Curry v. State

• Decision Date: 28 October 1986
• Docket Number: 8 Div. 456
• Citation: 502 So.2d 836
• Parties: Walter Glenn Bud CURRY, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 836

502 So.2d 836

Walter Glenn Bud CURRY, alias v. STATE.

8 Div. 456.

Court of Criminal Appeals of Alabama.

Oct. 28, 1986.

Rehearing Denied Nov. 25, 1986.

Certiorari Denied Feb. 20, 1987

Alabama Supreme Court 86-357.

James H. Stansel of Stansel & Bolling, Muscle Shoals, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Spec. Asst. Atty. Gen., for appellee.

TYSON, Judge.

Walter Glenn Bud Curry, alias, was indicted for the murder of Daniel Hughes in violation of § 13A-6-2, Code of Alabama 1975. The jury found the appellant "guilty of the offense of murder as charged in the indictment." Following a sentencing hearing and review of a pre-sentence investigation report on the appellant, he was sentenced to life imprisonment without parole and fined the sum of $10,000.

Millard Conley, a Tuscumbia City Police Officer, testified that, during the course of his investigation of the disappearance of David Hughes, he spoke with a witness named David Geise. During this interview on August 19, 1985, Geise told Conley one version of the incident involving this appellant and then changed his statement concerning the incident.

Following the interview, Conley went to the area known as "Spring Creek Bottoms" where there was a sewer manhole. There he discovered two bones beside the sewer hole. He secured the area before leaving that night. The next morning Conley went back to the area accompanied by a Mr. Gale from the Forensic Sciences Department and a member of the Colbert County, Alabama Rescue Squad. The sewer, which was stopped up and overflowing at the time, was pumped out and Mr. Gale began removing some bones from the sewer.

The Spring Creek Bottoms area is located near the Northwest Alabama Junior College off of Highway 72, south of Tuscumbia, Alabama.

Conley testified that, upon examination of David Geise's car, he discovered a hole in the rear seat.

Conley spoke with David Geise on the 19th, the 20th and the 22nd of August, 1985. Two of Geise's statements were in written form. Both were obtained on the 19th of August. Conley also interviewed Mark Cougle, another witness in the case.

Larry Joe Rainey, a friend of David Hughes, testified that he and Hughes had met each other at Rainey's aunt's house at around seven o'clock a.m. on April 22, 1985. They went fishing for several hours. After they finished fishing they went to Jerry Lunceford's house, arriving there at approximately a quarter to four. When they arrived at Lunceford's, the appellant and David Geise were there as well as Diane and Debbie Michael and two children.

Rainey testified that this was the first time that he had met the appellant, David Geise, and the others. Rainey and Hughes had both consumed about four beers each before they arrived at Lunceford's. After everyone had been drinking whiskey for a while at Lunceford's, the appellant, Geise, and Hughes left to purchase more whiskey. Rainey waited for approximately an hour for the three to return. He was then picked up and taken home by his uncle. He went to Lunceford's house the next day. Hughes' car was still there so they took it to Hughes' mother's house.

Rainey testified that, while he was in their presence, there was some conflict between Hughes and the appellant. They were arguing about who was the "toughest". When the trio left around 4 o'clock to purchase the whiskey, Hughes was wearing white tennis shorts and a black sleeveless tee shirt. They left in David Geise's car.

Rainey was out of jail on the SIR program on the day in question. At the time of trial he had been convicted of at least four felonies and was in prison.

David Geise testified that he was living next door to the appellant's brother and parents on Monday, April 22, 1985. On that date, Geise had injured his back while at work, been treated by a doctor, and had then gone home.

Geise went next door to the appellant's brother's house. While he was there he and the appellant got into a fight during which Geise's glasses were broken. Geise then went home. Soon thereafter, the appellant came over to the Geise's house and asked Geise to take him to the liquor store. They left in Geise's yellow Capri automobile around two o'clock.

After purchasing the liquor, the appellant asked Geise to take him to Jerry Lunceford's house. While they were there David Hughes arrived with a boy who was crippled. Geise stayed at Lunceford's house approximately one hour. During that time everyone was drinking whiskey and the appellant and Hughes were discussing a "tough man contest" and "the service". Hughes, Geise and the appellant then left for the package store in Geise's Capri automobile.

When they left, the appellant was sitting on the passenger's side of the automobile; Geise was driving the car and Hughes was sitting in the back seat behind Geise on the driver's side.

During the drive to the liquor store the appellant and Hughes were arguing about "who was the biggest and who was the baddest". When they arrived at the liquor store, the appellant went in to purchase the liquor while the others stayed in the car. The appellant purchased another bottle of whiskey.

After the appellant returned to the car he told Geise to "ride around for a minute". Geise testified that he had planned on going back to Lunceford's house.

The conversation about "who was the biggest and who was the baddest" continued as Geise drove toward the area previously described as "Spring Creek Bottoms" as directed by the appellant. Hughes and the appellant indicated that they "would find out" who was the biggest and the baddest. When they arrived at the area previously described, the appellant said that he was going to kill Hughes. Geise tried to dissuade the appellant and then got out of the car.

While the appellant was still in the car with Hughes, he shot him with his own gun which was a .22 or .25 caliber pistol. Hughes and the appellant then both got out of the car and the appellant asked Geise for Geise's gun which was a .32 caliber and was under the seat of the car. Geise gave the appellant his gun and appellant then shot Hughes again with Geise's gun "about four or five times". The appellant told Geise that "if [he] said anything he'd get [him], too."

After the shooting incident, Geise and the appellant went back to the apartment. The appellant then returned the gun to Geise.

Geise went to his parents' house following his return. He stayed there for about 15 minutes, then went back to the apartment and lay down. Geise did not know where the appellant went. There was no one at the Geise's apartment when he returned.

Later, Geise's wife returned, and then approximately 30 minutes later the appellant came by and asked Geise to help him move Hughes' body. The appellant discussed this with Geise out of the presence of Geise's wife (just outside the front door).

Geise agreed to go with the appellant. Mark Cougle was with the appellant at the time. The three drove back to Spring Creek Bottoms in Cougle's car. When they arrived the body was lying on the ground and it was dark outside. While Cougle held a flashlight, the appellant and Geise moved the body into the manhole.

In August, 1985, Geise turned his gun over to Millard Conley.

Geise first spoke to the police on the night of the shooting. At that time Geise told them that they had dropped Hughes off at an underpass. The appellant instructed Geise to give this story following the shooting incident.

The next time that Geise was questioned by the police was approximately two weeks later. Geise gave the police the same version of the incident. He did not give the "true" version of the incident to the police until after his baby was born.

Geise did not mention placing the body in the manhole nor Mark Cougle's involvement until later sessions with the police because he was afraid the appellant would harm him or his family.

Mark Cougle, a friend of the appellant's brother, testified that he knew who the appellant and David Geise were prior to the day in question but did not know them well.

Cougle saw the appellant with David Geise on April 22, when they came to the appellant's house around 3 o'clock p.m. This was the first time that Cougle had seen either of them that day. Before they arrived he had been watching television there with the appellant's brother. Both Geise and the appellant had been drinking, but Geise was not as intoxicated as the appellant was at that time. The appellant and Geise began wrestling while they were there, during which time David Geise's glasses were broken. Geise then went home.

A few minutes later, the appellant went next door to apologize to Geise. Then the appellant came back and told Cougle that he and Geise were going to the liquor store. The two left the apartment at approximately four o'clock and returned approximately one hour later. At that time they appeared more intoxicated than before and Geise seemed "upset". Soon thereafter, Geise's wife returned home from work and Geise went home.

The appellant and his brother got into a fight during which the appellant threatened to kill him. While the appellant was distracted, Cougle and the appellant's brother held the appellant down and searched him. They removed his gun (a .22 caliber revolver). Cougle had traded this gun to the appellant three days before in exchange for a shotgun.

The appellant's brother left the apartment and Cougle had started to leave when the appellant stopped Cougle and "told [him] he wanted [him] to take him somewhere". Cougle said he would because he was afraid of the appellant.

The appellant then went to Geise's apartment and got Geise. The three drove in Cougle's car to a place where a body was located. Geise and the appellant put the body in a "drainage hole". Before they dropped the body down the hole the appellant took a wallet from the pocket of the deceased person and looked in it. There was no money in the wallet and the appellant ...