Patel v. State

The defendant shot and killed the victim through a plywood covering. which was nailed to the outside of a building used to store inventory for the defendant's convenience store after he heard two individuals attempting to break in.

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Viral Patel was convicted of felony murder in connection with the shooting death of Tyree Garrett. He appeals, asserting, inter alia, the trial court erred by admitting into evidence a hearsay statement that his wife made to his brother at or near the time of the shooting.1 Finding no error, we affirm. Viewing the evidence in a light to uphold the verdict, we find the following: Defendant owned and operated a convenience store. He used an unattached building, which was previously used as a car wash, to store his inventory. Over the course of time, defendant noticed that thieves had broken into the storage building on a number of occasions to steal beer and other items.

On the night in question, one of defendant’s employees reported that a lock on a door to the storage building had been broken. Defendant headed for the building. He asked Butch Felton, a regular customer, to accompany him so he could show Felton just how the thieves were breaking in. Defendant and Felton went inside the building and defendant’s employee closed the door behind them. It was very dark inside and difficult to see. Soon, Felton heard voices and the sounds of someone breaking into the building.2 Defendant took out a pistol and yelled for the intruder to “halt.” A few minutes went by; it was quiet. Then defendant shot the pistol three times. A bullet pierced a plywood covering which had been nailed to the outside of the building and entered Tyree Garrett’s brain. Garrett fell to the ground —outside of the storage building.

Patel v. State

The defendant shot and killed the victim through a plywood covering. which was nailed to the outside of a building used to store inventory for the defendant's convenience store after he heard two individuals attempting to break in.

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