Inzer v. State, 6 Div. 915

• Decision Date: 01 November 1983
• Docket Number: 6 Div. 915
• Citation: 447 So.2d 838
• Parties: James Alvin INZER, alias v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 838

447 So.2d 838

James Alvin INZER, alias v. STATE.

6 Div. 915.

Court of Criminal Appeals of Alabama.

Nov. 1, 1983.

Rehearing Denied Nov. 29, 1983.

Michael L. Chambers, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and R. David Christy, Asst. Atty. Gen., for appellee.

TYSON, Judge.

James Alvin Inzer was indicted on June 19, 1981, under a three count indictment charging this appellant with the capital offense of murder, when the killing was done for a pecuniary or other valuable consideration or pursuant to a contract or for hire. Alabama Code § 13-11-2(a)(7) (1975). After a three day trial, commencing on April 19, 1982, the jury found appellant guilty of the lesser included offense of murder. A sentencing hearing was held, at which time appellant was sentenced to life imprisonment. From that conviction he now appeals.

Around 9:00 p.m. on March 21, 1981, Trussville police officer Louis Johnson received a radio dispatch to proceed to the scene of a one vehicle accident on Interstate 59 about three miles north of Trussville. He observed a red colored truck resting against a tree in the median dividing the interstate. Johnson noticed the severe damage to the front of the truck and observed the driver, later identified as James Taylor. The victim had suffered massive head injuries. Johnson checked the victim for signs of life and found none. He secured the scene until the arrival of Alabama State Trooper Eugene Melton, to which he relinquished control.

Hoyt Taylor, brother of the victim, stated that he last saw the victim alive on March 17, 1981. On March 24 he saw his brother reposed at the funeral home. Taylor noted that his brother had been a postman for about ten years and owned a red Toyota pickup truck, a photograph of which he identified. He was married to Susan Taylor and had two children. He identified a photograph of her. Taylor stated that appellant was his and the victim's cousin. Appellant lived about one-quarter mile from the victim.

Alabama State Trooper Eugene Melton arrived on the scene of the apparent automobile accident around 9:30 p.m. He made a diagram of the scene, noting the distances of glass, debris, and skidmarks from the 138 mile post marker to the resting place of the truck. The diagram was introduced into evidence. Melton observed the appearance of the victim and did not detect the presence of alcohol in or around the truck or the victim.

On March 22, Dr. Charles Alexander performed an autopsy upon the body of the victim. Initially, Dr. Alexander was under the impression that the victim had been involved in an automobile accident. However, after having examined x-rays of the victim's head wound, the character of his examination changed to that of possible homicide. Dr. Alexander removed fifteen shotgun pellets from the victim's head injury and turned them over to Jefferson County deputy coroner Charles Robey. Dr. Alexander determined the cause of death to be a shotgun wound to the head.

Deputy Coroner Charles Robey participated in the investigation of the death of the victim and his autopsy. Robey had the victim's body transported to Cooper Green Hospital where he observed Dr. Alexander perform the autopsy. He received from Dr. Alexander the victim's clothing, glass fragments removed from the wound, a sample of head hair, and two envelopes containing shotgun pellets. He turned the pellets over to the Department of Forensic Sciences criminalist Lawden Yates.

On March 22, Alabama Bureau of Investigation investigator Marvin Roye became involved in the investigation of the victim's death. Initially, he inspected the victim's truck and removed numerous samples of green paint embedded into the damaged left side of the truck. He turned the samples over to Yates. On March 24, Roye returned to the site of the truck, took several more paint samples and turned them over to the Department of Forensic Sciences criminalist Wayne Burrow. Roye noted two indentions on the upper left hand side of the truck near the driver's seat.

After inspecting the truck, Roye traveled to Interstate 59 where the victim was found and searched the general area for additional evidence. Roye found some shotgun waddings on the side of the Interstate just prior to the area where the victim's truck had come to rest. They were turned over to Yates. On April 1, Roye returned to the scene and after re-examining the area, found a sawed-off pump shotgun between twenty-five to fifty feet past the point at which the victim's truck had come to rest. The shotgun was in a "jammed" condition when found. He delivered it on the same day to Yates.

Also on April 1, Roye participated in the arrest of co-conspirator Danny Ray Williams ¹ at Williams' Tarrant City residence. Seized at that time was Williams' automobile, a green Plymouth Valiant. He turned the vehicle over to Yates. Roye stated that co-conspirator Walter "Red" Hunt was also arrested on April 1. Roye saw both suspects that evening at the state trooper's headquarters. Roye talked to Hunt and seized an address book from him. Several officers involved in the investigation examined the book, after which Roye turned it over to Trussville police investigator Don Emerson.

Criminalist Lawden Yates testified to his receipt and examination of several items of evidence gathered in the instant case. He did not test any of the paint samples received by him, but rather turned them over to Wayne Burrow. Yates did examine the victim's truck and Williams' car and found scratched and abraded areas on the left and right side of each vehicle, respectively. He could not determine, however, whether they were caused by the vehicles' impact into each other. Nevertheless, Yates noted that the marks on each vehicle were approximately the same distance from the ground.

Yates examined the wadding found near the scene and determined it to be consistent with that found in twelve gauge shotgun shells. The sawed-off shotgun was a twelve gauge shotgun containing two twelve gauge double 00 buckshot shells. It had an amount of green paint on the forestock which Yates removed and turned over to Burrow. Yates examined the wadding of one of the shells and found its wadding consistent with that found at the scene. The pellets removed from the victim were judged to be size single 0 gunshot or larger and could have been fired from the shotgun. Yates stated that the indentions located on the upper left hand side of the truck near the driver's seat were consistent with being produced by wadding material common to a twelve gauge shotgun shell.

Trace evidence analyst Wayne Burrow testified that he examined the several paint samples submitted with paint he had removed from Williams' car. He determined that the green paint found on the victim's truck and on the shotgun was the same as that on Williams' car.

Shortly after 8:00 p.m. on March 21, 1981, Jefferson County Deputy Sheriff Tommy Stewart was on patrol in the general vicinity of the instant killing when he received a radio dispatch to proceed to the scene of an unrelated automobile accident. The order was subsequently cancelled, but Stewart had proceeded to a convenience store on Swinney Hollow Road, located about two miles from Interstate 59 and three quarters of a mile from the victim's home. There he observed a green Plymouth Valiant which he mistook as belonging to a former college roommate. He pulled into the parking lot and parked alongside the driver's side of the car. There he observed two males whom he identified as Williams and Hunt. Stewart stated that Hunt was apparently the driver of the car and Williams was seated in the front passenger's seat. Upon discovering the mistake, Stewart left. About forty-five minutes to one hour later, Stewart heard a radio dispatch concerning the victim's apparent accident.

Joseph Bagwell testified that he and appellant had known each other for eight years and were both employed at Connor's Steel Company. From the first week of January, 1981, to the first week of February, 1981, Bagwell lived with appellant at his Pinson residence. During the previous months of October, November, and December, appellant had inquired of Bagwell as to whether he knew anyone "that would take a contract on somebody to have somebody killed." (R. 288) Bagwell replied that he "... really didn't know. You know, at the time I thought I knew somebody. It never did materialize." (R. 288) Appellant never mentioned the name of the person he wanted "to get rid of." (R. 289)

Approximately one month later, appellant asked Bagwell "if [he] had found anybody for him." (R. 289) Later, while living at appellant's home, appellant informed Bagwell that "he [had] found somebody to do the job for him." (R. 290) Appellant told Bagwell that he was going with his cousin's wife, Sue, whom Bagwell later met and determined to be the victim's wife, Susan Taylor, and that "he wanted to get rid of this guy, this girl's husband." (R. 290) Appellant stated that the Taylors lived a couple of blocks from his home.

During the middle of January, 1981, Mrs. Taylor came to appellant's house to see him. Bagwell answered the door and invited her in. Mrs. Taylor introduced herself and then proceeded to appellant's bedroom, where he was asleep. Mrs. Taylor awakened appellant and remained in the bedroom for a few minutes then, after kissing appellant, left. Bagwell stated that appellant and Mrs. Taylor "had an arrangement where she came over there every morning. She hadn't been coming while I was staying there." (R. 292)

On cross-examination, Bagwell admitted having a prior conviction for violating the Controlled Substances Act. Appellant attempted to illustrate inconsistencies in Bagwell's testimony and his previous statements made to the police.

Trussville police investigator Don Emerson testified that on April 1, he was present when Williams was arrested and later saw Williams and Hunt at the state trooper headquarters. Emerson received...