Garrett v. State, F-77-788

• Decision Date: 01 November 1978
• Docket Number: No. F-77-788,F-77-788
• Citation: 586 P.2d 754
• Parties: Minerva GARRETT, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 754

586 P.2d 754

Minerva GARRETT, Appellant, v. The STATE of Oklahoma, Appellee.

No. F-77-788.

Court of Criminal Appeals of Oklahoma.

Nov. 1, 1978.

An appeal from the District Court, Seminole County; Rudolph Hargrave, judge.

Minerva Garrett, appellant, was convicted of the offense of Manslaughter in the First Degree; was sentenced to four (4) years' imprisonment, and appeals. AFFIRMED.

Marshall Huser, Wewoka, for appellant.

Larry Derryberry, Atty. Gen., Duane N. Rasmussen, Asst. Atty. Gen., for appellee.

OPINION

BRETT, Judge:

Appellant, Minerva Garrett, hereinafter referred to as defendant, was charged in the District Court, Seminole County, Case No. CRF-77-31, with the crime of Murder in the First Degree in violation of 21 O.S.1976 Supp. § 701.7. She was convicted of Manslaughter in the First Degree for the death of Missie Carpitcher and sentenced to four (4) years' imprisonment in the Oklahoma State penitentiary. From said judgment and sentence, the defendant brings this appeal.

The State's evidence showed that on December 31, 1976, about 9:00 p. m. the defendant announced her intention to her foster grandson that she was "going down there to kill Willett," her foster daughter. Her grandson did not take her seriously, although he said "she looked wild." The defendant walked from her house to the home of Missie Carpitcher, about four houses away, where Willett was. Upon the defendant's entering the house, an argument ensued and the defendant pulled a pistol from her purse. Defendant fired the pistol and Willett Garret was wounded. Aleck Carpitcher, the 20-year-old son of Missie Carpitcher, came forward from his back bedroom, and the defendant shot him, whereupon he lost consciousness. Hobbie Carpitcher, 23-year-old son of Missie Carpitcher, also came forward from a back bedroom and saw that Aleck and Willett were shot. He then heard the defendant say to his mother, "I been wantin' you a long time." The defendant shot Missie from a distance of about two feet. The defendant then turned and told Hobbie, "if you want some of this, I'll give you some of it." The defendant then pulled the trigger but the gun jammed. Missie shoved the defendant out the door where the gun fell free, and the defendant left.

Later that evening, Missie was driven to the Valley View Hospital at Ada, Oklahoma. After the police arrived on the scene, the gun was discovered in a ditch about 50 feet from the house. Robert Harjo, brother of Missie Carpitcher, gave the gun to Officer Ablah, of the Konawa Police Department. The pistol was a .32 caliber semiautomatic Colt. Missie Carpitcher told Officer Ablah that the defendant had shot her. Officer Ablah placed the defendant under arrest and read her the Miranda rights. He stated that the defendant said, "I tried to kill them. I hope they die." The police also discovered four spent shell casings and two .32 caliber bullets in Missie's house. The pistol and slugs were sent to the OSBI laboratory.

Tom Jordan, firearms and tool mark examiner with the OSBI, ran a ballistics test and found that the two slugs came from the .32 caliber Colt.

Dr. Gullett, of the Valley View Hospital at Ada, Oklahoma, testified that he performed emergency surgery on Missie Carpitcher on the evening of December 31, 1976. He testified that she had been shot in the abdomen. The bullet punctured the small and large intestines before exiting through her back. Missie appeared to be recovering normally until the day of her death on January 14, 1977, when she began to complain of chest pains. Dr. Gullett stated that she apparently died of a pulmonary embolus. He testified that a pulmonary embolus is often a postoperative occurrence. In his opinion, but for the bullet entering her body, her death would not have occurred under the circumstances in which death did occur.

The defense called Dr. Milton Vogt who stated that he had treated both the deceased and the defendant for heart problems. He and four other witnesses also testified to the good character of the defendant.

Willett Garrett, for the defense, testified that she was 15 years of age and had been having sexual intercourse with Aleck Carpitcher since she was 14. She testified that Aleck's family, including the deceased, were aware of this relationship. On the evening of December 31, 1976, she was at the deceased's house watching television and Hobbie and Aleck Carpitcher were sniffing paint. She stated that when the defendant arrived she looked like "she had gone berserk." Willett Garrett stated that during the argument the deceased slapped the defendant.

The defendant testified that she was 80 years old and had never had any children of her own, but had raised 12 children. She testified that she became aware that something wrong was happening between Willett and Aleck. She had gone twice to the District Attorney of Seminole County, Mr. Powell, to have it stopped but nothing was done. She denied saying she was going to kill Willett. The defendant identified the pistol as belonging to her and that she always...