IKE DANIEL WILLIAMS v. COMMONWEALTH OF KENTUCKY
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RENDERED:
AUGUST 25, 2000; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-002094-MR
IKE DANIEL WILLIAMS
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE THOMAS L. CLARK, JUDGE
ACTION NO. 99-CR-00276
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
DYCHE, EMBERTON, AND MILLER, JUDGES.
MILLER, JUDGE:
Ike Daniel Williams brings this appeal from a
judgment of the Fayette Circuit Court dated August 25, 1999,
entered upon a jury verdict.
We affirm.
On March 8, 1999, the Fayette County Grand Jury
returned an indictment against appellant charging him with firstdegree assault, a Class B felony.
(KRS) 508.010.
Kentucky Revised Statutes
The indictment charged that on or about January
4, 1999, in Fayette County, Kentucky, Williams intentionally
caused serious physical injury to one Delores Goggins by shooting
her with a gun.
The case came on for trial on July 15, 1999.
The jury returned the guilty verdict underlying the judgment from
which this appeal is prosecuted.
As of the date of the incident, there had been for some
four years an ongoing relationship between Williams and Goggins.
On that night, Anthony Canada, Williams' nephew, came to
Williams' home.
Goggins was present.
strike Goggins for abusing Williams.
Canada threatened to
Williams suffered from a
gunshot wound inflicted some ten years in the past.
It appears
he was at least partially confined to a wheelchair.
Goggins
responded to Canada's threats by denying that she had mistreated
Williams in any way.
After Canada had departed the home, Goggins
went into the kitchen for a cup of water.
the kitchen, she felt a sharp burning pain.
When she returned from
remembered was being in Williams' bedroom.
The next thing she
She had been shot.
An examination at the University of Kentucky Medical Center
revealed her to have a blood alcohol level of .187.
Williams
admitted shooting Goggins, but claimed that he did so because she
emerged from the kitchen with a knife.
knife was found at the scene.
Goggins denied this.
No
The jury convicted Williams of
assault under extreme emotional distress.
KRS 508.040.
The sole issue on appeal is whether it was error to
deny Williams' motion for a directed verdict based upon his claim
of self-protection.
KRS 503.050(1).
That statute provides as
follows:
The use of physical force by a defendant upon
another person is justifiable when the
defendant believes that such force is
necessary to protect himself against the use
or imminent use of unlawful physical force by
the other person.
-2-
There is ample evidence in the record to support the
conclusion that Goggins, at least on some occasions, maltreated
Williams.
Notwithstanding this, we think the failure to produce
a knife or any other weapon to support Williams' claim of selfdefense deprived him of such defense as a matter of law.
think the issue was properly submitted to the jury.
We
See West v.
Commonwealth, Ky., 780 S.W.2d 600 (1989); Townsend v.
Commonwealth, Ky., 474 S.W.2d 352 (1971).
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Alicia A. Sneed
Lexington, Kentucky
Albert B. Chandler III
Attorney General of Kentucky
Frankfort, Kentucky
Gregory C. Fuchs
Assistant Attorney General
Frankfort, Kentucky
-3-
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