State v. Ramsey

• Decision Date: 26 October 1993
• Docket Number: No. 73629,73629
• Parties: STATE of Missouri, Respondent, v. Roy RAMSEY, Jr., Appellant.
• Court: Missouri Supreme Court

Page 320

864 S.W.2d 320

STATE of Missouri, Respondent, v. Roy RAMSEY, Jr., Appellant.

No. 73629.

Supreme Court of Missouri,

En Banc.

Oct. 26, 1993.

As Modified on Denial of Rehearing

Oct. 26, 1993.

David S. Durbin, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for respondent.

HOLSTEIN, Judge.

On November 21, 1988, the bodies of Garnett Ledford, age 65, and his wife, Betty Ledford, age 63, were discovered in the bedroom of their Jackson County, Missouri, home. Garnett Ledford was lying on his back in the bed. He had sustained three gunshot wounds, two of which penetrated the brain. Betty Ledford was seated in a chair beside the bed, her hands tied behind her. She also had sustained three fatal gunshot wounds to the head. Most of the wounds were inflicted at extremely close range. Many valuables belonging to the Ledfords were missing.

Defendant Roy Ramsey was indicted on two counts of first degree murder, § 565.020, ¹ as well as two counts of armed criminal action, burglary in the first degree and felony stealing arising out of the Ledford homicides. The murder counts were tried to a jury resulting in verdicts of guilty and sentences of death. A motion for post-conviction relief was filed, heard and denied. Defendant now appeals the convictions and denial of post-conviction relief.

Defendant's first eight points on appeal, as well as Point XV, assert that defendant's death sentence constitutes cruel and unusual punishment. These points fail to assert wherein and why the trial court erred. In addition, the points include long lists of citations. ² These points are not in conformity with Rule 30.06(d). Points not properly briefed need not be considered. Rule 30.20. Nevertheless, we address the arguments we perceive to be presented in these points.

Points I and II are arguments relating to the proportionality review of defendant's sentence. Point III complains that the statutory aggravating factor of depravity of mind is too vague. Points IV, IX, and X raise claims of improperly admitted evidence. Point V attacks the validity of the prosecutor's discretion to seek the death penalty. Points VI, VII, XXII and XXIII assert improper arguments by the prosecutor. Point VIII asserts that improper victim impact evidence was adduced. Points XI, XII, XVI, XVII and XVIII involve allegations of error during the voir dire or jury selection process. Points XIII, XIV and XV assert errors in the giving of jury instructions. Point XIX claims the trial court erred in failing to grant a continuance to allow time to obtain certain sleep disorder tests of defendant, while Point XX claims ineffectiveness of trial counsel in failing to timely request and obtain the same sleep disorder tests. Point XXI contains various claims of error in the post-conviction proceeding relating to ineffective counsel claims.

FACTS

The primary testimony against defendant in this case came from defendant's brother, Billy Ramsey, and Angela Ray, a girlfriend of Billy. Defendant, Billy and Angela had spent the night prior to November 21, 1988, in the home of defendant's mother, Effie Ramsey, in Kansas City, Missouri. At the direction of Effie Ramsey, Angela had prepared breakfast for the two Ramsey brothers. Following breakfast, defendant retrieved a nickel-plated semiautomatic .22 caliber pistol from his room. Pointing the gun at Angela, he said, "Take me to Grandview." She agreed to do so if defendant would "get the gun out of my face." The three then left the Ramsey home in Angela's vehicle. According to Billy Ramsey, the two brothers had decided to "go out and do some stealing," although Angela was not informed as to why the two wanted to ride to Grandview.

The three left in Angela's 1979 white Ford Fiesta. Having been given directions by Billy, Angela drove to the Ledford house on 102nd Street in Grandview. Angela remained in the car. Defendant and Billy went to the front door. The door was answered by Mr. Ledford. After a brief conversation in which Billy reminded Mr. Ledford that the two had been acquainted earlier through the Ledfords' son-in-law, who had served time in jail with Billy Ramsey, Mr. Ledford opened the glass storm door and came out onto the porch. There Billy and Mr. Ledford continued to talk as the defendant listened.

Apparently tiring of the chatter, defendant pulled the gun and ordered everyone inside. Upon entering, they met Mrs. Ledford. Defendant pointed the gun at her and demanded that she give them money, jewelry, and other valuables. Mr. and Mrs. Ledford were ordered into their bedroom and ordered to open their safe. Mr. Ledford was apparently recovering from back surgery and was using a cane. Because he was unable to bend down to open the safe, Mrs. Ledford had to perform that task. Defendant stayed with the two Ledfords while Billy Ramsey took guns from the hall closet then went to the living room and disconnected the VCR. These items were piled beside the front door. At defendant's direction, Billy obtained a pillow case and took it to the Ledford bedroom. There defendant told Billy he was going to tie up the Ledfords before leaving them. Defendant assured the Ledfords and Billy that he did not intend to harm the couple. Valuables from the safe and bedroom were placed in the pillow case. Billy returned to the living room with the pillow case and was preparing to leave through the front door when he heard "three or more shots." Defendant later explained to Billy that he shot the Ledfords because they knew Billy and could pick defendant out of a photo lineup.

Billy left the house with the stolen property and defendant soon followed. The three then drove back to the Ramsey family home. On the way home, defendant gave Garnett Ledford's wallet to Billy. After removing the money and some other items, defendant threw the wallet, cards and some Ledford family photographs that were in the wallet out the window near 67th Street and Prospect. The wallet and some of the cards and pictures were found that afternoon by two girls walking home from high school. Billy's fingerprints were discovered on some of the items found.

After arriving at the Ramsey house, the Ledfords' possessions were divided among defendant, Billy, and their mother, Effie Ramsey. Among the items taken were cash amounting to approximately $2,500, rings and jewelry, guns and some old silver coins. Billy later pawned rings identified as Mrs. Ledford's. Also, upon learning that defendant had taken more than his share of the loot, Billy took the nickel-plated .22 while defendant slept and sold it.

Only after the crimes did Angela Ray learn of the murders. She became very upset about her connection to the crimes. On Thanksgiving day, defendant, Billy, and Angela were again at the Ramsey house. In front of several members of the Ramsey family, defendant held a knife to Angela's throat and said, "Bitch, if you don't keep your mouth shut, I'm going to kill you." Fearing for her life, Angela fled to Memphis, Tennessee.

Acting on anonymous tips that Angela may have information relating to the Ledford murders, police began searching for her, finding her car at the Ramsey residence. Police later interviewed her. Angela provided the first detailed information implicating defendant and his brother, Billy, in the robbery and murder of the Ledfords. Defendant was taken into custody on November 26 pursuant to warrants issued for his arrest for parking violations. In searching the defendant, a silver coin was recovered, which was later identified as one of those stolen from the Ledfords.

Ballistics examinations determined that the bullets retrieved from the bodies of the Ledfords during autopsies were fired from the nickel-plated .22 caliber semiautomatic pistol that Billy took from defendant. Shell casings recovered from the scene of the crime were fired from the same pistol. Other evidence adduced at trial will be discussed as necessary in addressing the points raised on appeal.

I.

(Points I and II)

Although not constitutionally required, § 565.035.3 requires this Court to conduct an independent review of a defendant's death sentence. The Court must decide whether the death sentence is excessive or disproportionate to the penalty in other similar cases. In this case, defendant's offenses involved six aggravating factors including: 1) killing for monetary gain; 2) helplessness of victims; 3) multiple murders; and 4) murder of witnesses. Defendant's offenses in this case are similar to other cases where the death penalty was imposed. See State v. Hunter, 840 S.W.2d 850 (Mo. banc 1992); State v. Ervin, 835 S.W.2d 905, 927 (Mo. banc 1992); and State v. Griffin, 756 S.W.2d 475 (Mo. banc 1988). The facts of this case are remarkably consistent with death sentences affirmed wherein victims were murdered during the course of a robbery. State v. Murray, 744 S.W.2d 762 (Mo. banc 1988); State v. Pollard, 735 S.W.2d 345 (Mo. banc 1987); State v. Young, 701 S.W.2d 429 (Mo. banc 1985). The brutality of entering the home of an elderly couple in the middle of the day, stealing their valuables and inflicting multiple fatal wounds on each to avoid later identification is the kind of intolerable, vicious behavior for which capital punishment is often imposed. Add to this defendant's prior propensity for violent crimes, and it becomes clear the sentence is not disproportionate.

A.

The defendant argues that there were "many mitigating factors" which should be considered. The only ones mentioned are evidence of a sleep disorder, resulting in depression and irritation, and mild mental retardation. The sleep disorder was not shown to impede defendant's ability to understand right from wrong and to behave accordingly. Defendant's intellect was characterized by his own psychologist as being in the "low average range." Low average intellect is not a basis for refusing to impose the death penalty. State v. Powell, 798...