Gilson v. State

• Decision Date: 26 July 2000
• Docket Number: No. F-98-606.,F-98-606.
• Citation: 8 P.3d 883,2000 OK CR 14
• Parties: Donald Lee GILSON, Appellant, v. STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

8 P.3d 883

2000 OK CR 14

Donald Lee GILSON, Appellant, v. STATE of Oklahoma, Appellee.

No. F-98-606.

Court of Criminal Appeals of Oklahoma.

July 26, 2000.

Rehearing Denied August 29, 2000.

Rand C. Eddy, Kindanne C. Jones, Oklahoma City, OK, Counsel for Appellant at trial.

Tim Kuykendall, District Attorney, Richard Sitzman, Bonnie Clift, Assistant District Attorneys, Norman, OK, Counsel for the State at trial.

Matthew D. Haire, James H. Lockard, Timothy J. Gifford, Indigent Defense System, Norman, OK, Counsel for Appellant on appeal.

W.A. Drew Edmondson, Attorney General of Oklahoma, Jennifer B. Miller, Assistant Attorney General, Oklahoma City, OK, Counsel for the State on appeal.

OPINION

LUMPKIN, Vice Presiding Judge:

¶ 1 Appellant Donald Lee Gilson was tried by jury for First Degree Murder (21 O.S. 1991, § 701.7(C)), Case No. CF-96-245; five counts of Injury to a Minor Child (10 O.S.Supp.1995, § 7115), Case No. CF-96-256; Conspiracy to Unlawfully Remove a Dead Body (21 O.S.1991, § 421(A)(5)), (Count I) and Unlawful Removal of a Dead Body (21 O.S.1991, § 1161), (Count II), Case No. CF-96-247; in the District Court of Cleveland County. The jury returned guilty verdicts in all counts except for three counts of Injury to a Minor Child (Counts III, IV and V. in Case No. CF-96-256). As punishment for the non-capital offenses, the jury recommended life imprisonment and a fine of five thousand dollars ($5,000.00) for two counts of Injury to a Minor Child; ten (10) years imprisonment and a fine of five thousand dollars ($5,000.00) for Conspiracy to Remove a Dead Body; and five (5) years imprisonment and a fine of five thousand dollars ($5,000.00) for Unlawful Removal of a Dead Body. The trial court sentenced accordingly. During the second stage of trial, the jury found the existence of two (2) aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From these judgment and sentences Appellant has perfected this appeal.¹

¶ 2 On February 9, 1996, the skeletal remains of eight (8) year old Shane Coffman were found in an abandoned freezer located next to a mobile home formerly rented by his mother, Bertha Jean Coffman. A subsequent search of the mobile home revealed a photograph of Appellant. On February 11, 1996, authorities from the Cleveland County Sheriff's Office met with Appellant at his mobile home. Living in the mobile home with Appellant was Bertha Jean Coffman and her four children, twelve (12) year old Isaac, ten (10) year old Tia, eleven (11) year old Tranny and seven (7) year old Crystal. The children were immediately removed from the trailer and taken to Children's Hospital in Oklahoma City. Appellant and Bertha Jean Coffman were detained by the deputies.

¶ 3 Examinations of the children conducted in the emergency room revealed Tranny and Crystal were healthy with a few small scars on each. However, Isaac and Tia were malnourished and emaciated. Tia's feet were swollen and she had difficulty walking. She had gangrenous tissue on her right foot. On her right buttocks was a large open ulcer. Isaac was in the worst condition, emaciated and needing assistance to walk. He was malnourished and had several injuries, in various stages of healing, and scars throughout his body.

¶ 4 In their initial interview with police, Appellant and Coffman both denied any knowledge as to the manner in which Shane died. They stated he had run away from home during the early part of November and they had found him dead in the weeds near Coffman's trailer. They decided that putting him in the freezer would be the best thing to do. However, in subsequent interviews both Appellant and Coffman recanted this story and admitted to knowing more about the circumstances surrounding Shane's death. From interviews with Appellant, Coffman, the Coffman children and other witnesses, the following picture emerged.

¶ 5 The four Coffman children mentioned above, along with the murder victim in this case, and another brother, thirteen (13) year old Jeremy, lived with their mother Bertha Jean Coffman, in a mobile home. During the fall of 1994, the Cleveland County Sheriff's Department received complaints of sexual abuse committed upon one of the Coffman children by Coffman's then boyfriend (not Appellant). The investigating detective visited Coffman's mobile home and found the conditions deplorable and unsanitary. The children were removed from Coffman's home until conditions improved. It was about this time that Bertha Jean Coffman met Appellant. They were both working as janitors at Little Axe Schools. Appellant fixed up Coffman's trailer so she could get her children back. The children were subsequently returned to their mother.

¶ 6 Thereafter, Appellant began spending more and more time with Coffman and was given the authority to discipline the children. In June of 1995, the oldest child, Jeremy, ran away. The next month, Coffman and her children walked to Appellant's trailer for a visit and never returned to their home. Whatever possessions they had were left at Coffman's trailer. Appellant's trailer had only 2 bedrooms; Appellant and Coffman slept in one room and the other room contained Appellant's leather working material. As a result, all five children were forced to sleep on blankets in the living room. They were not permitted to go outside, but had to remain inside the trailer at all times. The children were taken out of school and claimed to be homeschooled by Coffman, although no evidence of homeschooling was ever found. The children were also not permitted to go to church.

¶ 7 Appellant and Coffman both disciplined the children. This discipline took several forms, including standing at the wall, sometimes for hours at a time, and beatings with a bamboo stick, a belt, boards, wooden rulers, metal ruler, and a bullwhip. The children were also made to sit in the bathtub, often for hours at a time. Food was withheld, particularly from Isaac and Tia, as punishment. The abuse inflicted upon Shane Coffman resulted in his death on August 17, 1995.

¶ 8 At trial, Tranny testified that he last saw his brother Shane sitting in the bathtub. Tranny said Shane had gotten in trouble for going to the bathroom on the living room carpet. He said that before Shane was put into the bathtub, Appellant beat him with a board. Tranny said Shane received several beatings with the board, all over his body. After the beating, Appellant put Shane into the bathtub. After a couple of hours, Shane was let out of the bathtub. He then got into trouble again. Tranny said Appellant and Coffman then took Shane outside the trailer. Tranny did not know what happened to Shane while he was outside, but he said he could hear Shane screaming. Appellant and Coffman carried Shane back inside the trailer. Tranny said Shane's arms were swollen, he was breathing "weird", and he had a soft spot on his head. Pursuant to Appellant's "house rules", the other children were not permitted to talk to Shane. Appellant then carried Shane to the bathroom and placed him in the bathtub. Tranny said he and the other children heard a few more screams and banging noises. He said both Appellant and Coffman were with Shane when they heard the screams. The children then decided to try and go to sleep. He said they were awakened some time later by Appellant and Coffman and told that Shane had run away, and that Appellant and Coffman were going to look for him.

¶ 9 Isaac testified Appellant first sent Shane to stand at the wall for wetting the bed. While he was standing at the wall, Appellant hit him with a board. Appellant and Coffman eventually took Shane to the bathroom and put him in the bathtub. Isaac said Appellant made all the other children go to the bathroom and tell Shane what a bad boy he was. He said that both Appellant and Coffman remained in the bathroom with Shane while the children watched television. He said they could hear Shane crying. Isaac further stated that later that night, Appellant and Coffman told them Shane had run away.

¶ 10 In a statement made to police shortly after his arrest, and admitted at trial as State's Exhibit 2, Appellant stated that on August 17, 1995, he had put Shane in the bathtub as punishment. Appellant said he was trying to teach Shane a lesson, so he spanked him and put him in the bathtub where he was to remain until he stopped the disruptive behavior. He said the water in the bathtub was initially warm to help the pain from the spanking, but then he changed it to a cold bath. Appellant said Shane was crying as Coffman talked to him about his behavior. He said he then laid down on the couch to watch television with the rest of the kids where he eventually fell asleep. Coffman was in and out of the bathroom talking to Shane before she went to the bedroom to lay down. A while later, Coffman came into the living room in tears and told Appellant to come to the bathroom. He said Coffman had taken Shane out of the bathtub and laid him on the floor. Shane's lips were blue and he was not breathing. Appellant said he performed CPR for approximately an hour to an hour and half. When his efforts were unsuccessful, Appellant took the comforter off of his bed, wrapped Shane up and placed him back in the bathtub.

¶ 11 Appellant said he and Coffman discussed what to do next. He said Coffman was worried that the Department of Human Services (hereinafter DHS) would take her kids away if the authorities found out Shane had died. So they left Shane in the bathtub, waiting until the other children had gone to sleep to remove him from the house. Appellant said they carried Shane outside and placed him in the back of a truck. He said they discussed "just dumping him somewhere" or "bury[ing] him out in the middle of the boonies." But they decided neither of those options were right and "even though he wasn't alive he would still be part of the family bein (sic) on her property, . . . thought about putting...