MURFREESBORO, TN - A man sentenced to 8 years in prison after a 2018 shooting, filed an appeal to his conviction that went before the Tennessee Court of Appeals and was later denied in recent months. The situation stems from a disagreement at a  Murfreesboro area barbershop.

In Murfreesboro, Antonio J. Hurt was indicted for attempted first-degree murder, employing a firearm during a dangerous felony, aggravated assault, and reckless endangerment after a shooting at a local barber shop. He was ultimately convicted of the lesser offense of attempted voluntary manslaughter and employing a firearm during a dangerous felony.

The trial court sentenced the then 24-year-old to an effective sentence of 8 years. Currently, he is 28-years-of-age.

Hurt appealed the conviction, complaining about the sufficiency of the evidence, the admissibility of certain testimony of two witnesses, and statements made by the prosecutor during the closing argument. The Court of Appeals affirmed the conviction, but remanded the matter to the trial court for entry of a judgment form dismissing the count of the indictment for reckless endangerment.

The Court found that the evidence was sufficient to support the convictions for attempted voluntary manslaughter and employing a firearm during a dangerous felony. The Court also found that the prosecutor's statements during closing arguments did not constitute plain error. However, the Court found that the reckless endangerment charge was no longer viable, as the State had withdrawn the charge.

As a result, the Court affirmed the convictions for attempted voluntary manslaughter and employing a firearm during a dangerous felony, but remanded the matter to the trial court for entry of a judgment form dismissing the count of the indictment for reckless endangerment.

Summary of the Original Case:

Antonio Hurt was indicted in June 2019 for attempted first-degree murder, employing a firearm during a dangerous felony, aggravated assault, and reckless endangerment. The charges stemmed from an incident on November 2, 2018, when Hurt entered the Eclips Barber Shop and shot Eric Ortiz in the abdomen.

Records show Mr. Hurt was once employed at the barbershop, but left after a disagreement over rent.

Hurt and Ortiz had a disagreement about rent payments, and Hurt had previously left the shop after a dispute with Ortiz. On the day of the shooting, Hurt went to the shop to confront Ortiz about the rumors he had heard about Ortiz talking about him. When Hurt entered the shop, he had a gun in his waistband. Ortiz also had a gun in his back pocket, according to court testimony.

Hurt and Ortiz argued, and Ortiz moved towards Hurt. Hurt claimed that he was afraid that Ortiz was going to shoot him, so he pulled out his gun and fired. The bullet hit Ortiz in the abdomen, and he was seriously injured.

Hurt was arrested and charged with attempted murder. He was convicted of attempted voluntary manslaughter and employing a firearm during a dangerous felony, and he was sentenced to 8 years in prison.

The case was controversial, as some people believed that Hurt was justified in shooting Ortiz in self-defense. However, the jury found that Hurt did not act in self-defense, and he was convicted of the lesser included offense of attempted voluntary manslaughter.

Here are some of the key points of the case:

• Antonio Hurt was convicted of attempted voluntary manslaughter and employing a firearm during a dangerous felony.
• The shooting stemmed from a disagreement between Hurt and Eric Ortiz about rent payments.
• Hurt had a gun in his waistband when he entered the shop, and Ortiz had a gun in his back pocket.
• Hurt claimed that he was afraid that Ortiz was going to shoot him, so he pulled out his gun and fired.
• The bullet hit Ortiz in the abdomen, and he was seriously injured.
• Hurt was sentenced to 8 years in prison.

Source: Court Appeal No. M2021-01139-CCA-R3-CD