McCorvey v. State

• Decision Date: 24 August 1976
• Docket Number: 3 Div. 341
• Citation: 339 So.2d 1053
• Parties: Grover McCORVEY v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1053

339 So.2d 1053

Grover McCORVEY v. STATE.

3 Div. 341.

Court of Criminal Appeals of Alabama.

Aug. 24, 1976.

Rehearing Denied Oct. 5, 1976.

George W. Harris, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and C. Lawson Little, Asst. Atty. Gen., for the State.

DeCARLO, Judge.

This is another case growing out of the January 18, 1974 prison riot at the Atmore Prison in Escambia County. As a result of the assaults, and the killing of a correction officer, Luell Barrow, other inmates who participated in the so-called 'revolution,' have been tried and convicted.

Among the cases reviewed by this court, involving other inmates are: Harris v. State, Ala.Cr.App. (Jan. 20, 1976); Johnson v. State, 335 So.2d 663; and Heard v. State, 335 So.2d 679 (hereinafter referred to as Harris, Johnson and Heard.) Although the facts concerning this appellant's complicity in the stabbing death of the correction officer differ slightly from those in Harris and Johnson, they are almost the same. Only the pertinent facts will be outlined in an effort not to duplicate the facts already recited in Harris and Johnson. However, in order to maintain a coherent recapitulation, some facts must be repeated.

The scene of the murder was the prison segregation unit, which refers to that section of the prison compound set aside for inmates who break rules set down by the prison authorities.

It was during the riot that correction officer Luell Barrow was being held hostage by some rioting prisoners. Appellant was among that group.

Marion Harding, the warden at the Atmore State Prison, was the first State witness. On the day of the disturbance, Harding received a communication that two inmates and two guards had been taken hostage. He went to the segregation unit where the hostages were held and spoke with inmate Dobbins. The conversation took place in the lobby of the unit, through a secured opening in a door leading into the area containing the cells.

Dobbins told the warden that: ". . . the revolution is on.", and: "We are ready and willing to die but we are going to kill some of you pigs to start with." All of the inmates, the warden saw, were armed and inmates, Johnson, Moore and Dobbins beat on the window with knives. Johnson told the warden: ". . . we have already killed two people. We have killed some niggers and snitches, some house niggers and snitches and we are going to kill some of the mother f_ _ pigs before this is over with." At that point, Dobbins ordered they be brought up so the warden could see that they meant business. Two inmates were dragged in front of the opening on a blanket. Both were bloody and appeared to be dead. Subsequently, Officer Dreadin was brought to the front, his hands were tied behind his back and he was held at the collar by the appellant, Grover McCorvey. Officer Dreadin was asked by the inmates, if he believed they would kill him and he replied: "Yes, I do." Then Officer Dreadin was taken back to the cell block by appellant and Johnson.

When cardboard was placed over the window, the warden moved to another window where he saw Officer Dreadin sitting on a food cart surrounded by appellant, Heard and Dobbins, who had knives in their hands. An inmate called to Warden Harding: "Come on in. We are ready to die. We are going to kill some you mother f_ _ too." When Harding tried to talk, Dobbins ordered that, ". . . one of those mother f_ _ pigs . . ." be brought to the front so the warden could see they meant business. It was at this time the warden heard some scuffling and Officer Dreadin call out: "Come on in and get us, they have killed one of us and they are killing me now." At that point, Officer Dreadin appeared at the door and Johnson, Heard and Moore stabbed him. Guards were ordered into the unit and the riot was quelled.

Jewell Thomas, an inmate, testified that during the riot, Dobbins came into his cell and asked him whether he was with them or not. After Thomas asked, in what? Dobbins said: "kill these two bitches" referring to Officers Dreadin and Barrow. When Thomas replied, 'no way,' Dobbins stepped from the cell into the hall and called: "Give me five good brothers." Beasley, Wilson, Harris, Johnson and the appellant appeared and entered Thomas' cell. All were armed with knives and Dobbins ordered Thomas to get on his knees. When Thomas refused, Dobbins stabbed him in the arm and then the others began stabbing him. When Thomas fell to the floor, the group left the cell. Thomas stated that during the period the inmates were out of his cell, he saw appellant and Johnson pass his cell, carrying bloody knives. When they returned they rolled Thomas in a blanket and dragged him to the front, along with another inmate, on another blanket. When they reached the entrance, Dobbins told the warden: "here is two of your snitches."

When the disturbance was over, Thomas was taken to a hospital where he was told he had been stabbed twenty-two times.

Arthur Dreadin, the correction officer held hostage, along with Officer Barrow, testified that just prior to the disturbance, he and Officer Barrow had completed the feeding of side two of the unit when Harris brought some trays into the unit and bumped Officer Barrow. When Dreadin turned, Johnson appeared and placed a knife at his throat while Harris held a pick at Officer Barrow's back. The cell keys, along with the officer's belongings, were taken. All the cells were unlocked in the unit.

After being bound, the officers were taken to the lobby and placed on a food cart. The inmates told the officers they were going to cut their heads off and roll them down the hall, to show they meant business.

Dreadin stated that along with Harris and Johnson, Moore, Heard and the appellant were involved in taking them hostage.

When the officers were taken to the window where the warden was standing, appellant placed a knife at Officer Dreadin's throat and held him up to the window by his collar. Afterwards, the officers were taken into cell one, which contained inmates Heard and Dobbins. Subsequently, Johnson, Harris and the appellant came to the cell. Officer Dreadin was standing immediately in front of Officer Barrow when he heard him groan and saw him slump to the floor. At that point, Dreadin shouted: 'come and get us . . . 'They done killed Mr. Barrow and they (are) stabbing me. '' Dreadin ran from the cell to the front lobby. It was at this time that the warden led the guards into the hall.

After the riot, Dreadin was taken to a hospital where he remained for seven days. He had sustained twenty-six stab wounds, one of which collapsed his lung.

After a motion to exclude the State's evidence was overruled, the appellant called Claude Harris, an inmate confined in the segregation unit at the time of the disturbance. On the day in question, after being released from his cell, Harris walked to the lobby and heard Dobbins making a request for certain people to be brought to the prison. He then walked to the back of the segregation unit where he saw the defendant for the first time that day. When Harris started to return to the lobby, he heard the guards entering the unit.

Larry Shepherd, another inmate in the segregation unit, was the next witness called. On the day of the riot he saw the defendant in the back hallway standing on a wooden crate, looking out a window. Shepherd was in the back of the unit about five or ten minutes before the guards came into the segregation unit. He admitted dragging Jewell Thomas to the front lobby but stated he did not see the appellant. Shepherd saw inmates with clubs, spikes and knives, but did not see the appellant with any weapon.

James D. White, a correctional counselor, saw appellant just before the riot ended. White was at the back door of the segregation unit when he saw the defendant stick his head around a corner in response to his announcement for inmates to come to the back lobby if they wished to surrender.

Appellant testified that on the day of the disturbance, he was confined in the segregation unit and had been there for almost a year after refusing to work, due to the fact he was under a doctor's care. McCorvey was asleep when the riot started but the noise woke him. After standing in front of his cell for about five minutes, he went to the lobby where he...