Crews v. State

Decision Date04 September 1979
Docket Number4 Div. 727
Citation374 So.2d 436
PartiesRussell CREWS v. STATE.
CourtAlabama Court of Criminal Appeals

Myron H. Thompson, Dothan, for appellant.

Charles A. Graddick, Atty. Gen., and C. Lawson Little, Asst. Atty. Gen., for the State, appellee.

TYSON, Judge.

Russell Crews was indicted for kidnapping one Pamela Gray. The jury found the appellant guilty of kidnapping "as charged in the indictment", and the trial court entered judgment which set sentence at six years imprisonment in the penitentiary. Pamela Gray stated that she was sixteen years of age on November 12, 1978, and resided at 1103 Meharris Drive in Dothan, Alabama with her mother and father.

Pamela stated that she received a phone call from her friend indicating that Russell Crews was home for the weekend and staying at the Travel Motor Lodge and that he had been sick. Pamela indicated that after going to church she went by the motel to see him. She indicated that he wanted her to go back to the Air Force base in Texas with him where he was then stationed.

From the record, Pages 3A 8:

"Q. Tell us what happened when you got there?

"A. When I got there he let me in and he started to tell me to go with him back to his Air Force base and I told him I couldn't, and he got all upset after I told him I couldn't go. After I told him I couldn't go he decided he wasn't that sick, and I told him no. We started 'rasseling and he took my keys from me and threw them over on the other side of the bed. He pushed me down on the bed and we were 'rasseling and he managed to take off my shoes and my skirt; he didn't take off my top, but he forced me to have sex with him.

"Q. What happened after that, Pamela?

"A. He heard someone coming to the room and he pushed me off the bed and pushed me in the bathroom and he told me I better not scream; and he went and checked and there was not anyone and came back in and asked why didn't I want to go with him. I told him I couldn't, because of school and I was not ready to leave. He had really got upset then and we went back in the other room and I put on my shoes and got the rest of my stuff in my hand. He had put a chair in front of the door and I sat down in the chair, and I kept telling him I just couldn't go with him and he started crying. And he told me he had money and he would take care of me and I still told him I couldn't go with him. At the time he was sitting in front of me with the air-conditioner over my head and the cord was hanging down in front of me and I thought I could get his attention and run from him, but it wouldn't come down. We sat there and he kept saying 'come on and go with me.' Then he moved away and sat on the farther side of the bed and that is when I ran out.

"Q. Where did you run?

"A. To the car.

"Q. Whose car was that, Pamela?

"A. My brother's car.

"Q. Is this place, the Travel Motor Lodge, is that here in Houston County, Alabama?

"A. Yes.

"Q. When you got to the car, what happened then?

"A. He was right behind me and I grabbed the steering wheel and tried to hold on and he pulled me and I fell and he dragged me and was kicking me.

"Q. What did you do to try to stop him from dragging you back in?

"A. I was kicking and holding on.

"Q. What did you hold on to?

"A. I was holding on to the bumper of the car.

"Q. Did you try to scream and cry out?

"A. Yes, and when I got back in the room, he started hitting me with his fist in the head, and I fell and couldn't think straight. When I was on the floor I heard him ripping up something and he started tying up ankles with the sheets off the bed. And he tied up my arms and tied up my mouth and he told me not to scream. He said why did I scream 'you didn't have to scream.' And then he pulled the mattress down on top of me, I was on the floor, and he went outside and I heard the car crank up and he backed the car up to the door and the trunk was up and he came back in and he said, I'm sorry, but you are going to have to ride in the trunk. I tried to scream and he threw me on the bed and stuck his finger in my mouth and told me not to scream. I tried to scream again and he put his finger in my nose and he said, "I warned you not to scream and he put me in the trunk and closed the door closed the trunk and drove away. And he didn't let me out until two hours after that, on some dirt road, in the country.

"Q. He was on a dirt road when he opened the trunk?

"A. Yes, it was somewhere in the country.

"Q. After he opened the trunk, what did he do then?

"A. He started questioning me, asking me why did I scream. While I was in the trunk, he kept hollering back to me; I could hear him, asking why did I scream. He said I didn't have to scream. He just kept asking me the same questions. He said 'what are you going to do' and I told him I didn't know. I asked him to untie my wrists because my wrists were being cut and he untied me and let me out the trunk, but I was still tied by the ankles.

"Q. After he let you out of the trunk, where did he put you?

"A. Sit in the car.

"Q. Did he put anything over you at that time?

"A. No.

"Q. Were you still tied at that time?

"A. Yes.

"Q. And how were you tied, Pamela?

"A. My arms were behind me and my feet were tied together. He made me lean towards him and he dared me to get over close to the doorknob of the car, or else. That is all he would say 'or else.' He would never tell me what he would do.

"Q. That first night, where did he take you to then?

"A. The Shamrock Motel, In Mississippi.

"Q. Was it a hotel or motel?

"A. A motel.

"Q. How did he get you to check in the motel?

"A. He didn't, he parked the car where he could walk to the door, and there was a window where he could look right out, and I was still tied up. It was late and the man, you know, it took him a while to get there. He never did look in the car to see me. When he got the room, it was on the front where everything was. He didn't untie me, he just backed the car up to the door and made me walk backwards to the room, so no one could see the things on my arms. When I got in there he tied me to the bed-post.

"Q. Did that leave any kind of burns on you when he tied you up?

"A. Yes.

"Q. Now, he tied you to the bed-post there in the room?

"A. Yes.

"Q. After you left there, where did you go?

"A. We didn't stop any more except to eat and he would cover me up with a blanket so nobody could see me when he stopped, and see that I was tied up. When he stopped to get gas, he would put me back in the trunk and dare me to say anything. I didn't say nothing, because I was scared that he wouldn't let me back out.

"Q. Where did you finally get to after you left Mississippi?

"A. We were in Texas and we stopped at another motel, called the Green Wave and my muscles were hurting so bad, he had to he didn't tie me up no more, because I couldn't do anything, and he didn't do anything bad to me, just watched me, everything I did. He let me call home the next morning. I had begged him to let me call.

"Q. Before you called, did he tell you something he had heard?

"A. No.

"Q. Did he ever tell you anything he heard at the base?

"A. Before I called he told me to tell my mother to get him out of trouble and I did it on purpose, because I didn't want my mother to get him out of trouble, and she said .

"MR. THOMPSON: I object to what she said.

"THE COURT: Yes, sustain the objection.

"Q. After the phone call, where did you go then?

"A. We were in Houston and went over to the Air Force Base, where he was.

"Q. Did he ever go in the Air Force Base while you were with him?

"A. Yes.

"Q. Where were you?

"A. In the car.

"Q. Did he take you with him?

"A. No, I would stay in the car.

"Q. What did you do when he would get out of the car?

"A. Nothing, he ran to the room and told me not to get out of the car and go no where and I didn't get out of the car.

"Q. Could you see him from where you were in the car?

"A. Yes.

"Q. Where would he be when you were in the car?

"A. He was upstairs; he showed me where his room was, on the top floor. I tried to be nice so he wouldn't get made with me.

"MR. THOMPSON: I object.

"THE COURT: I sustain the objection. It is not responsive to the question.

"Q. Pamela, how did you finally manage to get loose from him?

"A. It was raining one morning and the Sergeant called and told us to be in the office in the morning.

"Q. What did the Sergeant say, do you know?

"A. No, I didn't answer the phone. He answered the phone.

"Q. What happened?

"A. When we got down to the place, it was raining and he dropped me off in front.

"Q. Did Russell say that the Sergeant said for you to come to ?

"A. No, we had been down there one time already.

"Q. Why did you go down the first time?

"A. Because the Sergeant called and told him to bring me and for both of us to be down there.

"Q. He brought you in?

"A. Yes.

"Q. Where did he take you from there?

"A. After we went there, we left again and went back to the hotel and the Sergeant told us to be back at a certain time. When we came back it was raining and he dropped me off and I went in and told the Sergeant what really happened. He sent this lady in there and she took me off and then he came in and asked me to tell him what happened.

"Q. How did you get back home, Pamela?

"A. My mother wired me a plane ticket.

"Q. Did you see your mother when you got back home?

"A. When I got to Atlanta; they drove up to Atlanta.

"Q. Did you show her the injuries you had on you?

"A. Yes, sir.

"Q. Where did you have the injuries?

"A. I had bruises on my wrists and I had a bruise on my head.

"Q. Did your mother take you anywhere to have them seen about?

"A. We went to Dr. Crumpton."

On cross-examination Pamela testified that Jacquelyn Davis was the friend who telephoned her concerning Russell being back in Dothan. Pamela also indicated that she had known Russell for four or five years and had dated him from December, 1977, until around the first of August, 1978,...

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10 cases
  • Ex parte State of Alabama. ,.
    • United States
    • Alabama Supreme Court
    • August 21, 2009
    ...element of the offense which leaves the accused unaware of the nature and cause of the charge cannot be waived. Crews v. State, 374 So.2d 436, 442-43 (Ala.Crim.App.1979); Andrews v. State, 344 So.2d 533, 534-35 (Ala.Crim.App.), cert. denied, 344 So.2d 538 (Ala.1977). Where an indictment is ......
  • Sullens v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 21, 2003
    ...element of the offense which leaves the accused unaware of the nature and cause of the charge cannot be waived. Crews v. State, 374 So.2d 436, 442-43 (Ala.Crim.App.1979); Andrews v. State, 344 So.2d 533, 534-35 (Ala.Crim.App.), cert. denied, 344 So.2d 538 (Ala.1977). Where an indictment is ......
  • Clark v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 28, 1984
    ...by the evidence in this cause as testified to by the victim and as corroborated by the officers and her husband. See Crews v. State, 374 So.2d 436 (Ala.Crim.App.1979) and Gurley v. State, 411 So.2d 1305 With reference to the charge of first degree robbery, the evidence showed that the cash ......
  • Barbee v. State, 3 Div. 564
    • United States
    • Alabama Court of Criminal Appeals
    • July 27, 1982
    ...element of the offense which leaves the accused unaware of the nature and cause of the charge cannot be waived. Crews v. State, 374 So.2d 436, 442-43 (Ala.Cr.App.1979); Andrews v. State, 344 So.2d 533, 534-35 (Ala.Cr.App.), cert. denied, 344 So.2d 538 (Ala.1977). Where an indictment is void......
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