Crumpton v. State

• Decision Date: 26 May 1981
• Docket Number: 1 Div. 127
• Citation: 402 So.2d 1081
• Parties: Claude J. CRUMPTON v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1081

402 So.2d 1081

Claude J. CRUMPTON v. STATE.

1 Div. 127.

Court of Criminal Appeals of Alabama.

May 26, 1981.

Rehearing Denied June 23, 1981.

Barry Hess and Daniel L. McCleave of Hess, Atchison & Stout, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Michael E. McMaken, Sp. Asst. Atty. Gen., for appellee.

DeCARLO, Judge.

Murder in the second degree; fifteen years.

Appellant was indicted for the January 9, 1979, unlawful killing of his wife by shooting her with a pistol. He pleaded not guilty to the charge and later amended his plea to not guilty by reason of insanity. The jury found appellant guilty of second degree murder and the trial court set sentence in accordance with the jury's verdict.

The evidence presented by the State showed the following:

Mrs. Fay Howell testified that appellant and his wife had been her next-door neighbors for eight years. She stated that approximately 1:30 P.M. on January 9, 1979, appellant "came running into my house and was, you know, real upset and said he had killed his baby and then he changed it. He said, 'Lou's killed herself. She said she didn't want to live any more. Come help me.' " Appellant told Mrs. Howell not to call his son because "he'll think I did it and he'll kill me."

On cross-examination, Mrs. Howell testified that appellant had a good reputation in the community, that he was truthful, hard-working, peaceful and law-abiding. Mrs. Howell was aware appellant and his wife were having domestic problems prior to the incident in question and that a divorce suit was pending.

Lane Winfield, a paramedic with the Prichard Fire Department, testified that he arrived at appellant's residence and found the deceased lying in the front yard on her stomach. Mr. Winfield stated that his examination of the deceased revealed no pulse or respiration.

John D. Powell of the Prichard Police Department testified that he went to appellant's residence on the date in question and observed the deceased lying in the yard and the appellant walking around wringing his hands saying, "My baby's been shot."

In response to Officer Powell's questions, appellant said that his wife, "had shot herself," and he led Officer Powell to the gun at the end of the kitchen table. Officer Powell stated that he did not see any blood or signs of a struggle near the gun. Appellant stated that his wife had the gun for protection. Appellant was placed under arrest and taken to the police station.

On cross-examination, Powell testified that he had known appellant for twenty years and that appellant had a good reputation in the community.

Detective Frank Dees of the Prichard Police Department testified that he received a .22 caliber pistol at the scene and took it, along with the deceased's clothing, to the toxicologist. Detective Dees stated that the pistol contained three or four spent shells and one or two live rounds. It was stipulated that Mrs. Crumpton's death was caused by a gunshot wound which entered her lung. It was further stipulated that the deceased was shot three times, twice in the arm and once in the back of the shoulder. The fatal bullet traveled through the deceased's arm and into her lungs.

Ms. Althea Lewis testified that she was friends with appellant and his wife and had known them for approximately ten years. Ms. Lewis recalled that in a conversation she had with appellant during the first part of January, 1979, appellant told her that he and his wife were going to have to go to court and he "didn't feel that it was right for him to have to move out and give up everything that he owned, you know, and worked for, and before he would do that, that he would kill Lou...."

On cross-examination, Ms. Lewis stated that when appellant said he would "kill her (Lou) first," it did not sound like him and she "didn't think he would do it."

Ms. Inez Crumpton, a sister of the deceased, testified that she was aware that the deceased had initiated a divorce proceeding against appellant. Ms. Crumpton stated that in a telephone conversation with appellant two or three months prior to the shooting, appellant told her the deceased "would die before he moved out of the house." Ms. Crumpton stated that she did not believe appellant at the time.

Detective J. R. Rigby of the Prichard Police Department, talked with appellant at the police station. Appellant was given his Miranda warnings and voluntarily signed a waiver and made a statement. In the statement appellant adhered to his story that the deceased "shot herself."

On cross-examination, Detective Rigby stated that he found appellant's house orderly. There did not "appear to have been any big fight going on in the place."

Richard D. Carter, a Firearms Examiner with the Department of Forensic Sciences, verified that the .22 caliber pistol recovered from the scene was the weapon that fired the fatal shot which struck the deceased. The deceased's robe, which contained three bullet holes, was also introduced. Mr. Carter said that in his opinion the revolver was fired from a distance of one-half inch, two inches and twelve inches, respectively, for the three gunshot wounds.

At the conclusion of Mr. Carter's testimony the State rested its case. The defense motion to exclude the State's evidence was denied and the defense presented its case.

Appellant testified in his own behalf that he and the deceased were married in June, 1960. He stated that the deceased had filed for a divorce in the latter part of 1978, and that he "didn't want one." Appellant stated that after the divorce proceedings were filed, he was of the impression "good progress" was being made towards a reconciliation. On the Saturday before the shooting appellant said that he and his wife "went out to a steak house and had supper and then we went clubbing until 2:00 o'clock in the morning." The following day he and the deceased went to his sister's house and "told her everything was going to be all right."

On the day of the shooting appellant testified that he got up around 11:00 A.M. The deceased had "gotten up around 7:00" A.M., left the house, and had come back about 11:30 A.M.

Appellant testified that while the deceased was fixing his lunch, she started an argument which lasted one and a half or two hours. The deceased told appellant, "I'm doing what I want to do. You always accused me of things so I'm just telling you I'm doing them now.... If you don't like it you can just kill me." Appellant stated that the deceased had been involved with several men during the last four or five years. "One time I caught her with one man, and, you know, actually caught her in there." Appellant testified that his wife's involvement with other men had been a constant source of friction between them. He stated that her past encounters were "all brought up" when the two were arguing. The last thing appellant remembered clearly before the shooting occurred was the deceased's telling him "it wasn't any of my business even if she decided she wanted to go with a nigger."

When questioned about his pending divorce from the deceased, appellant stated that his wife's filing for exclusive possession of their house "didn't make me mad, it just didn't help my feelings." Appellant testified that he could not remember telling Inez Crumpton he would have the deceased "dead" before she put him out of the house. Appellant also denied ever telling Althea Lewis he would "kill Lou before she makes me get out of that house."

However, appellant did testify that if he told Mrs. Howell, "I shot my baby, I killed my baby, Lou shot herself" then, "I said it." Appellant stated that he remembered very little about the incident, but did remember some people coming to the scene.

Appellant denied shooting the deceased. He said that he told "the truth" to Dr. Brown, a psychiatrist whom he consulted on the recommendation of his attorney after being charged with murder. He thought he told Dr. Brown that the deceased shot herself. "I don't remember if she shot herself, but I say she shot herself. I don't feel responsible."

Ms. Kay Phillips, appellant's sister, testified that she talked with the deceased on the Sunday night before she died and was of the opinion appellant and the deceased were getting back together. Ms. Phillips testified that appellant loved the deceased and was dependent on her.

Vincent P. Bitowf, appellant's former supervisor at the Alabama Shipbuilding and Dry Dock Company, testified that he knew appellant very well and "found him to be a very humble man, a hard working man." He stated that appellant had a good reputation and was truthful.

Daniel J. Maloney, also a co-worker of appellant, testified that he had known appellant at the Alabama Dry Dock since 1946, and that appellant's reputation was very good. Mr. Malone knew appellant to be truthful and "absolutely nonviolent."

Charles E. Gunter, appellant's immediate supervisor, testified that he had known appellant approximately thirty years. Mr. Gunter stated that appellant had a good reputation and was truthful.

Dr. Claude L. Brown testified that he saw appellant in his office twice after the shooting. Appellant told Dr. Brown that his marriage to the deceased had been a very mixed one in terms of gratification and frustration. The primary problems were brought on by the deceased's consistent infidelity over the years. Although appellant reproached the deceased concerning her behavior, he made no move to end their marriage. Four months prior to her death the deceased indicated that she was going to get a divorce. Appellant became extremely disturbed and increasingly unhappy at the thought of a divorce.

Dr. Brown stated that appellant gave him the following version of the shooting:

On the day of her death the deceased taunted appellant a great deal about seeing other men, living her own life and getting a divorce. Appellant felt hopeless and shot his wife with a .22 caliber pistol he had in his pocket. Immediately...