TJ Wiggins Sentenced To Life For Triple Murder

[00:00:00] Speaker ?: Thank you. [00:00:30] Speaker 1: Thank you. Good morning, everyone. We're here on State v. Wiggins. That's case number 20 CF-6, excuse me, 5654. Mr. Wiggins is... State is ready? [00:01:15] Michael Smith: State's ready. [00:01:15] Speaker 1: And the president's ready? Yes, sir. All right. As far as the imposition of the sentence, is there any reason why sentence cannot be imposed today, defense? No, sir, Your Honor. All right. It's my understanding the state has witnesses that next of kin that wish to be heard. [00:01:34] Michael Smith: Yes, Your Honor. [00:01:34] Speaker 1: All right. Here's the plan. I'll hear from the state, then I'll hear from the defense. Obviously, Mr. Wiggins has the right to say something. He does not have to. It's not my intent to swear anybody for the victim impact testimony, nor the defendant if he chooses to speak. And then I'll address the charges. The defendant was previously adjudicated guilty of count one, count two, count three as charged. He's not entitled to his score sheet guidelines. He's not entitled to pre-sentence investigation report. It would be my intent as far as any and all financial obligations. Those will be reduced to Judge McLean. I need to know from the state if there's any restitution, any additional cost prosecution, any investigative costs in due time. So, as far as the testimony, victim impact, next of kin, when the state is ready. Thank you. [00:02:35] Michael Smith: State calls Donnie Payton. [00:02:46] Speaker 3: Come on up here, man. [00:02:51] Speaker 1: Good morning, ma'am. If you'll just give us your full name and spell your last name, and the state may have some questions for you. [00:02:58] Speaker 4: Dottie Payton. P-A-Y-T-O-N. [00:03:01] Speaker 1: Mr. Guevara, when you're ready, sir. Good morning. [00:03:05] Speaker 4: Good morning. [00:03:06] Michael Smith: You are related to? [00:03:08] Speaker 4: Brandon Rollins. And you are. [00:03:10] Michael Smith: You're his mom. And you prepared a statement that you'd like to read to the court this morning? I did. Yes, ma'am. [00:03:19] Speaker 4: TJ, on Monday, the jurors spared you from the death penalty for the reason they knew you would be sitting on death row for 30 to 40 years. Well, guess what? For that execution, we'll be probably done gone and joining Brandon by that time. But I want you to know, I hope every guard, deputy, inmate that you come in contact in prison, their name is Brandon. So, you can remember that name for the rest of your life because you murdered my son. I don't have the opportunity to be able to say his name, do anything with him, or anything at all. Although the jurors have say-so, I want you to know that God has the last say-so. You see this picture here? I want you to remember it, because that was my son that you murdered. Get a good, close look at it. [00:04:18] Michael Smith: Thank you, ma'am. This day calls Elizabeth Tillman. [00:04:32] Speaker 1: Good morning, ma'am. Good morning. If you'll just give us your full name and spell your last name for the record. [00:04:38] Elizabeth Tillman: Elizabeth Tillman, T-I-L-L-M-A-M. [00:04:42] Michael Smith: Thank you. Good morning. [00:04:44] Elizabeth Tillman: Good morning. [00:04:46] Michael Smith: And how are you related? [00:04:48] Elizabeth Tillman: Damien is my son. I am his mother. [00:04:51] Michael Smith: And you prepared a statement to read to the court this morning? Yes. Yes. Will you please go ahead? Thank you. [00:04:59] Elizabeth Tillman: TJ, if you would have met my son, he would have gave you the shirt off his back. If this was because of the motor, he would have gave it back to you for his life. You took a piece of my family away that I would never have here on earth with me. Yes, I will see my son again in heaven. But I'm hoping you'll remember what you have done for the rest of your life. But this is my son. And I will love him forever. The reason I'm here today is because my other family members can't be here because it has affected their health. So just realize what you've done. And I hope you remember his name for the rest of your life. [00:05:45] Michael Smith: Good morning, sir. [00:06:04] Speaker 1: Good morning. You are Michael Smith? Yes, sir. Common Spelling? Yes, sir. Common Spelling? Yes, sir. Okay. State? [00:06:12] Michael Smith: Good morning. Good morning. And how are you related? Brother-in-law. And to who? Kevin. Kevin Spencer? Yep. And you prepared a statement you'd like to make to the court this morning? [00:06:23] Speaker 3: Somewhat, yes, sir. Thank you. Yeah. You know, on July 17th, the Cowardly Act of killing three guys over a motor was senseless. There's no sense in killing somebody over $200. So three lives that can't be done. Brother-in-law, that I loved the death. Brandon, I knew forever, Damien, a little bit, what you did. Cowardly. It's not right. And now what's the family's going to do for the rest of your life? I hope every day you spend your life in prison is torturous. Fear, evil, torturous. [00:06:58] Speaker ?: Thank you. [00:06:59] Michael Smith: Dear Cowardly. Have a seat, sir. [00:07:06] Speaker 1: Thank you. Have a seat. Hold on. Hold on. Hold on. Mr. Smith, you say one word, you'll be excused from the courtroom. Thank you. Stay. [00:07:19] Speaker ?: Just re-approach briefly. Thank you. Thank you. [00:08:23] Speaker 1: Anything by way of witnesses or testimony from the defense? [00:08:49] Speaker ?: No, sir. [00:08:50] Speaker 1: And, Mr. Smith, does your client wish to say anything? [00:08:53] Speaker ?: No, sir. Do I give it an apology? [00:08:55] Speaker 1: No. [00:08:58] Speaker ?: I'm sorry. [00:08:59] Speaker 1: Folks? [00:09:00] Speaker ?: I'm sorry. [00:09:09] Speaker 1: All right. I sat through the trial, and shortly before the trial, there were some evidentiary matters that were litigated in court. Sat through those. I became very familiar with the facts and circumstances of this case. And the facts and the testimony from witnesses to include the medical examiner revealed that Mr. Tillman was shot four times, Mr. Springfield was shot two times, Mr. Rollins was shot three times, and there were ten bullets that were used, nine were unfortunately successful in reaching their target, and unfortunately resulting in the death of three young men. So, simply put, what happened on the unfortunate night was a series of senseless acts that are hard to explain. For the jury finding you guilty, Mr. Wiggins, of count one, two, and three, you have been, as previously indicated, adjudicated guilty of those counts. There's only one sentence you can get, as far as this court is concerned, and as far as the law. For count three, he sentenced to life in prison without the possibility of parole. Count two, life in prison without the possibility of parole. For whatever that's worth, those two run consecutive with one another. The financial obligations are as follows. Those will be reduced to judgment lien. And Luis, let me know if I missed anything. Let me check with the state. Any restitution in this case? [00:11:13] Michael Smith: No, Your Honor. [00:11:14] Speaker 1: Any investigative costs? [00:11:16] Michael Smith: No, Your Honor. [00:11:17] Speaker 1: Any additional cost prosecution? No, Your Honor. All right. Court costs, $518. Fines, $525. Luis, anything else? [00:11:32] Michael Smith: Appointing fee for the attorney? [00:11:35] Speaker 1: Yes, and that's $150 for the appointment of counsel. And $50 into the application fee. Once again, those will be reduced to judgment lien. Ms. Wise and Ms. Toomey are directed to file a notice to appeal within 30 days, and I will appoint the officer of the public defender to represent you. You always can hire a lawyer if you want to, and if you do not need the assistance of the public defender's office, they're appointed, but they will gladly step aside if they're not needed. State anything else? [00:12:10] Michael Smith: No, Your Honor. [00:12:11] Speaker 1: Defense? [00:12:12] Michael Smith: No, Your Honor. [00:12:13] Speaker 1: All right. Don't forget that notice to appeal to be filed within 30 days. Mr. Wiggins, good luck to you, sir. Thank you. Help for it. Don't do that. [00:12:24] Michael Smith: We'll be adjourned. [00:12:38] Speaker ?: Thank you.