Lot of talk lately on the shooting downtown Crossville Friday.  Here’s what we know.  Albert Sturgill was near the War Memorial Park and, according to witnesses, was making disparaging hand gestures toward the Memorial. At least three other men approached Sturgill and verbally engaged Sturgill for his actions. Sturgill, who had a mental illness condition, became combative toward the men. The engagement moved into the street. Sturgill was wielding a wooden club toward the other men.  One of the men in the street, Eric Garrison, is seen physically engaged with Sturgill with both men swinging at one another.  Sturgill swung and struck Garrison in the head twice with the wooden club at which point Garrison went down to the pavement on one hand.  Garrison then stood up and walked briskly across Main Street to a white car parked parallel on Main Street.  Garrison then returns quickly to the other  men near Sturgill while a woman is seen trying to hold Garrison back – he breaks away, swings around and fires one shot from a handgun into Sturgill who immediately drops to the pavement.

Sturgill was transported to a Knoxville hospital where he was kept on life support until Sunday afternoon when he was taken off life support and died shortly thereafter.  The reason for a charge of second degree murder could be that Garrison can claim he was assaulted and injured by Sturgill first. He can claim he was acting in self defense and the defense of the others nearby who may also be injured by Sturgill. In Tennessee Second-degree murder differs from first-degree murder, which requires premeditation and deliberation. Second-degree murder involves intent but lacks the planning and forethought of first-degree murder.  Garrison’s defense may assert that Garrison did not act with premeditation or forethought in retrieving a gun and shooting Sturgill. They may claim it was a reactionary reflex of Garrison who had been physically assaulted by a man with a stick who may cause injury to others. The prosecution can argue that Garrison and the others could have simply walked away at any time and called the police.

Another reason possible for the second degree murder charge involves the chances of the DA in getting a guilty verdict from a jury. A jury may not agree that Garrison had premeditation in his mind when the act was committed but rather it was a ‘reflex’ and therefore a first degree murder charge is not warranted.  Sometimes criminal charges are calculated based on the feasibility of getting a ‘guilty’ verdict.  In Tennessee Second Degree Murder carries a penalty of up to 60 years in prison. The DA has stated the investigation is ongoing and the charge may be revisited in time.