Lockett v. State, 8 Div. 357

• Decision Date: 09 December 1986
• Docket Number: 8 Div. 357
• Citation: 505 So.2d 1281
• Parties: George E. LOCKETT v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1281

505 So.2d 1281

George E. LOCKETT v. STATE.

8 Div. 357.

Court of Criminal Appeals of Alabama.

Dec. 9, 1986.

Rehearing Denied Jan. 13, 1987.

Certiorari Denied April 24, 1987

Alabama Supreme Court 86-562.

Mark McDaniel, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

The appellant, Lockett, was indicted for the offense of murder and was found guilty by a jury of the lesser offense of manslaughter. He was subsequently sentenced to ten years' imprisonment.

At trial, State's witness Henry Bradley, who had prior convictions for theft and armed robbery, testified, as follows: On the evening of August 22, 1984, he went with Raymond Jude (the victim) and Morris Askins to 2830C Turf Avenue to buy marijuana. He had been with Jude to this residence on several occasions to buy marijuana. When Jude and he went up to the designated apartment, Lockett came to the door. They told Lockett that they wanted to buy some marijuana. In response, Lockett said that he wanted only one person at a time to enter the apartment. So Jude went inside alone because he had the money. Only the screen door was closed behind him. While Jude was inside, Lawrence Davis and Ronny Townsend were on the porch and Askins was in the car. After Jude had been inside three to five minutes, he heard "a lot" of shooting and saw a lady run out of the house. After he looked through the screen door and into the house and saw Jude lying on the floor, he left with Askins to summon an ambulance. Although he saw Jude with no weapon or a sack, he did not know if Jude had a gun. Bradley finally testified that he did not have a weapon or a bag and that he never went into the apartment.

Lawrence Davis testified, as follows: As he approached the apartment where Lockett resided, which was located on Turf Avenue, between 8:30 p.m. and 9:00 p.m., he saw two people standing on the porch and right outside the door. One was Henry Bradley. He did not observe anything in either of the men's hands. The screen door was closed, but the main door was open. He tried to open the screen door, but it was locked. When he did so, he caught a glimpse of Jude. While standing on the porch with the other two men, he attempted to converse with them, but neither one said anything. Then, he heard five or six shots fired inside the house, and he ran to his car which was parked across the street. At this time, someone who was screaming ran out of the apartment. He saw Bradley and his companion still standing on the front porch, but before he could drive away, Bradley and his companion also ran from the porch. He went home and saw Lockett in his front yard. At Lockett's request, he took Lockett to the emergency room.

The prosecution also presented evidence that police officers arrived at the Turf Avenue address at approximately 9:00 p.m. As one officer entered the apartment, he observed that the glass window in the screen (storm) door was broken out, that the front door was open, and that the front door had a mark on the outer side where something had hit it with force. The back door was also open. The victim, who was already dead, was lying on the floor; he had a .22 revolver in his right hand. No one else was in the apartment. The officer also observed a "wad" of money on the floor on the right-hand side of the deceased; more than a hundred little, yellow coin envelopes near the body; two briefcases on the couch, one of which contained "greenish-brown plant leaflike material" and a little yellow envelope; approximately fifty manila envelopes on the same couch; and a box which was located three to four feet from the deceased and near the couch and which contained a plastic bag containing green, leafy material. The officers also observed, on the ironing board in the kitchen, some more money; a white powder substance on a piece of paper; a knife; an ashtray; and a noodle strainer. ¹ Identification belonging to Ellie Moore and Lockett was also found in the apartment.

From studying the scene, one investigator concluded that ten shots had been fired from Jude's weapon and the weapon used against Jude. Three of those ten bullets were recovered from Jude's body. The revolver taken from Jude's hand contained one live round and five spent rounds. In addition, there was evidence of a larger caliber weapon being fired into the front door and the bullet ricocheting into the storm glass door, thereby breaking the glass, and, also, being fired into the living room wall where the victim was found. A sawed-off 12-gauge shotgun was also recovered from the kitchen.

While investigating at the scene, Investigator Parker talked with a woman who was next-door. She identified herself as Jeanette Saxon. Upon inquiry, Jeanette stated that she did not know who lived in the apartment where the shooting occurred and that she had not been in the apartment. After Jeanette was taken to police headquarters, an elderly woman claiming to be her mother came to the back door of the apartment and stated that she wanted her daughter's wallet. The officers had found a lady's wallet on the floor near the back door.

While the investigation at the scene was in progress, Investigator Renfroe went to Huntsville Hospital at approximately 10:00 p.m. and talked to Lockett, who was in the emergency room. Renfroe asked Lockett what had happened; Lockett responded, "Don't you know?"; and Renfroe answered, "No." Lockett then stated the following: He had been shot during the commission of a robbery; that the person, who had tried to rob his girlfriend and him, shot him; that, after he shot back several times, he ran out the back door; that when he jumped the fence, he dropped his gun; and that he went to Lawrence Davis, who took him to the hospital. He also identified the victim as Raymond Jude. At some point during his visit, Renfroe talked with the treating physician, who stated that Lockett had been shot in his right side, but that he would be treated and released that night. Before leaving, Renfroe left uniformed officers to stand by Lockett. Investigator Parker, at 1:25 a.m., instructed one of these officers to transport Lockett to police headquarters when he was released.

After Lockett was taken to headquarters, Parker advised him of his Miranda rights at 2:20 a.m. After Lockett acknowledged that he understood each right and that he was not being threatened or promised anything, he stated that he wished to talk to Parker. Lockett first stated that he lived at 3015 Holmes Avenue, but that he sometimes stayed with his girlfriend, Ellie Moore, at 2830 Turf Avenue. Then, he gave the following rendition of events: He arrived at his girlfriend's house at approximately 8:00 p.m. and talked with Ellie and the baby; that, at approximately 8:00 p.m., his sister, Jeanette, arrived; that, while he was in the bathroom, he heard a knock on the door; that, when he came out of the bathroom, he saw Jude and Henry Bradley inside the apartment; that they advised him that they had some drugs to sell to him; that, later, Jude pulled a gun from the bag he was carrying, and he was able to get his gun from a kitchen cabinet; that Jude shot him, and he returned fire, emptying his gun; and that he then fled out the back door to Davis's house. Lockett further stated that both Jude and Bradley were armed and that he dropped his gun as he was going over the fence. He also admitted that he did not know what happened to Jude's or Bradley's sack after the shooting.

Some time after this conversation, Lockett was placed under arrest on a charge or charges not related to the instant offense; he was not charged with murder at this particular time.

Later in the morning, at approximately 8:00 a.m., Investigator Renfroe found a .38 caliber revolver in the backyard next door to the scene of the killing. The revolver's chamber contained five spent shells. Renfroe testified that the revolver was found approximately where Lockett said it was.

At approximately 10:00 a.m., Lockett was again advised of his Miranda rights and waived those rights. After Lockett made several telephone calls in an attempt to locate Ellie Moore, he gave another oral statement to Renfroe, which, as related by Renfroe, was as follows:

"He said that he was in the bathroom, he came out of the bathroom, when he came out of the bathroom there were two black males in the apartment, who he identified as Raymond Jude and Henry Bradley. He said that they had two sacks in their hands, and he said that they had some kind of property they were wanting to swap for dope. And he said at that point he started walking to the kitchen, which is located right off the living area, and he was standing in the doorway to the kitchen, living room when Raymond Jude pulled a gun from one of the bags.

"He said that he pointed the gun at him and fired it hitting Mr. Lockett, and at that point, Lockett first said that he got his gun from the top of the refrigerator, he later said that it was in his back pocket. He returned fire, he said he fired five times, he knows that he hit him once, but he didn't know if he hit him anymore times than that.

"He said at that point he took off running, ran out the back door, jumped the fence, lost his gun in the process, went to a guy by the name of Sarge's house, and he carried him to the hospital."

After this oral statement and at approximately 11:00 a.m., Investigator Parker entered and the three "basically ... went over the statement given." Then, Lockett wrote his statement, as follows:

"I arrived at Turf Street at seven o'clock, eats and go to the restroom, wash and change pants.

"Of course, I hear what's going on, but can't see and don't think I have to see everyone. Raymond Jude and Henry Bradley come to the door, Ellie don't know them and I don't myself know the third person standing in the background.

"They say have you got anything, I said, I am not holding and they le...