Carpenter v. State, 6 Div. 154

• Decision Date: 30 June 1980
• Docket Number: 6 Div. 154
• Parties: James Earl CARPENTER v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 89

404 So.2d 89

James Earl CARPENTER v. STATE.

6 Div. 154.

Court of Criminal Appeals of Alabama.

June 30, 1980.

Rehearing Denied July 29, 1980.

Richard S. Jaffe, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and J. T. Simonetti, Jr., Asst. Atty. Gen., for appellee.

TYSON, Judge.

James Earl Carpenter was indicted by the grand jury for the December 21, 1978, first degree murder of Mountain Brook Swim and Tennis Club security guard Oscar Carden. Trial was had on August 27, 1979. The appellant was convicted and sentenced to life imprisonment. From that conviction he now appeals in forma pauperis.

Mrs. Ruby Lee Carden, the victim's wife, testified that her husband had worked at the Mountain Brook Swim and Tennis Club as a security guard for approximately three years. She stated that he worked the 10:00 p. m. to 6:00 a. m. shift. Mrs. Carden identified the victim's pistol.

Mr. Jay Glass, Chief Medical Investigator for the Jefferson County Coroner's Office, performed an autopsy upon the victim. He testified that the cause of death was a gunshot wound to the head. Mr. Glass stated that the bullet entered the rear of the victim's head and exited through the right eye orbit. He testified that the gun was held some distance away as no evidence of powder burns was found.

Mr. Paul Shands, a bartender for the Mountain Brook Swim and Tennis Club, testified that he was working the evening of the killing and left the club around 10:05 p. m. He stated that he was the last person to leave, and the victim followed him to the door and locked it. Mr. Shands stated that later his fingerprints were taken.

On cross-examination Mr. Shands testified that he knew Stanley James (one of the four co-conspirators). He stated that James had once worked at the club as a busboy. He testified that another co-conspirator and the brother of the appellant, Billy Carpenter, had also worked there.

Mr. Thomas Slaughter, maintenance man for the club, testified that on December 22, 1978, he arrived for work around 6:00 a. m. He stated that he normally was the first to arrive and had a key to get in. He stated that the victim and he would have coffee together every morning. On December 22, Mr. Slaughter stated that when he arrived the door was unlocked. He entered, found a liquor bottle on the stairs, and called the victim. Mr. Slaughter proceeded into the club, turned on some lights, and found the victim. After checking for a pulse and finding none, he called the police. Mr. Slaughter stated that he waited in his car for the police to arrive, and no one entered the club until they arrived. Mr. Slaughter testified that the victim's holster was empty. He stated that the bar and office had been broken into. He testified that both Stanley James and Billy Carpenter had been fired and that he had seen the appellant a few times when he had come to pick up Billy. Mr. Slaughter identified several photographs of the scene which were properly admitted into evidence.

Irondale Police Officer Oscar Sorrell testified that on December 22, between 6:15 and 6:30 a. m. he answered a call from the Mountain Brook Swim and Tennis Club. He stated that upon arriving he saw Mr. Slaughter and the liquor bottle on the stairs. Officer Sorrell secured the scene of the crime.

Mrs. Grace Harrison, manager of Mountain Brook Swim and Tennis Club, testified that on December 1978 she was receptionist and treasurer for the club. She stated that she made an inventory of the liquor and, testifying from such, indicated that $210.50 of liquor was stolen. Mrs. Harrison stated both Stanley James and Billy Carpenter had been hired in May or June 1978 and had worked through the summer. She stated that both had kitchen duties and access to it.

Chauncey Simmons, one of the four who had participated in the December 21 killing, was called as a witness for the State. Simmons was a juvenile at the time of the killing and had had the charges against him dropped. Simmons testified that on December 21, 1978, he, together with Billy Carpenter and the appellant, went in Billy's car to the Shoney's restaurant in Hoover and picked up Stanley James who worked there. He stated that James had an unloaded .22 caliber pistol with him. He testified that James asked them whether they wanted to get some cash, to which they affirmatively replied. James said they could get it at Mountain Brook Swim and Tennis Club. Simmons testified that James conceived the plan whereby they would fake having a flat tire in order to use the telephone inside the club and thereby gain entrance. Simmons stated that James said he would go and ask the guard to let him use the phone, and once he got inside would draw his pistol on the guard, tie him up, and lock him in a room. Simmons stated they drove to the club, and the appellant and he got out and went to the rear while James went to the front door. Shortly thereafter James opened the back door, and the appellant and he entered. James had taken the victim's gun and had it pointed toward his back when he opened the back door. Simmons stated they went inside, and James told the victim to sit down and asked him to hold the .22 pistol on the victim. Simmons said that he was going to look for something, so James asked the appellant to hold the pistol on the victim which he did. Simmons testified that James and he went to the kitchen, broke in, got a meat cleaver, went to the bar, and using the cleaver broke into it. Simmons stated that James went to another room, kicked the door in, and looked for the money. During this time, Simmons said Billy was outside in the car. He stated that he found a liquor storage room and began to remove cases of beer. He carried some to the car and told Billy to come and help. Simmons testified that he dropped a bottle of liquor on the stairs while carrying some of the liquor. He stated that James went back to the room where the victim and the appellant were. Simmons said that Billy moved the car, and he got in and waited on James and the appellant. Simmons testified that he heard a thump-like sound and shortly thereafter saw James and the appellant run out of the club. The appellant had the .22 pistol in his hand and said that James had shot the guard. Simmons stated that Billy asked James whether he had shot the guard, to which James said that he shot him in the head because the guard knew him. Simmons testified that they drove toward home and, after fixing a flat, attempted to sell some of the beer. Simmons said he did not know what time they left the club, but arrived at Billy's house the next morning around 2:00 or 2:30 a. m. Simmons stated that on December 22 they attended a party at the home of James Evans. Simmons testified that they drank some of the stolen liquor. He stated that James had brought both guns to Evans' home.

On cross-examination, Simmons admitted knowing that James had pled guilty to the killing. He stated that while in the club the appellant had taken the victim's glasses off. Simmons testified that on his last trip down the stairs, he had dropped a bottle of liquor and had looked up and saw the appellant at the top of the stairs. He stated about twenty seconds afterwards, he heard the thump-like sound. Simmons stated that they were mad at James for shooting the guard. He testified that when they could not sell the beer, James fired the victim's .38 caliber pistol at their prospective buyer. Simmons stated that the next night they were at James Evans' house and that James had both pistols with him. He stated that when they were leaving James fired the .38 pistol, and Evans acted as if he had been shot. Simmons identified several photographs of the club which were admitted into evidence.

On re-direct examination, Simmons stated that he had been prosecuted by the district attorney's office. He testified that about eight to ten seconds after getting to the car he heard the thump-like sound and about four seconds later saw James and the appellant running from the club. He stated he could not see the door because the car had been moved. Simmons testified that before going to the club, he knew that both James and Billy had previously worked at the club.

Jefferson County Sheriff's Department Evidence Technician David Guthrie testified that on December 22 around 7:30 a. m he went to Mountain Brook Swim and Tennis Club, saw Officer Sorrell, and took several photographs. The photographs were properly admitted into evidence. Deputy Guthrie also found a spent bullet on the floor of the room wherein the victim was shot.

Walter Lewis, uncle of both Billy and the appellant, testified that he was at James Evans' house on December 22 and saw both the .22 and .38 pistols. He stated that he talked to Billy about them, and took the .38 pistol home with him. The next day, after talking to the Sheriff's Department, he gave the gun to Sergeant Paul Couch.

James Evans testified that on December 22, Simmons, James, Billy, and the appellant were at his house. He stated that he saw the .22 and .38 pistols in a bedroom. He testified that James and Billy were there with him. Evans put the guns in a closet and later gave the .38 to Walter Lewis and the .22 to James. Evans stated that James gave it to Evans' brother who returned it to him. Evans later gave the .22 pistol to Sergeant Couch.

On cross-examination, Evans stated that he talked to James in the kitchen wherein James told him that he had killed a man to get the liquor. Evans testified that James said he had killed him because he knew him. Later that evening Evans and James talked again wherein James told Evans that he had told the other three to go outside and he would lock the victim in a closet.

Jefferson County Sheriff's Department Sergeant Paul Couch testified in camera that the appellant was arrested a little after midnight on December 24. He stated that after transporting him to the Fairfield office and advising him of his rights, to which he signed a...