Barnes v. State, 6 Div. 608

• Decision Date: 27 July 1982
• Docket Number: 6 Div. 608
• Citation: 429 So.2d 1114
• Parties: Charlie R. BARNES v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1114

429 So.2d 1114

Charlie R. BARNES v. STATE.

6 Div. 608.

Court of Criminal Appeals of Alabama.

July 27, 1982.

Rehearing Denied Oct. 12, 1982.

Certiorari Denied March 4, 1983

Alabama Supreme Court 82-59.

Arthur E. Parker, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Jeffery H. Long, Asst. Atty. Gen., for appellee.

HARRIS, Presiding Judge.

Appellant was convicted of second degree murder of Michael Crump and sentenced to twenty years' imprisonment by a Jefferson County Circuit Court jury.

The State's first witness was Jean Obenauf, the victim's sister. According to Mrs. Obenauf, the victim owned a shotgun and a .357 pistol. The last time Mrs. Obenauf saw the victim was in late January or early February, 1979, at his apartment on the south side of Birmingham.

The witness testified that the victim also owned a turquoise ring and a necklace with a bull's head pendant attached. She stated that she saw the victim's pistol when she went to see him at his apartment. She also described the victim's automobile, which was a green Camaro.

After her last visit with the victim in January or February, 1979, Mrs. Obenauf repeatedly attempted to contact her brother, without success. Finally, in April, 1979, the victim's landlord let her in her brother's apartment in order to move out his possessions. Mrs. Obenauf noticed that the victim's possessions were there except for a pistol, a quilt, a guitar and his automobile. Mrs. Obenauf moved the victim's possessions out of the apartment and never heard from him again.

Mrs. Obenauf stated that her brother had made periodic visits to his dentist, Dr. Paul J. Longshore. The victim had bridge work done on the right side of his mouth.

The State called Dr. Paul J. Longshore to the stand. Dr. Longshore testified that the victim was his patient. Dr. Longshore identified some of the victim's dental records and described various dental work he had performed on the victim.

Some time in 1979, Dr. Longshore met Dr. Ronald Rivers, a forensic pathologist, at Cooper Green Hospital. Dr. Rivers showed Dr. Longshore the lower jaw of a human skeleton. After comparing the jaw with his records, Dr. Longshore determined that the jaw was that of Michael Crump.

Randall Smith took the stand for the State. Mr. Smith was a laborer for the City of Hoover Street Department in 1979. He and other employees were often near the uncompleted section of I-65 near Hoover. In April of 1979, he and the other employees noticed a foul odor at the end of a dirt road near the interstate construction. In June of 1979, Mr. Smith noticed a dark area in the drainage ditch by the dirt road. Protruding from the ditch were apparently human skeletal remains covered with rotted clothing and natural debris.

Mr. Smith identified a picture of the general location where he found the body and he identified a picture of the remains.

The State then called Kenneth Bearden, a truck driver who drove a City crew that included Mr. Smith. He testified that, on June 1, 1979, Mr. Smith had run out of the woods very excited about something. Mr. Bearden went back with Mr. Smith and saw a body in a ditch.

David Cummings, Chief of the Hoover City Police Department, was contacted by the City employees and led to the body. After seeing the body, the Police Chief called Detective Harold Murdock.

Detective Murdock testified that, on June 1, 1979, he was directed to the location of the body. He described the area as a dead-end dirt road scattered with trash. He stated that the body was a short distance from the dead-end road and it was in an advanced stage of decomposition. He turned control of the area over to Sergeant Lynn Moore of the Jefferson County Sheriff's Department.

Sergeant Moore testified that he was called to the area. He turned over control of the area to Deputy Coroner Charles C. Roby and Dr. Ronald Rivers.

Dr. Roby received a call around 1:45 p.m. on June 1, 1979. He was directed to the scene of the body. He observed the deceased lying in a shallow grave in a drainage ditch covered with straw and limbs. He measured the body and estimated it to be from five feet eight inches to five feet ten inches tall.

He noticed a necklace with a bull's head pendant around the neck of the body and also observed turquoise rings on one of the hands. He put the body in a body bag and transported it to Cooper Green Hospital.

Dr. Ronald Rivers, a forensic pathologist and Chief Medical Examiner in 1979, performed an autopsy the next morning. He determined the cause of death to be shock and hemorrhage due to a shotgun blast. He observed a fractured cheek and jawbone which he determined was caused by a blow across the head with a blunt object.

Dr. Rivers, after performing the autopsy, called Dr. Longshore to see if Michael Crump's dental records matched that of the body. He also showed the records to Dr. Seymore Hoffman, a forensic odontologist.

Dr. Hoffman testified that he was contacted by Dr. Rivers to look at the jaw of the body and dental records of Michael Crump. After comparing x-rays of the jaw with Michael Crump's dental records, he stated that his opinion was that the body was the remains of Michael Crump.

Martha Elizabeth Franklin was called to the stand. She had met Michael Crump in November of 1978 and had dated him steadily until his disappearance in February of 1979. She also knew appellant.

The last time Ms. Franklin saw the victim was in February of 1979 at his apartment. Appellant was also at the apartment and was still there when she left around 2:00 p.m. to meet an insurance adjustor at a local restaurant.

When she returned to the victim's apartment at around 4:00 that afternoon, no one was there. The apartment looked as it had when she left earlier, except that the victim's pistol was on a coffee table and his dog was not there.

Ms. Franklin later saw appellant that night at a girl friend's house. Appellant was dating one of Ms. Franklin's friends. Appellant told her that he had not seen the victim, nor did he know where he was. Ms. Franklin never saw the victim again.

The next morning Ms. Franklin again saw appellant at her friend's house. Appellant told her that the victim had a date with another girl the night before and this other girl had spent the night with the victim at his apartment. Ms. Franklin went with appellant to the victim's apartment to get her personal belongings. The victim was not there and everything appeared normal. She gave appellant her key to the apartment and asked him to put it in appellant's mailbox. She also wrote appellant a note asking him to call and explain.

A couple of days later Ms. Franklin had still not heard from the victim, but she got word that his dog had been found about one-half mile from appellant's apartment.

Ms. Franklin testified that she had met appellant through the victim and that the two men seemed to be close friends. When she saw appellant the night after the last time she saw the victim, appellant did not appear to have mud or dirt on him.

On redirect examination, Ms. Franklin stated that appellant drove her to pick up the lost dog and told her that the victim had moved to Atlanta and was living with another girl.

Rebecca Edwards, a friend of Ms. Franklin and roommate of the girl appellant dated, testified that she knew appellant and saw him frequently in February and March of 1979. She also knew the victim and the last time she saw him was in February, 1979.

She further testified that she, her roommate, and appellant were discussing the unusual disappearance of the victim. Appellant said that he would try to find out where the victim was. He went to the phone and appeared to call someone. After talking on the phone, he told the women that he had been talking with a mutual friend of his and the victim, Ricky Maddow. He told them that, according to Mr. Maddow, the victim had gone to Atlanta and then was going out west.

Ricky Maddow was called to the stand. He testified that he knew appellant but had never known the victim. He also testified that he did not remember having a conversation with appellant in early 1979 about the victim.

Ray Nevin testified that he knew appellant in early 1979 and had a business transaction with him during that time. Mr. Nevin bought a .357 pistol from appellant. Mr. Nevin identified a State exhibit as the pistol he had purchased from appellant and later turned over to Sergeant Moore.

George Riddle also knew appellant and was involved in a business transaction with him. Mr. Riddle bought a 1970 model green Camaro automobile from appellant. Mr. Riddle identified a bill of sale he made when he bought the car. He bought the car on February 20, 1979. Mr. Riddle wrote down the tag number and the vehicle registration number on the bill of sale.

Thomas Daniels, an insurance claims adjustor for National Security Fire and Casualty Company, testified that he met Ms. Franklin in Birmingham on February 13, 1979, and discussed insurance business with her.

The State's next witness was Ricky Seals. Mr. Seals knew appellant and lived near the area where the victim's body was found. Mr. Seals stated that he and appellant had been in the general area where the body was found on numerous occasions. In his opinion, appellant was familiar with the general area.

Mrs. Jean Obenauf was again called by the State. She testified that, when she removed the victim's possessions from his apartment in April, she also removed appellant's mail from his mailbox. There was no key in the mailbox.

Judge Wallace Wyatt, Probate Judge of St. Clair County, identified certified copies of the victim's tag receipt. After comparing the receipt with the bill of sale made out when appellant sold a Camaro to George Riddle, Judge Wyatt testified that both the tag decal numbers and the vehicle registration numbers were the same.

Jacob Powell owned the Center Point Gun Bar in 1979. He identified documents that he was required to keep by...