Page 35 - TPA Journal July August 2017
P. 35
manager, who was also working as a cashier. Aaron did not comply quickly enough, Kimp
Between about 11:00 p.m. and midnight, Kimp advanced on him even faster with the knife.
entered the store and walked towards the back Aaron felt “[a] little threatened,” although he
to get a fountain drink at the soda machine. was not too scared to actbecause he knew he
From there, he looked around the store, killing had to take charge of the situation. Amelia said
time before approaching Aaron’s cash register, that when Kimp approached them, he made
presumably to pay for his drink. But Kimp just aggressive movements towards them to “fright-
stared at Aaron and then walked behind the en us.” On his way out of the store, Kimp told
counter towards Amelia, Aaron, and the cash Amelia and Aaron to “[h]ave a nice fucking
registers. As he approached Amelia, he pulled day.” Once Kimp was gone, Aaron immediate-
a knife out of his pants and waved it at her and ly closed and locked the register drawers,
Aaron in a threatening manner and told them called 9-1-1, removed the remaining cus-
to “[b]ack the fuck up.” They both moved to the tomers from the store, and locked the doors
corner of the back-counter area, as far away until police arrived.
from Kimp as possible. Aaron only saw a silver
object protruding from Kimp’s hand, but The only element of aggravated robbery at
Amelia saw the knife. Kimp swung the knife at issue here is whether Kimp “use[d] or exhib-
her as she moved to let him take the money it[ed] a deadly weapon.”
from the register. Amelia testified that she did
not know how long the blade was, but the tip State was required to prove that the knife Kimp
of it was rounded and looked like a butter had was a deadly weapon as defined by statute
knife. She also testified that she felt threatened and that, if it was, he also used or exhibited the
and was scared even though Kimp had a butter knife while committing robbery. A deadly
knife “[b]ecause, like, even though it is a but- weapon is defined as “a firearm or anything
ter knife, that it still can do some damage, you manifestly designed, made, or adapted for the
know. I never got robbed like that in my life.” purpose of inflicting death or serious bodily
After Kimp took the cash from Amelia’s register, injury” or “anything that in the manner of its
he went to the other register. Security camera use or intended use is capable of causing death
footage showed that, as Kimp approached the or serious bodily injury.” “Serious bodily
register, he briefly confronted Amelia and injury” is defined as “bodily injury that creates
Aaron, but during that portion of the video, a substantial risk of death or that causes death,
Kimp’s back is to the camera and Amelia and serious permanent disfigurement, or protracted
Aaron are just outside of the camera’s view. loss or impairment of the function of any bod-
Aaron explained what happened during that ily member or organ.” Because not all knives
confrontation: Kimp approached them, “kind are manifestly designed, made, or adapted for
of stuck his chest out,” and told them to get in the purpose of inflicting serious bodily injury
the corner and keep their faces down. When or death, the evidence is sufficient 4 to support
July - August 2017 www.texaspoliceassociation.com • 866-997-8282 31
