Wednesday, May 1, 2013

KYCOA - Gordon - Tampering with Evidence

Gordon v. Commonwealth, NO.2011-CA-001036-MR (Not to be Published)

The Court of Appeals reversed a tampering with evidence conviction.  The Court held that leaving the scene of a crime with the weapon (a gun in this case) is inadequate to prove tampering in the absence of evidence establishing the defendant's intent to conceal the weapon.  Here, the defendant fled the scene after firing the gun.  He was in a state of shock and disbelief and took the gun to his sister's house.  He put the gun on the counter.  The sister later disposed of the gun without defendant's knowledge.
Trial Attorney--Scott Drabenstadt
Appeals Attorney – Shannon Smith
Contributed by Karen Maurer