Boyd v. State

• Citation: 715 So.2d 825
• Decision Date: 17 January 1997
• Docket Number: CR-94-1523
• Parties: Anthony BOYD v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 825

715 So.2d 825

Anthony BOYD v. STATE.

CR-94-1523.

Court of Criminal Appeals of Alabama.

Jan. 17, 1997.

Rehearing Denied May 2, 1997.

William J. Willingham, Talladega; and S. Dale Price, Sylacauga, for appellant.

Bill Pryor, atty. gen., and Jack Willis, asst. atty. gen., for appellee.

McMILLAN, Judge.

The appellant, Anthony Boyd, was convicted of capital murder for the intentional murder during a kidnapping in the first degree, see § 13A-5-40(a)(1), Code of Alabama 1975. Following a sentencing hearing, the jury returned an advisory verdict recommending, by a vote of 10 to 2, the imposition of the death penalty. A separate sentencing hearing in front of the trial court was held, and the trial court sentenced the appellant to death by electrocution.

The record contains a summary of the facts and evidence presented this offense, as rendered by the trial court. In pertinent part, it states as follows:

"The victim of this crime was Gregory Huguley. The participants in this capital murder are the defendant, Anthony Boyd, Shawn Ingram, Marcel Ackles and Quintay Cox. All of these participants played an active role in the abduction and the murder of the victim. All were coconspirators and accomplices.

"On July 31, 1993, Anthony Boyd, along with Shawn Ingram and Marcel Ackles, were looking for Gregory Huguley, a/k/a 'New York,' because Gregory Huguley had gotten cocaine from them several days before and he had failed to pay up. The charge for the cocaine was $200.00. These men were later joined by Quintay Cox, who provided a 9-millimeter Mack 11 automatic pistol. These men continued their search for Gregory Huguley and in the early evening of July 31, 1993, they spotted 'New York' on 15th Street in Anniston, Alabama. At this time they were riding in a blue van that Marcel Ackles had rented. The van approached 'New York' and then stopped. Shawn Ingram took the Mack 11 automatic pistol and walked over to 'New York' and told him to come here. 'New York' hesitated and then Shawn grabbed 'New York' and pushed him into the van and onto the floor by the first bench seat. After leaving the scene of the abduction, Quintay Cox [was] let out at Cooper Homes and [was] instructed to follow the others. The first stop of the defendant and the participants was at a gasoline station, where Marcel Ackles got out and purchased some gasoline in a plastic container. Then all of the participants, including the defendant and the victim, proceeded to a baseball field in the Munford community in North Talladega County, Alabama. During this trip Gregory Huguley was made to lie down on the floor board of the van by defendant Boyd and co-defendant, Shawn Ingram. He kept saying to his abductors, 'Do not kill me. I will get your money.' When the participants arrived at the baseball field between 7:00 p.m. and 8:00 p.m., Shawn Ingram made 'New York' lie down on a bench. Then Marcel Ackles taped 'New York's hands and mouth and the defendant, Anthony Boyd, taped his feet, all with duct tape. Then 'New York' was taped to the bench. At this time, Shawn Ingram doused gasoline on 'New York.' Then he made a two-foot trail of gasoline from the bench where 'New York' was lying. Then he lit the trail of gasoline which led to 'New York' and caused him to be caught on fire. The defendant and the other participants watched 'New York' burn for 10 to 15 minutes until the flame went out. During the burning 'New York' rolled over a few feet. Then at this point in time he died as a result of the burning. Then the defendant and Shawn Ingram left in the van and returned to Anniston, and Quintay Cox and Marcel Ackles returned to Anniston in Quintay's car. On the way back to Anniston, Marcel said to Quintay, 'We are all in this together. If one goes down, all go down.' They arrived back in Anniston around 7:45 to 8:00 p.m.

"The murder of the victim, Gregory Huguley, was of the intentional killing type while the defendant committed murder during kidnapping in the first degree. The defendant possessed all of the requisite intent to sustain a conviction as charged in the indictment. He was an active and full participant in the death of the victim, Gregory Huguley."

I.

The appellant argues that the prosecutor offered irrelevant and highly prejudicial photographs as evidence during the guilt phase of the trial. The photographs depict the victim following the offense and were used at trial by the coroner to illustrate the nature and location of the injuries of the victim. The appellant submits that these photographs may have been admissible during the sentencing hearing to support the especially heinous, atrocious, or cruel aggravating circumstance, § 13A-5-49(8), Code of Alabama 1975, but he argues that they were improperly admitted during the guilt phase.

The photographs illustrated and corroborated the coroner's testimony concerning the injuries, and further corroborated the testimony of an accomplice, Quintay Cox, who stated that the victim had been taped to a board and that his mouth had been sealed with tape before he was set on fire. Therefore, the evidence was relevant and material at the guilt stage, despite the gruesome nature of the photographs.

In Johnson v. State, 620 So.2d 679, 692 (Ala.Cr.App.1992), rev'd on other grounds, 620 So.2d 709 (Ala.1993), cert. denied, 510 U.S. 905, 114 S.Ct. 285, 126 L.Ed.2d 235 (1993), the appellant argued that grossly inflammatory photographs should not have been allowed into evidence at the guilt and penalty stages of the trial. In holding that the photographs were admissible at both stages, this court stated:

"We have reviewed the challenged photographs and, although they are not pleasant to look at, we conclude that the trial court did not err in admitting them at either stage of the proceedings.

" '[P]hotographs that show the external wounds of a deceased victim are admissible even though the evidence is gruesome and cumulative and relates to undisputed matters.' Ex parte Siebert, 555 So.2d 780, 783 (Ala.1989), cert. denied, 497 U.S. 1032 110 S.Ct. 3297, 111 L.Ed.2d 806 (1990). See also Ex parte Bankhead, 585 So.2d 112 (Ala.1991). '[P]hotographic evidence, if relevant, is admissible even if it has a tendency to inflame the minds of the jurors.' Ex parte Siebert at 784. See also Ex parte Bankhead. We find no error in the trial court's admission of the photographs at the guilt phase of the trial. See, e.g., Smith v. State, 581 So.2d 497 (Ala.Crim.App.1990), rev'd on other grounds, 581 So.2d 531 (Ala.1991) (photographs of victim's decomposed and bloated body properly admitted); Dabbs v. State, 518 So.2d 825 (Ala.Crim.App.1987) (photographs of victim's head injuries taken during autopsy were gruesome but necessary to demonstrate extent of injuries); Hamilton v. State, 492 So.2d 331 (Ala.Crim.App.1986) (photograph of deceased's exposed scalp properly admitted into evidence)."

There was no error in the admission of the photographs during the guilt phase of the appellant's trial.

II.

The appellant argues that the State's use of its peremptory challenges was discriminatory as to both gender and race.

A.

The appellant argues that he presented a prima facie case of racial discrimination concerning the prosecutor's peremptory strikes and that a remand is necessary because the trial court improperly based its determination that the appellant had failed to establish a prima facie case solely on the racial composition of the jury. At trial, the appellant objected to the State's use of its peremptory challenges, alleging that the challenges were not race-neutral. However, in support of his objection, the appellant stated only that the prosecutor used 7 of his 14 strikes against black veniremembers. In light of the entire record, this challenge did not satisfy his burden of proof.

The following transpired concerning this matter:

"MR. WILLINGHAM: Judge, we show there were 39 after the challenges and whoever was released--their 39th potential juror--

"....

"MR. WILLINGHAM: On the venire and there were 14 blacks out of that which would represent 36 percent of the venire were black. The defendant in this case is a black male. Out of those 14 that were on the venire, the State used 7 of their 14 strikes. They used 50 percent of their strikes to remove blacks from the venire. By that they removed 50 percent of the blacks from the venire. Those that they removed were Number 123, J. W., Number 117, M. W., Number 19, R. W., Number 100, T. R., Number 78, P. M., Number 122, W. and number 75, M. We would submit that just based on the percentage that were struck that that would show a prima facie case and that they were released on--there would be no race-neutral reason for exercising the strikes. One I see probably an obvious reason, but on the majority of them I would submit there is not [any] race-neutral reason for exercising the strikes.

"MR. RUMSEY: Is that all?

"MR. WILLINGHAM: Yes, sir.

"MR. RUMSEY: The only comment the State has, Your Honor, is he's just failed to make a prima facie case.

"THE COURT: The Court agrees with the State and finds that there is no prima facie case made to the Court at this time. Are there any other matters to take up?

"MR. RUMSEY: Yes, sir. I believe there are 7--your records show, Bill, that there were 7 actually serving out of the 12 on the jury. Is that correct? Is that what your figures show?

"MR. WILLINGHAM: Yes, sir.

"MR. RUMSEY: Judge, we think that the only person that has used race in this case is Mr. Willingham. Every single strike he's made is on a white. Every single one. That's strictly prohibited by--the Alabama Supreme Court says you are strictly prohibited from doing that. He's interjected race in striking the jury by striking obviously every single strike as a white. He wants to refer to us in Batson and he's sitting there violating the Alabama Supreme Court up one side and down the other striking nothing but whites. He's the one that's interjecting race in it. The State...