Jones v. State

• Decision Date: 20 October 1976
• Docket Number: No. F--75--302,F--75--302
• Citation: 1976 OK CR 261,555 P.2d 1061
• Parties: Oran LaRue JONES, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1061

555 P.2d 1061

Oran LaRue JONES, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--75--302.

Court of Criminal Appeals of Oklahoma.

Oct. 20, 1976.

An appeal from the District Court, Oklahoma County; Joe Cannon, judge.

Oran LaRue Jones was convicted for the offense of Murder in the First Degree; was sentenced to Death, and appeals. Judgment and Sentence MODIFIED to life imprisonment at hard labor, and as so modified, AFFIRMED.

Edward Goldman, Oklahoma City, for appellant.

Larry Derryberry, Atty. Gen., Michael W. Jackson, Asst. Atty. Gen., for appellee.

OPINION

BUSSEY, Judge.

Oran LaRue Jones, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF--74--2409, for the offense of Murder in the First Degree in violation of 21 O.S.Supp.1974, § 701.1. His punishment was fixed at death, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Glenda Bannister testified that on July 16, 1974, she was employed as a long distance operator by Southwestern Bell Telephone Company; that at 9:22 p.m. she received a call from a male person who stated that he had been shot at the Chief Motel. She immediately notified the police and the motel personnel next door to the Chief Motel.

Dr. A. Jay Chapman, Chief Medical Examiner for the State of Oklahoma, testified that he performed an autopsy on the deceased, Eelam Stanley, on July 17, 1974; that, in his opinion, Stanley died from a gunshot wound. The pellet entered the shoulder and angled downward approximately thirty-five to forty degrees, passing through the aorta and into the left lung. He identified Exhibit 12 as the bullet he removed from the left lung of the deceased.

Officer Gaylord Fisher testified that he was dispatched to the Chief Motel where he diagrammed and photographed the crime scene. He found the counter had been overturned and discovered two projectile fragments.

Officer Larry Andrews testified that he arrived at the motel at approximately 9:30 p.m. He observed Stanley lying on the floor holding a telephone receiver. He securred the scene, awaiting the arrival of follow-up investigators.

Christine Stanley, wife of deceased, testified that she last saw her husband at approximately 8:40 p.m. on July 16, 1974, at which time they were discussing some financial matters. Mr. Stanley removed $100.00 from his billfold and handed it to her, leaving him approximately $300.00. She testified that Mr. Stanley had additional money in his left rear pocket and approximately $500.00 in the office; that when she returned to the motel at 11:00 p.m., the money bags and money contained therein were missing from the motel office. The padlock had been removed from the cash drawer. She testified that she subsequently received $340.91 from the hospital personnel.

Officer William Tays testified that in his opinion the projectile (State's Exhibit 12) was a .22 caliber.

Vera Lynn Reed testified that on July 16, 1974, she lived with Jimmy Bishop at the Chief Motel. Earlier that day she made a date with Glenn Lawrence who was to arrive after Bishop left for work. Lawrence arrived some time after 8:30 p.m., and shortly thereafter defendant and Robert McAlister arrived at her room. They watched T.V. and visited. Defendant asked if he could talk to her in the bathroom. They went into the bathroom and defendant 'asked me why I was with Glenn I needed to be with him.' (Tr. 347) She refused his offer, and shortly thereafter defendant and McAlister departed. On cross-examination she admitted giving defendant's attorney a signed statement wherein she stated that defendant was not in her motel room on the evening in question. She further testified that she had not met defendant prior to July 16th and that she did not see any type firearm.

Glenn Lawrence testified that he arrived at the Chief Motel at approximately 8:30 p.m. on the evening in question; that while walking toward her room, he observed Robert McAlister and the defendant. They talked briefly and asked if they could go with him to the motel room. He visited with McAlister while defendant and Vera went into the bathroom. Defendant came out of the bathroom and asked McAlister if he was ready to go. They departed together. Later that evening he was placed under arrest.

Thomas Richardson testified that he had been acquainted with the defendant for some eight years and with McAlister for four years; that on the evening of July 16, 1974, defendant and McAlister were riding around in Richardson's automobile; that he stopped across the street from the Chief Motel to visit with Ralph Jones. McAlister said that he was going to the motel to use the telephone and defendant followed him. Approximately twenty minutes later he heard a scream and three gunshots. McAlister returned to the car breathing hard. Defendant followed immediately thereafter and stated that he had killed someone. He drove defendant, Ralph Jones and McAlister to Coltrane Road and let them out of the car. On cross-examination, he admitted that he had entered a plea of guilty to the offense of Theft Over Fifty Dollars and was awaiting sentencing. He testified that no promises were made in return for his testimony.

Robert McAlister testified that he had been acquainted with defendant for about five years; that on July 16, 1974, defendant came to his house and they played some pool. They went with Charles Brewster to the community center. Later that evening he and defendant went riding with Tommy Richardson. They observed Ralph Jones across the street from the Chief Motel and stopped to visit with him. McAlister went across the street to use the pay telephone. He was accompanied by the defendant when they observed Glenn Lawrence. They accompanied Lawrence to Vera Reed's motel room and stayed for a few minutes. He went into the motel office to get a bag of potato chips. Defendant entered the office behind him and stated in a loud voice, 'Freeze.' Defendant fired one shot and Stanley started running toward the door. Defendant and Stanley began wrestling and another shot was fired. He ran out of the door and back to the car. Defendant arrived shortly thereafter and stated that he had 'killed a man, shot a man.' (Tr. 476)

On cross-examination he testified that he lived with his parents and went to Douglass High School; that there had been no previous conversation about a robbery and that he did not see defendant with a gun until he observed it in the office. He admitted, on several occasions, that his testimony as to certain details was inconsistent with his testimony at prior hearings.

For the defense, Christopher Buttram testified that in July of 1974, he was employed as a supervisor of the Hamilton Courts Recreation Center. On July 16, 1974, the center was open between the hours of 5:00 and 10:00 p.m.

Sharon Norwood testified that she had received a telephone call from the defendant on July 15, 1974. They ate lunch and subsequently spent the night together. The following day defendant left her home at approximately 11:00 a.m. She did not see the defendant again until he returned that evening at approximately 10:00 p.m. Defendant stayed with her on July 17th and July 18th, and at no time did he mention a robbery or shooting. On the 18th day of July the police came to her place of employment and she accompanied them to her home where defendant was arrested.

Lillie Woody, Sharon Norwood's mother, testified that she went riding with the defendant and Sharon on July 17, 1974. At no time did defendant mention a robbery at the Chief Motel.

Melvin Franklin testified that on the evening of July 16, 1974, he attended a class reunion at a location across the street from the Chief Motel. As he was leaving at approximately 9:00 p.m., he heard what sounded like a gunshot. Immediately thereafter he observed three young men walking fast on Highland Street. They got into a car and took off faster than normal. The following day he read about the incident and contacted the Oklahoma City Police Department. He was never subsequently contacted by the Police Department concerning the incident.

Vernon Moore, the Assistant Principal of Douglass High School, testified that Robert McAlister was currently a student at the school.

Lee Daniels Starr testified that he observed the defendant one evening in July, 1974, playing pool at Hamilton Courts from approximately 7:00 p.m. until closing time at 10:00 p.m.

The defendant testified that he resided with his mother in Oklahoma City and he had been convicted of the offense of Grand Larceny in 1972. In July of 1974, he resided in Seattle, Washington. He took a vacation to come to Oklahoma City to visit his family. He arrived in Oklahoma City on July 14th, and stayed with his mother. The following evening he met Robert McAlister's mother, whom he had previously known from the 23rd Street Lounge. On July 16th he left Sharon Norwood's house at about 11:00 a.m. He subsequently went to Gwen McAlister's house to visit her. Robert answered the door and said his mother was not in, but would be back shortly. They went together to Hamilton Courts Recreation Center arriving around 5:00 p.m. They stayed at the center until it closed and then went back to Sharon's home where he spent the night. He testified that he did not rob or kill Eelam Stanley. He denied owning a .22 caliber gun. On cross-examination he testified that he did not ever have any .22 caliber bullets and denied that any shells were found on the chest of drawers in Sharon Norwood's bedroom.

In rebuttal, Officer Jim Woody testified that he assisted in the arrest of the defendant at a residence on N.E. 10th Street. Defendant was in a bedroom and pursuant to his arrest Officer Woody seized State's Exhibit No. 17, the bullets, from the top of a desk located in the bedroom.

In light of the United States Supreme Court's rulings on July 6, 1976, in Williams v. Oklahoma, ...