State v. Bates

• Decision Date: 14 January 1991
• Docket Number: No. 89-26-I,89-26-I
• Citation: 804 S.W.2d 868
• Parties: STATE of Tennessee, Appellee, v. Wayne Lee BATES, Appellant.
• Court: Tennessee Supreme Court

Page 868

804 S.W.2d 868

STATE of Tennessee, Appellee, v. Wayne Lee BATES, Appellant.

No. 89-26-I.

Supreme Court of Tennessee,

at Nashville.

Jan. 14, 1991.

Rehearing Denied Feb. 25, 1991.

Charles W. Burson, Atty. Gen. & Reporter, Debra K. Ingles, Asst. Atty. Gen., Nashville, for appellee.

Robert S. Peters, Winchester, Roger J. Bean, Tullahoma, for appellant.

OPINION

O'BRIEN, Justice.

This defendant entered a plea of guilty to the offense of murder in the first degree and grand larceny and submitted the issue of punishment to a jury, as required by T.C.A. § 39-2-203. He did not waive his objection to an order, entered by the court, overruling a motion to suppress a confession, or his right to appeal in the event the confession was introduced at the penalty phase of the proceedings.

The various admissions were admitted at his sentencing hearing. Defendant ascribes error to the trial court action overruling his motion to suppress evidence of his confession, as well as evidence of the subsequent statements made by him, which he insists were the fruits of his original confession. It is his insistence that these statements were made while he was in custody and after he had informed the authorities of his desire for counsel. He says the interrogations engaged in by the authorities were not initiated by him.

The evidentiary basis leading to the admission which defendant says was taken in violation of his constitutional rights indicate that on 4 June 1986, after breaking into a residence in Allen County, Kentucky, defendant was incarcerated in the Allen County Jail, charged with first degree burglary, possession of stolen property, and two misdemeanors arising out of a traffic accident. On 20 July 1986 while attending a church service at the Allen County Courthouse, he escaped. Two days later he broke into a house near Franklin, Kentucky, from which he took a number of items, including a suitcase and a .410-gauge single-barrel shotgun. He sawed off the stock and barrel of the gun and carried it away in the suitcase. By 23 July 1986 he had made his way from Kentucky to an exit off Interstate 24 at Manchester, Tennessee, where he was endeavoring to steal an automobile. He happened upon Julie Guida as she was jogging in the area of the interstate exit. Guida was a 28-year-old mechanical engineer from Utah who was staying at the Manchester Holiday Inn while testing rocket engines at the nearby Arnold Engineering Development Center. He pulled the stolen shotgun on her and finally managed to subdue her after a struggle in which once she managed to knock the gun from his hand. Recovering the gun he attempted to assure her he was not going to kill her as he walked her into the nearby woods where he talked to her for awhile, telling her he was on the run and just wanted her to drive him to Chattanooga in her car. He used her shoelaces and the headphone cord from a portable radio tape player she was carrying to tie her to a tree. He used one of her socks as a gag to keep her from raising an alarm. He told her he was going to the Holiday Inn to retrieve her car, then he stepped behind her and, without warning, shot her once in the back of the head, killing her instantly.

After hiding her body under some brush and tree limbs, Bates went to Ms. Guida's motel room where he bathed, shaved and ate some fruit which he found there. He took some traveler's checks from her purse and departed in her rental car. He drove to Knoxville by way of Chattanooga and headed for Maryland, which was his home. Near Bristol, Tennessee he picked up a male and a female hitchhiker who assisted him in passing Guida's traveler's checks. On 26 July 1986 Bates was arrested on an unrelated offense in Baltimore, Maryland. A police investigation of Julie Guida's disappearance led Tennessee authorities to Maryland and then to the defendant.

Evidence presented at the suppression hearing indicated that on 20 August 1986 FBI agents investigating the interstate transportation of a stolen motor vehicle and the possible kidnapping of Ms. Guida interviewed defendant concerning his possession of Guida's car. He was properly advised of his right against self-incrimination, his right to counsel, and given an interrogation and advice of rights form. He informed the agents he understood his rights and refused to sign the form. The agents then questioned him concerning his involvement with Guida's car and traveler's checks. He was informed that several people had seen him driving the victim's automobile and when shown a photograph of Ms. Guida defendant told the agents, "I believe I need a lawyer." The interrogation stopped and defendant was returned to the jail. Nothing was done to afford him access to an attorney over the next thirteen (13) days.

On 2 September 1986 Tennessee Bureau of Investigation Agent Danny Wix and Frank Floied, an investigator for the Coffee County District Attorney's Office, proceeded to interrogate Bates. They had been informed by the FBI that the defendant had requested an attorney on August 20. Wix and Floied advised him of his rights, which he acknowledged he understood. No written waiver was presented for him to sign. Indicating they were interested in locating Julie Guida, Wix and Floied "interviewed" defendant about her disappearance and his activities after his escape from jail in Kentucky. The "interview" began at approximately 1:00 p.m. and continued until shortly after 6:00 p.m. when defendant gave his first statement.

Officer Floied, whose testimony was corroborated by Officer Willie Cole of the Baltimore Police Department, testified that when Bates was brought to the homicide interrogation room at the Baltimore Police Station he, Wix, Detective Cole and Detective Moore, all identified themselves. Bates was advised of his rights, stated he understood, and was asked if he wanted counsel. He said he did not want the services of an attorney. After their examination had gone on for some period of time he indicated he would like to speak with his brother, Gary Bates, before talking anymore. His brother was located and asked to come to the Central Police Station to talk with the defendant. He agreed to do so however, when he did not appear, they discovered he had gone to the city jail rather than the Central Police Station. Contacted by phone, he again agreed to come down, however, when he did not arrive, in another phone call they were informed by Pop Vincent, the uncle of Gary's wife, that he was not at home. Moore and Floied went to the Vincent residence where Gary lived. Mr. Vincent told them they were wasting their time that Gary would not be there. He had decided to leave, he had nothing to say to Wayne, that Wayne had been nothing but trouble for him. They returned to the police station and related this information to defendant. He did not believe this information and asked if he could call Mr. Vincent to confirm what the officers had said. The police placed the call and told Mr. Bates to pick up the receiver. There was a discussion between him and Mr. Vincent. After a matter of seconds he hung up the phone, turned to the officers and said "I'll tell you what happened. I didn't molest her. I didn't rape her. I didn't mutilate her. I just blew her ___ head off." Subsequently he drew a map for them so the body could be located. He then gave detailed statements which were admitted against him at the sentencing hearing.

Defendant's version of events which occurred prior to his confession was that after being interrogated by the FBI agents he was returned to the Baltimore City Jail and placed in a lock-up status. He endeavored to solicit assistance in obtaining an attorney through his social worker and his brother, all without success. He said when he was introduced to Wix and Floied he could tell from their conversation that they were aware he had previously requested assistance of counsel. When they began talking about murder and related matters he told them he wanted to talk to his brother, and said he believed he told them he needed an attorney. They responded that a lawyer could not help him and at his insistence they called his brother to come talk to him and bring him some clothes. By mistake his brother went to the Baltimore City Jail instead of the Central Police Station where the interrogation was taking place. When his brother did not appear the officers called his home again. Supposedly his wife's uncle answered the phone and then handed it to his brother who said he didn't want anything else to do with Bates, that he had been nothing but trouble, and that he didn't want to see him anymore. When this information was communicated to Bates, he requested they call again and let him talk to Mr. Vincent because he did not believe what he had been told. Vincent told him the same thing. He testified that after talking to the uncle he made the statement to the officers because "I didn't care about nothing no more." It was his testimony that his brother was his last link with his family because he had previously shot another brother. At the time he still wanted to talk to a lawyer but none had ever been provided for him.

The second statement was given to the FBI on 11 September 1986. Bates had still not consulted with an attorney. Agent Gerald Dougher of the FBI was collecting hair samples from defendant in accordance with an order from the Federal District Court in Roanoke, Virginia. As defendant was supplying the samples he told Dougher that he didn't understand why the FBI was doing this, because he had already admitted to the murder in Tennessee. Dougher explained that before he could discuss the homicide with defendant he would have to be advised of his constitutional rights and would have to sign a statement indicating he had initiated the conversation and specifically did not want an attorney present. Defendant agreed to do this, read the advice of rights form, and signed a waiver. He then gave the second...