See State v. Barry Smith, No. W2011-02122-CCA-R3-CD, 2013 WL 6388588, at *14 (Tenn. Crim. App. Dec. 5, 2013) (concluding that the non-testifying victims were in reasonable fear of imminent bodily injury when witnesses testified that these victims were inside the house at the moment the defendants began shooting and that people were "hollering" and "screaming" and were trying to find a place to hide from the "bullets flying from every angle"); State v. Szumanski Stroud, No. W2006-01945-CCA-R3-CD, 2007 WL 3171158, at *3 (Tenn. Crim. App. Oct. 29, 2007) (holding that two non-testifying victims were in reasonable fear of imminent bodily injury when the evidence showed that they had a violent altercation with the defendant at their home, that the defendant pointed a gun at one of the victims, and that the defendant fired four or five shots at the victims inside the car); State v. Harry Jamieson, No. W2003-02666-CCA-R3-CD, 2004 WL 2996910, at *8 (Tenn. Crim. App. Dec. 23, 2004) (concluding that the non-testifying victims were in reasonable fear of imminent bodily injury when other witnesses testified that the defendant pointed his gun at the victims and that the victims were "hysterical" and "crying"); Jessie James Austin, 2002 WL 32755555, at *6 (finding that the non-testifying victim reasonably feared imminent bodily injury when a witness testified the victim was aware of the defendant's threatening statements and the defendant pointed his gun at the victim). Gustus argues that the State presented no proof regarding Jones's location during the shooting or his proximity to the gunfire.
It is well-recognized that a victim's fear may be inferred from circumstances surrounding the offense, even if the victim does not testify at trial. See Barry Smith, 2013 WL 6388588, at *14 (concluding that the non-testifying victims were in reasonable fear of imminent bodily injury when witnesses testified that these victims were inside the house at the moment the defendants began shooting and that people were "hollering" and "screaming" and were trying to find a place to hide from the "bullets flying from every angle"); State v. Szumanski Stroud, No. W2006-01945- CCA-R3-CD, 2007 WL 3171158, at *3 (Tenn. Crim. App. Oct. 29, 2007) (holding that two non-testifying victims were in reasonable fear of imminent bodily injury when the evidence showed that they had a violent altercation with the defendant at their home, that the defendant pointed a gun at one of the victims, and that the defendant fired four or five shots at the victims inside the car); State v. Harry Jamieson, No. W2003-02666-CCA-R3-CD, 2004 WL 2996910, at *8 (Tenn. Crim. App. Dec. 23, 2004) (concluding that the non-testifying victims were in reasonable fear of imminent bodily injury when other witnesses testified that the defendant pointed his gun at the victims and that the victims were "hysterical" and "crying"); Jessie James Austin, 2002 WL 32755555, at *6 (finding that the non-testifying victim reasonably feared imminent bodily injury when a witness testified the victim was aware of the defendant's threatening statements and the defendant pointed his gun at the victim). Richardson argues that the State presented no proof regarding the location of the victims in these counts during the shooting or their proximity to the gunfire.
Crim. App. March 7, 2006), perm. app. denied (Tenn. Aug. 28, 2006); see also State v. Jamie Jon Schrantz, No. W2002-01507-CCA-R3-CD, 2003 WL 22888910, at *3 (Tenn. Crim. App. Dec. 2, 2003) (although victim denied that she was afraid of Defendant, the evidence of "circumstances that suggest[ed] the victim experienced fear" was "sufficient to justify the jury in inferring that the victim reasonably feared imminent bodily injury"); State v. Harry Jamieson, No. W2003-02666-CCA-R3-CD, 2004 WL 2996910, at *8 (Tenn. Crim. App. Dec. 23, 2004) (although the victims did not testify at trial, the evidence was sufficient to allow the jury to infer that the victims reasonably feared imminent bodily injury); State v. Jessie James Austin, No. W 2001-00120-CCA-R3-CD, 2002 WL 32755555, at *5 (Tenn. Crim. App. Jan. 25, 2002) (although the victim did not testify at trial, "[a] victim's fear of imminent bodily injury may be proven with circumstantial evidence").
Indeed, this Court has previously held that a victim's fear may be inferred from the circumstances surrounding the offense, even though the victim did not testify about being afraid. See State v. Jamie John Schrantz, No. W2002-01507-CCA-R3-CD, 2003 WL 22888910 (Tenn.Crim.App., Jackson, Dec. 2, 2003) (though victim denied being placed in fear, court found victim's fear of imminent bodily injury could be inferred from circumstances, including witness descriptions that victim was crying and acting scared); State v. James Albert Adams, No. M1998-00468-CCA-R3-CD, 1999 WL 1179580 (Tenn.Crim.App., Nashville, Dec. 15, 1999) (though defendant's actions were directed toward another and victim did not testify she was afraid, fear inferred from circumstances in which defendant wielded deadly weapon toward another in victim's immediate presence); State v. Harry Jamieson, No. W2003-02666-CCA-R3-CD, 2004 WL 2996910 (Tenn.Crim.App., Jackson, Dec. 23, 2004) (though victims did not testify at trial, court concluded evidence sufficient for jury to infer victims were in fear based on testimony of other witnesses); State v. Jessie James Austin, No. W2001-00120-CCA-R3-CD, 2002 WL 32755555 (Tenn.Crim.App., Jackson, Jan. 25, 2002) (victim did not testify at trial but fear inferred from circumstances of the offense). Accordingly, the fact that Triston did not testify or offer any statements about being placed in fear does not discount the jury's verdict.