Law v. State, 607
| Citation | 318 A.2d 859,21 Md.App. 13 |
| Decision Date | 19 April 1974 |
| Docket Number | No. 607,607 |
| Parties | James Cecil LAW, Jr. v. STATE of Maryland. |
| Court | Court of Special Appeals of Maryland |
James L. Bundy, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., John C. Hancock, State's Atty., for Charles County, Arthur A. Marshall, Jr., State's Atty., for Prince George's County and Daniel Cassidy, Asst. State's Atty., for Prince George's County, on the brief, for appellee.
Argued before THOMPSON, MOORE and LOWE, JJ.
When James Cecil Law, Jr. purchased a thirty-nine dollar Mr. Law, a 32 year old black man, had recently married and moved to a predominantly white middle-class neighborhood. Within two weeks his home was broken into and a substantial amount of clothing and personal property was taken. The investigating officer testified that Mr. Law was highly agitated following the burglary and indicated that he would take the matter in his own hands. The officer quoted Mr. Law as saying: The officer went on to say that Law told him '. . . he knew somebody he could get a gun from in D.C. and he was going to kill the man and he was going take care of it.' Two days later he purchased a 12 gauge shotgun and several 'double ought' shells.
shotgun for 'house protection,' he could not possibly have conceived of the ordeal it would cause him to undergo.
The intruder entered the Law's home between 6:30 and 9:00 in the evening by breaking a windowpane in the kitchen door which opened onto a screened back porch. The intruder then apparently reached in and unlocked the door. Law later installed 'double locks' which required the use of a key both inside and outside. He replaced the glass in the door window in a temporary manner by holding it in place with a few pieces of molding, without using the customary glazing compound to seal it in.
One week after the break-in a well meaning neighbor saw a flickering light in the Law's otherwise darkened house and became suspicious. Aware of the previous burglary, he reported to the police that some one was breaking into the Laws' home. Although the hour was 8:00 p. m., Mr. Law and his bride had retired for the evening. When the police arrived, a fuse of circumstances ignited by fear exploded into a tragedy of errors.
The police did not report to or question the calling neighbor. Instead they went about routinely checking the house seeking the possible illegal point of entry. They raised storm windows where they could reach them and shook the inside windows to see if they were locked. They shined flashlights upon the windows out of reach, still seeking evidence of unlawful entry. Finding none, two officers Upstairs Mr. and Mrs. Law heard what sounded like attempts to enter their home. Keenly aware of the recent occurrence, Mr. Law went downstairs, obtained and loaded his newly acquired shotgun and, apparently facing the rear door of the house, listened for more sounds.
entered the back screened porch to check the back door, whereupon they saw the windowpane which appeared to have been temporarily put in place with a few pieces of molding. These officers apparently had not known of the repair or the cause of damage.
In the meantime, the uniformed officers found what they thought to be the point of entry of a burglar, and were examining the recently replaced glass. While Officer Adams held the flashlight on the recently replaced pane of glass, Officer Garrison removed the molding and the glass, laid them down and stated that he was going to reach in and unlock the door from the inside to see if entry could be gained. Officer Adams testified that they 'were talking in a tone a little lower than normal at this point.' Officer Adams stated that Officer Garrison then tested the inside lock, discovered it was a deadlock and decided no one could have gotten in the door without a key. A law enforcement student, riding with Officer Garrison that evening, testified that he then heard a rattling noise and someone saying 'if there was somebody here, he's still in there.' As Officer Garrison removed his hand from the window he was hit by a shotgun blast which Law fired through the door. Officer Garrison was dead on arrival at the hospital.
Officer Potts, the officer next to arrive at the scene, saw Officer Adams running to his car to call for reinforcements. He heard another shot and Officer Adams yell 'they just shot at me.'
The tragedy of errors had only begun. The officers, having obtained reinforcements and apparently believing they had cornered a burglar, subjected the house to a fusillade of gun fire evinced by over forty bullet holes in the bottom of the kitchen door and the police department transcription of a telephone conversation during the ensuing period of incomprehensible terror.
Mr. Law testified that while he stood listening to the sounds and voices at the door, fearful that someone was about to come in '. . . the gun went off, like that, and when it went off like that it scared me and I was so scared because I had never shot a shotgun before and then I heard a voice on the outside say that someone had been shot.' Mr. Law was not able to hear who had been shot but he then '. . . hollered up to my wife, call a police officer, I think I shot a burglar.' His wife called the police and most of her conversation was recorded. It is the most accurate portrayal of that which transpired and is repeated in totidem verbis:
'The portion of the transcription that follows involves the conversation between a female physically located within the crime scene, 6519 Medwick Road and LT SELLNER who was located in the Communications Division.
S-LT SELLNER V-MRS. LAW MALE VOICE-MR. LAW
S-Is he still downstaris?
V-I beg your pardon.
S-Hello, is he still downstairs?
V-who is this speaking?
S-Are they still shooting?
V-Hello, hello. They're shooting in my house at my husband.
S-It's your husband?
V-They're shooting at him. Tell them to stop.
S-Alright where is he? Downstairs?
V-Tell them to stop shooting.
S-Alright, just hang on a minute. Hang on a minute. (Sounds of sporadic gunfire)
Male Voice-Hey police, hey police. Hey stop shooten, please. Stop shooten
S-Hello lady, MRS. LAW, MRS. LAW.
V-Please tell them to stop shooting.
S-Alright, tell him to put his hands up over his head and come out the front door.
V-They keep shooting.
S-Tell him to put his hands up over his head and stop his shooting.
V-He's not shooting. They are shooting at him.
S-Alright, he's not shooting anymore?
Male Voice-Hey police, police, are you the police or not.
S-Alright, just hang loose a minute. Hang on there now.
Male Voice-Hey police, I'm coming out now. You hear me. Hey police you hear me. I'm coming out now.
V-OK
S-Hang on a minute.
Male-I'm coming out now. Can't you hear me? Hey police, don't you hear me?
S-Hey lady, MRS. LAW. Alright, MRS. LAW, we're going to stop the shooting over there. Tell the man, your husband, to put his hands up over his head and go out the front door.
V-Put your hands up over your head and go out the front door (Screaming) He's got to unlock the door, he's coming out. Please don't shoot him.
S-Alright, tell him to put his hands up over his head.
V-Hey, James, put your hands up over your head. OK, he's going to unlock the door, the front door was locked.
S-OK, Steve, tell them he's going to come out V-Just a minute, we're trying to find the keys.
the front door. Alright, he opened the front door, lady?
V-Please don't let them shoot him.
S-Alright, tell him to just unlock the fron door and they've stopped the shooting now, haven't they?
V-Screaming-James look in my pocketbook and get the keys to the front door.
S-Alright, you got the front door open?
V-He hasn't got it open yet. He's trying to find the key.
S-Is anybody in the house other than your husband?
V-I don't know, sir. I'm still upstaris. Hey James, look in my pocketbook. Officer, please.
S-Alright just tell him to do what I tell him to do. Put his hands up over his head and go out that front door. Is your husband the one who called the police or was the one who broke in or what?
V-James, put your hands up over your head and go out the front door.
S-Has he gone outside, ma'am?
V-No, he's still trying to get the keys. Please don't let them shoot him. He didn't bother nobody.
S-Alright just take and hold on there a minute. Then the cars outside have stopped shooting, right?
Male Voice-They're not police.
V-He says you're not the police. Are you a police?
S-Yes
V-He said they're not.
S-Who's not the police? Have you got the front door open?
V-Are you sure you're the police?
S-Has he got the front door open yet?
V-They're breaking in.
S-They're breaking in? Has he gone over to the front door yet? Hey, they're breaking in the door over there.
MALE VOICE-Hey police, police please don't kill me.
MALE VOICE-I don't knwo if you're the police.
S-Hello
S-MRS. LAW, MRS. LAW, MRS. LAW, Hello
MALE VOICE IN THE BACKGROUND-Yelling at the police
V-Hello, he's not armed.
S-Hello, MRS. LAW, has he got out the front door yet?
V-Just a minute. James go out the front door so nobody will hurt you.
MALE-How can I go out the front door when I can't find the keys?
V-The fron door is locked and he can't find the keys.
S-Alright, wait a minute. Can he go out the back door?
V-Just a minute. Can you go out the back door, James?
MALE-I support the police S-MRS. LAW, can he get out the back door? Alright, tell him to go out the back door.
V-James, he says go to the back door.
S-Alright he's going to go out the back door. He can't go out the front door because the front door is locked.
V-Don't fire.
S-He's coming out the back door. Alright, tell him to put his hands over his head and come to the back door. Come out...
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