Crowe v. State

• Decision Date: 13 November 1984
• Docket Number: 6 Div. 394
• Parties: Coy Patrick CROWE v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 351

485 So.2d 351

Coy Patrick CROWE v. STATE.

6 Div. 394.

Court of Criminal Appeals of Alabama.

Nov. 13, 1984.

Rehearing Denied Jan. 8, 1985.

George W. Cameron, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Ed Carnes, Rivard Melson and William D. Little, Asst. Attys. Gen., for appellee.

TYSON, Judge.

Coy Patrick Crowe was indicted for the capital murder of one James Taylor, whom he shot with a pistol. Mr. Crowe, the appellant herein, was indicted pursuant to § 13A-5-40(a)(5), Code of Alabama 1975, for murder of a deputy sheriff while such deputy was on duty.

The jury returned a verdict of "guilty of capital murder as charged in the indictment," and, after a separate sentencing-phase hearing, the jury recommended that the appellant "be punished by life imprisonment." The trial court, after its separate sentencing hearing and determination of the aggravating and mitigating circumstances, ordered that the advisory verdict of the jury was not the proper sentence in Jerry Taylor testified that he was the brother of James Taylor, the deceased. He stated that the deceased's wife was the woman sitting at the prosecutor's table. He stated that he saw his brother on July 7, 1982, lying on the ground beside a marked patrol car. He stated that James Taylor was dead. He further stated that James Taylor was a Winston County Sheriff's Deputy and was in uniform when he observed him lying on the ground.

this cause, and sentenced the appellant to death by electrocution. ¹

Jack Gilliland testified that he was the chief deputy in the Winston County Sheriff's Department. He stated that the deceased was working the night shift at the time of the shooting. He stated that the appellant's brother, Billy Crowe, was in the Winston County Jail in early July, 1982, on a charge of capital murder. He further stated that the Winston County Jail is located in Double Springs, Alabama.

Gilliland testified that he lives approximately two blocks from the Winston County Jail. He was on call the night of July 6 and early morning July 7. He received a telephone call from Patty Alexander, the radio dispatcher, at 2:40 a.m. on July 7, 1982. As a result of this telephone call, he dressed, grabbed his gun, and drove to the jail. He circled the block around the jail and came upon Deputy Taylor. The door of Deputy Taylor's patrol car was open and Deputy Taylor was kneeling face down on the ground. Gilliland drove his car up beside Taylor's, opened his car door, leaned out and felt Taylor's neck. He stated that there was no pulse and Taylor appeared to have been shot. Gilliland then drove his car to the front steps of the jail, got out of the car and went inside the jail. He then turned the lights inside the jail off and "proceeded to call everybody, notify everybody, what had happened." (R. 496)

Gilliland stated that as he was exiting his car, a "green/beige colored Buick with a black vinyl top" drove past the courthouse. He stated that he saw this same automobile the next day in a wooded area approximately four miles west of Double Springs.

Patty Alexander testified that she was the radio dispatcher for the Winston County Sheriff's Department. She was working the night that Deputy Taylor was killed. She stated that the appellant's brother, Billy Crowe, was in the Winston County Jail that night.

Ms. Alexander testified that Deputy Taylor was on duty the night of July 6 and early morning July 7, 1982. Deputy Taylor was sitting in his patrol car outside the jail. She could see him through a window in the courthouse. He was approximately thirty-five feet away. She stated that Deputy Taylor had been in her office shortly before he was shot. About fifteen minutes after Taylor went outside, she heard a car door slam. She went to the front door and looked outside. She saw a dark haired man about six feet tall with a medium blue shirt on run to a stop. This man had a pistol in his hand and fired the pistol toward Deputy Taylor's patrol car. She heard three or four shots. She also saw a man with a white shirt on, running away. She stated that at this time she went and called Jerry Thorn, Jack Gilliland, and the Double Springs Police.

Bobby Lee Miller testified that he had been charged in this case. The trial court advised him of his right not to testify, but he chose to testify. He stated that on the weekend of July 3 and 4, 1982, he, the appellant, and some of the appellant's relatives spent the weekend camping on an island in Smith Lake. During the weekend the appellant asked him to help appellant break Billy Crowe out of the Winston County Jail. He told the appellant he would not help. On July 4, the group left the lake and went to the mobile home of appellant's uncle, Jimmy Dean Miller. While talking at the trailer, appellant again asked him to help break Billy Crowe out of jail, and again he declined to do so.

Miller testified that, when he again told the appellant he would not help with the Stanley Carr testified that he was an agent employed by the F.B.I. On December 11, 1982, he and his partner Gwin Hutfer, spotted the appellant at a Shoney's restaurant in Nashville, Tennessee. They ordered the appellant to stop but the appellant got in his car and attempted to escape. The agents shot the tires of appellant's car and he skidded to a stop in the parking lot. Appellant was arrested. About fifteen minutes after this, other F.B.I. agents arrived and the appellant was read his Miranda warnings. Appellant was placed in a car to be transported to the Nashville Jail. On the way to the jail appellant initiated a conversation by thanking them for not "blowing him away" and further indicated that someone else might have shot him instead of the car tires. Appellant then asked if he would be going back to Winston County and one of the agents responded, telling him that he would be going back "to stand trial for the charges he was arrested for." The appellant then stated that he was afraid to go back there "because he might be mistreated or even killed by the local authorities." One of the agents then made a comment to the effect that the officer in Winston County would have appreciated appellant not shooting him. The appellant responded that there was nothing he could do about that now, he could not bring him back. (R. 598)

jail break, appellant asked him to go to Morgan County and post bail for Billy Don Hass, who was in jail there. Appellant gave him $800 and Miller, along with one Janette Hanes, drove the appellant's white and tan Buick to Decatur and got Hass out of jail. This was on Monday, July 5, 1982. They drove back to Jimmy Dean Miller's mobile home. After they arrived at the mobile home, appellant asked Hass if he would help break Billy Crowe out of jail. Appellant told Hass his plan. Miller stated that there was no more talk about the jail break after that conversation. Everyone began playing cards and around 1:30 a.m., the appellant asked Hass if he was ready and they walked out the door. Miller stated that the appellant and Hass got in the appellant's car. He stated that the appellant had a pistol between his legs and Hass had a sawed-off shotgun. He stated that he did not see appellant and Hass again.

Gwin Hutfer testified that he was an F.B.I. agent and with Agent Carr when the appellant was captured in Nashville, Tennessee. He testified to the same facts as Carr did.

Jerry Thorn testified that he was a Winston County Sheriff's Deputy in July, 1982. He stated that James Taylor was working the night shift on July 6, 7, 1982. At approximately 2:30 a.m., July 7, 1982, he received a telephone call that Taylor was being fired on at the Sheriff's Department. He got dressed, grabbed a pistol and a shotgun, and proceeded to drive to the Sheriff's Department. When he arrived at the Sheriff's Department he could see Jack Gilliland standing in the doorway. Gilliland told him to go find Hobby Walker, a Double Springs policeman. He drove through town and found Walker's police car at Curley's Sanitation. He got out of his car and could see the trunk lid of Walker's police car shaking. He opened the trunk and Walker and Irving Gilbreath--the night watchman at Curley's Sanitation--got out. He stated that Walker gave him a description of the persons who locked them in the trunk and the vehicle they were driving. Walker stated that the vehicle was either a tan top with a light bottom or a dark top with a yellow bottom Buick automobile. Thorn then called the dispatcher and advised her to broadcast this information.

Anna McClain testified that the appellant was her husband's nephew. She sold the appellant a 1973 Buick automobile in June, 1982. She stated that she purchased the tag for this car at the appellant's request and had it registered in the name of George Hamilton, again at appellant's request.

She stated that on July 6, 1982, she and her husband went to Jimmy Dean Miller's residence. They arrived at approximately 11:15 p.m. She stated that when they arrived there were a number of people She stated that about an hour and one-half or two hours later, the appellant and Hass left in appellant's car. Everyone else stayed there playing cards.

present. She stated that Jimmy and Mabel Miller, a girl named Janette, Bobby Miller, Dorothy Herron, Jonathon Crowe, and Debbie Barber were in the residence. Appellant and Billy Don Hass were also there and were both asleep.

Earnest McClain testified that Anna McClain was his wife. His testimony was substantially the same as hers.

Janette Hanes testified that she went with Bobby Miller to get Billy Don Hass out of jail on Monday, July 5, 1982. They went in appellant's car, a white Buick. They took Hass back to Jimmy Dean Miller's then left later that day. She stated that she and Bobby Miller returned to Jimmy Dean Miller's on Tuesday. She stated that everyone was playing cards except the appellant and Hass. She further stated that at approximately one a.m. the appellant and...