Ballenger v. State

• Decision Date: 20 March 1998
• Docket Number: CR-96-1920
• Citation: 720 So.2d 1033
• Parties: Walter BALLENGER v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1033

720 So.2d 1033

Walter BALLENGER v. STATE.

CR-96-1920.

Court of Criminal Appeals of Alabama.

March 20, 1998.

Rehearing Denied May 8, 1998.

Certiorari Denied Aug. 21, 1998

Alabama Supreme Court 1971453.

Ginette Dow, Bessemer, for appellant.

Bill Pryor, atty. gen., and Joseph G.L. Marston III, asst. atty. gen., for appellee.

COBB, Judge.

In the early morning hours of March 12, 1995, a fire engulfed a rental home in Hoover, Alabama, causing significant damage and forcing the evacuation of its residents. At that time, the occupants of the house included the appellant, Walter Ballenger; his best friend and the leaseholder, Joe Cameron; and Cameron's family, including his wife, his mother, his daughter and his son. Ballenger was charged with arson. It is undisputed that the fire began as the result of the malfunction and melting of an automatic drip coffeemaker. The central issue at trial was whether Ballenger had intentionally sabotaged the coffeemaker in order to burn the house down. Ballenger was convicted of arson in the first degree, a violation of § 13A-7-41, Ala.Code 1975. Ballenger was sentenced to 15 years in prison; that sentence was suspended and Ballenger was placed on 2 years' probation.

Ballenger argues that the evidence was insufficient to support his conviction for arson. We agree.

"In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.

Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985).

"A verdict of conviction will not be set aside on the ground of insufficiency of the evidence, unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the judgment is so decided as to clearly convince the reviewing court that it was wrong and unjust."

Jackson v. State, 516 So.2d 726 (Ala.Crim.App.1985). However, "the court ... shall direct the entry of judgment of acquittal as to any charged offense ... for which the evidence is insufficient to support a finding of guilty beyond a reasonable doubt." Rule 20.1, Ala.R.Crim.P.

Section 13A-7-41, Ala.Code 1975, sets out the elements for arson in the first degree.

"(a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when:

"(1) Another person is present in such building at the time, and

"(2) The actor knows that fact, or the circumstances are such as to render the presence of a person therein a reasonable possibility.

(emphasis added.) The State may establish the elements of arson by circumstantial evidence. Minnis v. State, 690 So.2d 521 (Ala.Crim.App.1996). Circumstantial evidence will be given equal weight as direct evidence, "provided it points to the guilt of the accused." Id. at 523. Although this court will not substitute its judgment for that of a jury, "our obligation is to determine if there exists any reasonable theory from which the jury could have concluded that the defendant was guilty of the crime charged." Id. Therefore, "when guilt is predicated upon circumstantial evidence, the test to be applied is whether a jury might reasonably conclude that the evidence excludes every reasonable hypothesis except that of guilt." Ashurst v. State, 462 So.2d 999, 1003 (Ala.Crim.App.1984).

It is undisputed that the fire began as a result of the melting of the coffeemaker. A forensic electrical engineer gave expert testimony that the malfunction was caused by someone's tampering with the coffeemaker's fuse and thermostat. Joe Cameron testified that he had taught Ballenger about electronics. Ballenger, because he lived in the home, had unlimited access to and the opportunity to tamper with the coffeemaker. Several members of the Cameron household heard Ballenger say he had taken the coffeemaker apart to clean it. Mrs. Cameron remembered that Ballenger wanted to repair the coffeemaker because it was not keeping coffee hot.

Accepting as true all the evidence introduced by the State, and according the State all legitimate inferences therefrom, and considering all the evidence in a light most favorable to the prosecution, all of which we must do, Faircloth, supra, we conclude that the jury could have reasonably found that Ballenger had tampered with the coffeemaker and that, as a result of his tampering, the coffeemaker malfunctioned, melted and burned the house.

However, that evidence, although it may prove negligence, does not prove arson. The evidence must prove beyond a reasonable doubt that Ballenger intentionally tampered with the coffeemaker in order to burn the dwelling. The evidence as to this element of intent is woefully weak.

After reviewing the evidence concerning Ballenger's electronic expertise, his opportunity, and his access to the coffeemaker, we must still ask the question: Why would Ballenger want to burn his own dwelling down while he was sleeping in the home at the time? The State argued there was circumstantial evidence to prove several motives for arson. In reviewing this circumstantial evidence offered to prove the crucial element of intent, and all the legitimate inferences that could be drawn from it, we must ask "whether a jury might reasonably conclude that the evidence excludes every reasonable hypothesis except that of guilt." Ashurst, 462 So.2d at 1003.

The motives and circumstantial evidence that the State argues proved that Ballenger had the intent to commit arson are discussed below.

1. Ballenger was resentful of the Camerons and wanted them all to move from the house. Joe and Kathy Cameron testified that the afternoon before the fire they had argued with Ballenger about moving. The Camerons testified they were happy with the house but that Ballenger was not. The Camerons' daughter, Honey Jo, testified that she overheard Ballenger say one time that if it were not for him, "Joe and Kathy wouldn't have anything." This evidence, the State argues, proves Ballenger had a motive to burn the house--he wanted to move. This evidence does not take into account the fact that, shortly after the argument, the Camerons and Ballenger were sitting around drinking coffee together, and did not appear angry at one another. In fact, the Camerons deny that there was any animosity between Ballenger and the Cameron family. Kathy Cameron testified she "always thought of [Balle...