Dill v. Southern Farm Bureau Life Ins. Co., No. 1999-CA-01130-SCT.

• Decision Date: 25 January 2001
• Docket Number: No. 1999-CA-01130-SCT.
• Citation: 797 So.2d 858
• Parties: Bryan Ellis DILL v. SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY, Walter E. Moseley, Administrator of the Estate of Mary Elizabeth Moseley Dill and Taylor Elizabeth Dill.
• Court: Mississippi Supreme Court

797 So.2d 858

Bryan Ellis DILL v. SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY, Walter E. Moseley, Administrator of the Estate of Mary Elizabeth Moseley Dill and Taylor Elizabeth Dill.

No. 1999-CA-01130-SCT.

Supreme Court of Mississippi.

January 25, 2001.

Thomas L. Kesler, Columbus, Attorney for Appellant.

J. Tyson Graham, Columbus, Joseph Joshua Stevens Jr., Chicago, IL, Attorneys for Appellee.

EN BANC.

WALLER, Justice, for the Court:

¶ 1. This case arises from the Lowndes County Chancery Court's dismissal of Bryan Ellis Dill's claim to certain life insurance funds which had been interpled into the registry of the court. Southern Farm Bureau Life Insurance Company and Blue Bonnet Life Insurance Company interpled $213,000 in life insurance benefits arising from the death of the insured, Mary Elizabeth Dill ("Liz"). A third insurance company, AFLAC, having in effect a policy in the amount of $12,000, was later joined. Both the Estate of Liz Dill, and the Dills' minor daughter, Taylor, by and through her guardian ad litem, asserted that Bryan was not entitled to the life insurance proceeds because of his complicity in the death of Liz, his wife. The trial court found that Bryan had intentionally and wilfully killed Liz and was therefore precluded from sharing in the insurance proceeds. It then entered a final judgment under Rule 54(b) denying Bryan's claims. Bryan appeals and raises only one assignment of error: Did the Lowndes County Chancery Court erroneously apply the preponderance of the evidence quantum of proof? This case is apparently one of first impression in Mississippi as this Court has never definitively addressed the proper quantum of proof in a dispute over life insurance benefits.

STATEMENT OF THE FACTS

¶ 2. Bryan's involvement in Liz's death is based on circumstantial evidence and requires a full development of the facts surrounding this event. Liz disappeared from her home late in the evening of April 4, 1996, or in the early morning hours of April 5, 1996. Bryan reported Liz missing a little after 7:00 a.m. on April 5. On April 9, Liz's body was discovered in a wooded area in rural Lowndes County. She had been raped and murdered, and her body was partially mutilated. Two brothers, Darnell Baldwin and Clint Baldwin, have been convicted of Liz's capital murder. Darnell's conviction of capital murder and life sentence were affirmed by this Court on appeal. See Baldwin v. State, 757 So.2d 227 (Miss.2000). DNA evidence conclusively linked him as the person who raped Liz. Her murder was accomplished with one shot from a high velocity rifle to the back of the head. The mutilation, which occurred post mortem, included the removal of skin on the face, neck, and upper chest and the removal of the left breast, all achieved by the use of a sharp knife.

¶ 3. On the day before her disappearance, Liz had been treated at a hospital emergency room for severe back pain. She was having trouble walking; in fact, when the housekeeper and babysitter, Kelly Terrell, arrived at the Dills' home, Liz was crawling on the floor to get to the kitchen. When Terrell left the house late that afternoon around 4:30 or 5:00, the living room had not been picked up and the carpets had not been vacuumed. Terrell claimed that Bryan never cleaned; a witness who was Liz's friend and former roommate testified that Liz was a poor housekeeper.

¶ 4. On the day of her disappearance, Liz had returned to the hospital for more tests, and she was given a prescription for pain medication. Liz's mother was keeping Taylor so that Liz could rest.

¶ 5. Bryan had planned on attending a cook-out with a group of friends at a cabin about 15 minutes away known as "the Shack." When he left for the party that evening, Liz was on the couch and the doors to the house were locked. There were four keys to the house: Liz, Bryan, and Liz's mother each had a key, and there was a key hidden in the carport attic.

¶ 6. Bryan went to the Shack for a party attended by 12 to 15 friends. The Shack was frequently used as a party place by his friends who were often there several times a week. It was also used as a hunting cabin and hunting dogs were kept there. The Shack was rented from the Baldwin family, and the Baldwin brothers lived very close by. Patty Holliday, with whom Bryan was admittedly having an affair, was present. Apparently, the affair had been going on for years. Liz knew of the affair and was unhappy with Bryan about his relationship with Holliday and his failure to help in the rearing of their daughter. Holliday has been living with Bryan in the home owned by Liz since December of 1997.

¶ 7. Around midnight, the Baldwin brothers arrived at the Shack in Darnell's old Monte Carlo. The car had no mufflers and made a loud noise when it was in operation. Bryan spoke with the Baldwins and then they left. Bryan claimed that the Baldwins returned around four hours later. Holliday saw the Baldwins at the Shack around 2:30 a.m., they again spoke with Bryan for a few minutes, and the Baldwins' car returned around 4:00 a.m. Holliday also says that another party attendee, Jimmy Cash, spoke to the Baldwins at 4:00 a.m. Holliday and Bryan left the Shack in separate cars around 5:00 a.m.

¶ 8. Kelly Terrell arrived at the Dill home around 8:00 or 8:30 the morning that Liz's disappearance was reported. According to Terrell, the living room was picked up and the carpet had been vacuumed. Terrell also looked for the key that was usually hidden in the carport attic and noticed that it was missing. Bryan told Terrell that he would report the missing key to the police detectives.

¶ 9. Amanda Lemmons was also present at the Dill home that morning. She likewise stated that the house was neat and that Liz's purse and keys were on the couch. Amanda worked with Liz at Community Counseling. Liz trained Amanda and, about 3½ weeks before her death, Liz had telephoned Amanda to explain to her what life insurance policies were available by virtue of her employment at Community Counseling. Bryan was present when Liz made the telephone call. The Blue Bonnet Life Insurance Policy was purchased by Liz through her employment at Community Counseling. ¶ 10. Investigation of the home on the morning of Liz's reported disappearance showed no signs of forced entry. A .25 caliber handgun was the only thing missing from the home.

¶ 11. Bryan made several statements to police and friends concerning Liz's disappearance and murder. He also testified at the criminal trials of the Baldwin brothers and by video deposition in this case. Bryan told his mother-in-law that he had locked the door when he left for the party at the Shack on the night of April 5. He went back to get something and could not remember if he locked the door the second time he left.

¶ 12. Bryan told Officer Marc Miley that he had locked the door when he left but, upon returning, had knocked for Liz to let him into the house. When Miley first arrived to investigate the disappearance, Bryan told him that he feared that Liz had committed suicide because she had been upset about bad results from tests on her back. When Miley returned with a search crew around 9:40 a.m., he noted that the washer and dryer were in use. There was a .223 caliber rifle with a pistol grip, a high velocity weapon capable of causing the fatal gun shot wound, on the kitchen table. The gun was also spotted by Officer Rick Speed, the first police officer to arrive at the scene, at 7:21 a.m. The gun was breached, and there were cleaning items with it on the table. Officer Kevin Petri picked up the weapon, smelled the barrel, and reported that the weapon had been recently fired. Bryan said that he had fired the weapon that morning at a crow in the yard.

¶ 13. Bryan was adamant in his suspicion that a neighbor had taken Liz for the purpose of satanic rituals. The neighbor was investigated but was later dismissed as a suspect because the police determined that he was nothing more than a harmless eccentric.

¶ 14. A neighbor reported hearing a loud car in the Dills' driveway for over five minutes on the night of Liz's disappearance, but no neighbor testified to hearing gunfire.

¶ 15. Another neighbor, Carolyn Bogie, reported hearing a woman scream and an idling car on the hill in the area of the Dill house. She also heard male voices, and dismissed the racket as teenage vandals. Bogie testified that she relayed this information to Bryan and he responded with his belief that his eccentric neighbor was responsible. Bogie was upset by Bryan's allegations of satanic rituals and, fearful of Bryan, did not relate the conversation to the police.

¶ 16. The police interviewed Bryan on April 8. He reported that Liz had between $12,000 and $25,000 in life insurance, saying that her annual salary was more than the insurance proceeds and he therefore had no motive to kill her. Officer Mulligan informed Bryan that no life insurance proceeds would be paid until a body was found. The body was discovered the next day on April 9. Evidence revealed that the body had been transported to the location where it was discovered. In a subsequent interview on April 23, the police inventoried and took possession of Bryan's 24 guns. Bryan claimed he did not know how much life insurance Liz had.

¶ 17. On the day that the body was found, the police had been informed from interviews with the other party attendees that the Baldwins were at the Shack the night of Liz's disappearance and the Baldwin residence was about 15 minutes from where the body was found. Two officers went to the Baldwins' house to talk with them. Darnell was present, as was the Monte Carlo car. He was very nervous, and the officers became suspicious. The officers were out of radio and phone range and had to leave the house to request assistance. When they returned, Darnell and the Monte Carlo were gone. The car was reported stolen on April 17. It was found in August of 1996 in Alabama. The car was...