State v. Head

ELMORE, Judge.

The testimonial evidence was that Benjamin Fort (Fort) gave a woman, later identified as Kimberly Long (Long), a ride in his car to the Pisgah View Apartments. As Fort waited for her to return to the car, the assailant approached the vehicle and forced Fort out of the vehicle after firing a shot into the vehicle. Fort testified at trial that the assailant then pushed him up against a wall and went through his pockets. The assailant then took Fort'swallet and cell phone and let him retrieve the rest of his things and leave.

Long testified at trial that when Fort dropped her off,…