A Tennessee appeals court has affirmed the convictions of Nicholas S. Collins, a former Tennessee Highway Patrol (THP) trooper, on charges of domestic assault, assault, and aggravated domestic assault. The case stemmed from an incident in February 2022, shortly after Collins’ wife, Whitney Collins, had moved out of their home and filed for divorce.
Background of the Case
The Sullivan County Grand Jury indicted Collins on several charges, including attempted second-degree murder, domestic assault, assault, aggravated domestic assault, vandalism, harassment, and attempted aggravated burglary. The charges arose from events that occurred on February 20, 2022. Collins was acquitted of the attempted second-degree murder charge, but a jury found him guilty of the remaining counts. This appeal specifically addressed the convictions related to domestic assault, assault, and aggravated domestic assault.
On January 17, 2022, Whitney Collins informed her husband, Nicholas Collins, that she wanted a divorce. Four days later, she moved out with their children and resided with her mother, June Gibson, and stepfather, Timothy Gibson. Following the move, Ms. Collins described her husband’s behavior as “erratic,” attributing it to increased alcohol use. She also testified that she received threatening text messages from him, including one stating, “I know where you are every day.” Another message included a photograph and video of her father’s cremains being thrown in the trash. These actions, coupled with the messages, led Ms. Collins to feel unsafe, prompting her to seek and obtain an ex parte order of protection.
The order of protection, issued on February 17, 2022, prohibited Collins from contacting his wife and children and from causing them to fear for their safety. It also warned him that any attempt to harm anyone could result in additional charges, including aggravated assault. On February 18, 2022, Lieutenant Michael Foster of the Washington County Sheriff’s Office served the order of protection to Collins. Collins became argumentative and made threats, including statements like “I am the law.”
On February 20, 2022, around 3:00 a.m., the motion sensors at the Gibson home, where Whitney Collins was staying, were triggered. The Gibsons’ security cameras malfunctioned. Mr. Gibson went outside and discovered that the tires of his vehicles had been slashed. While investigating, he heard sounds that led him to believe that Collins was nearby. Whitney Collins called 911 and, upon opening the front door, saw Collins running down the driveway. She screamed, “He’s here, he’s here.” She then used the “Find My iPhone” app on their daughter’s phone to find that Collins had been at the home a few minutes earlier.
Deputy Brandon Trivett of the Sullivan County Sheriff’s Office responded to the 911 call. He observed damage to the vehicles and cut wires to the security cameras. Collins was stopped and taken into custody shortly after. During an inventory search of his truck, authorities found a loaded handgun, ammunition, and other items.
The Defendant’s Testimony
Collins testified and admitted that his behavior when served with the order of protection was “unacceptable.” He explained that he was upset about his job being affected and hurt that he could not see his children. He admitted to drinking alcohol and called in sick to work the day he was served with the order of protection. He stated he went to the Gibson home on February 20, 2022, knowing the order of protection prohibited it. He admitted to cutting the tires on the vehicles and the security camera wires, claiming his intent was to gather evidence for the order of protection hearing. He denied any intention of entering the house or causing fear. Collins admitted he always carried a loaded pistol but denied having a weapon on him when he was at the Gibson home.
The Court’s Decision
Collins appealed his convictions, arguing that the evidence was insufficient to support them. He contended that the prosecution failed to prove he acted intentionally or knowingly to cause the victims to reasonably fear imminent bodily injury. The appellate court disagreed, upholding the trial court’s decision.
The court emphasized that the standard for assessing the sufficiency of evidence is whether any reasonable fact-finder could have found the essential elements of the crime beyond a reasonable doubt. The court also noted that it is not the role of the appellate court to reweigh the evidence or substitute its inferences for those of the jury.
In its analysis, the court addressed the elements of assault, domestic assault, and aggravated domestic assault. An assault occurs when a person intentionally or knowingly causes another to reasonably fear imminent bodily injury. Domestic assault involves assault against a domestic abuse victim. Aggravated domestic assault is committed when a person, who is subject to a court order preventing assault, intentionally or knowingly commits an assault.
The court found that the evidence presented supported the jury’s conclusion that Collins knew his wife and her parents would be at the home and that he intentionally or knowingly caused them to fear imminent bodily injury. The court noted that Collins had been sending threatening text messages, knew he was prohibited from being near his wife and children, and had engaged in actions that caused damage and concern. The court also pointed out that the jury was free to consider the credibility of the witnesses and reject Collins’s argument that he was only at the home to gather evidence.
Regarding the aggravated domestic assault conviction, the court determined that the evidence sufficiently showed the existence of the order of protection and the subsequent assault.
Based on these findings, the appellate court affirmed the trial court’s judgments, upholding Collins’s convictions.