He stated that the overseer appointed two chiefs of security in Memphis to enforce gang rules. Walker stated that he was appointed "growth and development" chief of security, while Johnny "Jay Rock" Jefferson was appointed chief of security "enforcer." Walker testified that as "growth and development" chief of security, he was in charge of determining whether a gang member broke the -2-

rules and investigating the facts of rule infractions, while Jefferson, as the "enforcer," would administer punishments to enforce the rules. Walker testified that each chief of security had two assistants. Walker explained that Memphis was divided into several territories, which were each controlled by a governor appointed by the overseer. Walker stated that also under the overseer was an "auxiliary governor," who acted as a middle-man between the governors and the overseer. He further explained that under the "auxiliary governor" was a "floating regent," who had authority in any territory in Memphis. He stated that the governor of the South Memphis region, where these crimes occurred, was Corey "Tombstone" Mickens. Walker explained that each regional governor had an assistant governor and a regent. Walker stated that within each Memphis region, individual neighborhoods had coordinators and chiefs of security. He testified that the remaining Gangster Disciples were "outstanding members" with no authority. Walker explained that the Gangster Disciples had their own rules and methods of enforcing those rules. He stated that the punishments for violating Gangster Disciple rules ranged from monetary fines to death. Walker testified that other forms of punishment included various degrees of beatings, such as a mouth shot, a three-minute beating, a six-minute beating, or a "pumpkin head deluxe," depending upon the severity of the violation. All of these beating punishments involved the use of fists only, no weapons. The "pumpkin head deluxe" involved putting the victim in a full nelson and allowing other members to beat his head for six minutes until his head was the size of a pumpkin. Walker explained that these beatings could be ordered by the overseer, the chiefs of security, the floating regent, the governors, or the neighborhood coordinators. Walker testified that the punishment of death was referred to as "eradication" in Gangster Disciple terminology and could only be ordered by the overseer. Walker stated that a governor may ask the overseer for permission to kill a member in his region, and if he receives permission, the governor may carry out the "eradication." He explained that death punishments were reserved for more serious violations of Gangster Disciple rules, such as shooting at other Gangster Disciples, not following orders, disrespecting an authority figure within the gang, and breaking "19/19," the code of silence, by talking with police or testifying. Walker further explained that Gangster Disciples use different methods of killing in order to convey messages to other Gangster Disciples and deter them from violating gang rules. He testified that some of the symbolic methods of "eradication" included "[s]even times in the chest, one time up the butt, . . . cut your penis off." Walker explained that these symbolic methods were used: Just to let a person know, you know, he did this so if you do it, this is what's going to happen to you, you know. Shoot him up the butt and let everybody know, you know, he was disobedient to this organization. So he a punk in this organization. He a punk in his death. You know, cut his penis off, you know, he did something wrong, he told on this organization. So you tell on this organization, this what's going to happen to you. -3-

Walker explained that death sentences were carried out in remote locations and that any Gangster Disciple, regardless of rank, may take part in the death sentence. He stated that outstanding members would often want to participate in "eradications" in order to impress higher ranking Gangster Disciples and advance in rank themselves. Walker also explained that an "OG," or "Original Gangster," was a Gangster Disciple member who had "been in it is so long he know everything about it just by

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