Weeks v. State

Citation653 A.2d 266
Decision Date15 November 1994
Docket NumberNos. 345,s. 345
CourtUnited States State Supreme Court of Delaware
PartiesDwayne WEEKS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. & 359, 1993. . Submitted:

Upon appeal from the Superior Court. AFFIRMED.

Anthony A. Figliola (argued), Figliola & Facciolo, Wilmington, for appellant.

Richard E. Fairbanks, Jr. (argued), Cynthia R. Kelsey and Marsha J. Epstein, Wilmington, for appellee.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en banc.

HARTNETT, Justice:

This is the direct appeal from the decision of the Superior Court to accept Dwayne Weeks' ("Weeks") plea of guilty to the murders of Gwendolyn Weeks ("Gwendolyn") and Craig Williams and to impose the death sentence on him.

Weeks raises two issues. First, he argues that the Superior Court's failure during the plea colloquy to inquire into the results of Weeks' recent psychiatric evaluation renders the guilty plea involuntary. Second, he argues that the death sentence imposed upon him is disproportionate to sentences imposed for similar crimes and, therefore, violates 11 Del.C. § 4209. After reviewing the record, we find no error. Accordingly, we AFFIRM the sentence of death imposed by the Superior Court.

Facts

It is not controverted that on April 10, 1992, Dwayne Weeks and Arthur Govan shot and killed Weeks' estranged wife, Gwendolyn Weeks, and her companion, Craig Williams.

From the testimony adduced during the sentencing hearing, it appears that the killings occurred following eight difficult years of marriage, during which Weeks subjected Gwendolyn to possessiveness, irresponsible behavior, and abuse. Gwendolyn had supported Weeks through years of drug abuse, emotional distress, and criminal behavior. In September of 1991, Gwendolyn left Weeks and moved to an apartment selected primarily for the safety that it would afford her from him.

A few weeks before her murder, Gwendolyn spoke with an attorney about obtaining a divorce. Divorce proceedings, however, were not initiated and she did not make any financial demands on Weeks. During this period, Weeks approached Gwendolyn to gain her cooperation in refinancing the mortgage on the house owned jointly by them. On advice of counsel, she refused.

Two days before the murders occurred Weeks spoke with Arthur Govan ("Govan"), a co-worker in Weeks' father's construction business. According to the testimony by Govan at Weeks' penalty hearing, Weeks explained to Govan that his wife was going to seek a divorce, and that he was "not going to let her get none of what he worked hard for." He offered Govan $500 for his assistance with the murder, payable either as $500 cash, or $250 cash and a gun. According to Govan, Weeks' reason for hiring Govan was simple: "So when she get killed, if the police would come to the house and put [Weeks] on a lie detector machine he would pass it ... it would show he didn't have nothing to do with it ... [h]e wouldn't be nervous."

The plan began to unfold on Friday, April 10, 1992. Shortly after work, Weeks drove Govan to Saint Francis Hospital in Wilmington, where Gwendolyn worked. He planned to show Govan where Gwendolyn parked and the door she used when leaving work. Govan testified that they would have shot Gwendolyn immediately if they had encountered her. However, they did not see her and both men left.

Later that same day, between 5:30 p.m. and 6:00 p.m., Weeks picked up Govan at his home in Chester, Pennsylvania. During his direct examination at Weeks' penalty hearing, Govan stated that when Weeks picked him up, "his eyes was real big, like you know, he was high or something." The two men drove to Saint Francis Hospital. However, they were unable to find Gwendolyn's car. Weeks then called an acquaintance who also worked at Saint Francis. He learned that Gwendolyn was not at work and that she was probably at home with her new boyfriend.

Weeks and Govan then drove to Gwendolyn's apartment. They parked at a neighboring church parking lot to avoid the security gate barring the entrance to the apartment. Govan testified that while walking to the apartment, Weeks told him that if Craig Williams was present, "[h]e [Williams] going to get the same thing she get." Weeks was armed with a .380 automatic pistol and a .32 revolver that he gave to Govan. To avoid arousing Gwendolyn's suspicions, Weeks sent Govan to knock on the door. She did not respond and Weeks began to break down the door.

Gwendolyn telephoned 911 for assistance. The telephone line to the 911 dispatcher remained open throughout the incident and the entire episode was recorded on tape.

Upon gaining entry to the apartment, Weeks and Govan found Gwendolyn and Craig Williams huddled on the bedroom floor. Gwendolyn was shot twice. One bullet from the .380 automatic pistol wielded by Weeks entered her head, killing her instantly. Williams sustained several bullet wounds to his right hand and upper extremity. The medical examiner testified that these wounds were received when Williams raised his right arm to ward off the shots. He also suffered three wounds to the head. The last one was instantly fatal. A total of ten shots were fired in the apartment, four from the .380 automatic pistol wielded by Weeks, and six from the .32 revolver.

Leaving the apartment, Weeks took Gwendolyn's purse in order to make the killings appear to have been motivated by a robbery. Weeks seemed satisfied with the crime, as Govan noted in his testimony at the penalty hearing:

He got in the car and told me that they dead, man. I know they dead. I seen meat and everything hanging out of their head ... I got her like I wanted to get her. I got her good. I got both of them good, you know.

Weeks placed both guns in Gwendolyn's purse, which he threw into a truck at his father's construction lot. He then dropped Govan off at the train station and went to his girlfriend's home. Weeks hoped that his girlfriend might be able to provide him with alibi. Police apprehended Weeks less than one hour after the killing.

Following consultation with counsel and after a lengthy plea colloquy, Weeks entered pleas of guilty to two counts of first-degree murder. Govan also initially confessed to his role in the murders and testified against Weeks at Weeks' penalty hearing. Govan was convicted of the intentional murder of Craig Williams and the felony murder of Gwendolyn Weeks. He received a sentence of life imprisonment that has been affirmed on appeal. Govan v. State, Del.Supr., 655 A.2d 307 (1995) (ORDER).

Guilty Pleas
Knowing and Involuntary

Weeks claims that, during the plea colloquy when he entered his plea of guilty to two counts of first degree murder, the Superior Court failed to ask him about the results of a recent psychiatric examination. He contends that because of this omission his guilty plea was not made knowingly and voluntarily. We agree with the Superior Court's finding that Weeks' guilty plea was both knowing and voluntary.

This Court noted in Webster v. State, that the "failure of a trial court to ascertain whether a plea of guilty has been entered knowingly and voluntarily is a concern of constitutional implication." Webster v. State, Del.Supr., 604 A.2d 1364, 1366 (1992) (citing McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969)).

This Court has stated that "it is well-established that a sufficient basis for the entry of guilty plea must appear on the record to permit appellate review of a subsequent challenge." Sullivan v. State, Del.Supr., 636 A.2d 931, 937 (1994) (citing Fromal v. State, Del.Supr., 399 A.2d 529 (1979). Before accepting a guilty plea, the trial court must engage the defendant in a series of questions in open court in order to determine the voluntariness of the plea. This plea colloquy must be preserved on the record and the judge must determine that the defendant realizes and understands the nature of the charges and the various penalties provided for that offense. Id., 636 A.2d at 937. "The record must reflect that the defendant understands that the guilty plea constitutes a waiver of a trial on the charges and the various constitutional rights to which he would have been entitled had he gone to trial." Id.; Super.Ct.Crim.R. 11(c). In addition, the trial court may not accept the guilty plea without first determining, by addressing the defendant in open court, that the plea is voluntary and not the result of threats, force, or promises apart from the plea agreement. Super.Ct.Crim.R. 11(d). See Howard v. State, Del.Supr., 458 A.2d 1180, 1184-85 (1983).

Weeks cites no authority for his assertion that a trial judge must always inquire into a defendant's mental competency. The United States Supreme Court recently reiterated that "a competency determination is necessary only where a court has reason to doubt the defendant's competence." Godinez v. Moran, 509 U.S. 389, ---- n. 13, 113 S.Ct. 2680, 2688 n. 13, 125 L.Ed.2d 321, 333 n. 13 (1993). Thus, a decision to plead guilty does not mandate a competency determination. Id. A trial judge, however, "must defer acceptance of a defendant's guilty ... plea whenever he has a reasonable ground to doubt the defendant's competence," and in such cases "must put into motion the process whereby the defendant's mental condition may be inquired into and determined." Wayne R. LeFave & Jerold H. Israel, Criminal Procedure, § 20.4 at 640 (1984). Similarly, additional inquiry into a defendant's competence to plead guilty is necessary "once the court has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights." United States v. Cole, 3d Cir., 813 F.2d 43, 46 (1987). 1 Defendant cites no authority, nor have we found any, suggesting that a trial court must question a defendant as to the result of a psychiatric examination where the court...

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