Norman v. State, 42510
| Decision Date | 07 January 1986 |
| Docket Number | No. 42510,42510 |
| Citation | 338 S.E.2d 249,255 Ga. 313 |
| Parties | NORMAN v. STATE. |
| Court | Georgia Supreme Court |
R. Allen Hunt, Trinity Law Offices, P.C., Atlanta, for Walter Sam norman.
Lewis R. Slaton, Dist. Atty., Atlanta, Benjamin H. Oehlert III, Asst. Dist. Atty., Michael J. Bowers, Atty. Gen., Dennis R. Dunn, Staff Asst. Atty. Gen., for the State.
Walter Norman was convicted of murder, aggravated assault, and five counts of burglary. He was sentenced to life imprisonment for murder, plus additional consecutive terms for the other counts. 1 We affirm.
At 1 p.m. on Sunday, November 27, 1983, security guard Albert Haynes was monitoring surveillance cameras at the Peachtree Center complex, which consisted of the Gas Light Building, Harris Tower, Cain Tower and a shopping area, all interconnected. Haynes spotted a man dressed in jeans, jogging shoes, a ski jacket and a baseball cap on the second floor. He recognized the man as Walter Norman, a former security guard at the complex who had quit in August, 1983. While employed there, Norman had access to master keys to the complex and was known to carry a gun in an ankle holster while on duty.
At around 1:30 p.m., Nancy Aldrich was in a suite on the 9th floor of the Harris Tower when she heard someone unlock a door and enter. She later identified the man as Norman. According to Aldrich, the man said he was looking for a friend and then left at her request.
At 3 p.m., Robert Carnes observed a man, whom he identified as Norman, on the 29th floor of the Harris Tower and informed security guards. Later, security guards Matthew Hunnicutt and Ronald Stanton, both uniformed and unarmed, staked out the 15th floor of the Harris Tower. Stanton stood in the east stairwell while Hunnicutt waited in the west stairwell. Stanton looked into the corridor and saw a man he identified as Norman exit the elevator. The man was carrying a brown case. Stanton then said, "Walter, Walter, Walter, what are you doing?" The man turned and headed for the west stairwell. He then crouched, took a gun from an ankle holster and fired at Stanton. The man ran into the west stairwell, and Stanton heard several shots. Hunnicutt was soon discovered on the stairwell mortally wounded.
During the afternoon 18 businesses in the Peachtree Center complex had been burglarized. There was no sign of forced entry into the offices. Police later found two bank bags filled with money, a radio-tv, a watch case, calculators and brief cases on the 14th floor of the Harris Tower, along with a baseball cap and ankle holster.
Norman was arrested that day at his home in Fayetteville. Hand-swabbings and hair samples were taken from him. State Crime Laboratory experts testified that the residue on Norman's hands was at a high level and consistent with having fired a weapon that day. His hair's microscopic characteristics matched those of a hair found in the baseball cap. Additionally, the baseball cap had "Walter" written in the bill.
Police also obtained a search warrant for Norman's home authorizing a search for and seizure of a .32 or .38 caliber pistol. During the search, police seized five to six handguns, including one .38 caliber. They also seized several rounds of ammunition and a brief case with a number of articles contained in it. A photograph was taken of the bedroom area where the weapons were found.
Bullets recovered at the crime scene and taken from Hunnicutt's body were fired by a .38 caliber weapon. A police officer testified at trial that Norman owned at least two .38 caliber weapons, and one round of the ammunition found at Norman's house was of a type similar to the bullets that killed Hunnicutt.
At trial, Norman offered evidence to establish an alibi. David Freeman, a tenant at a house owned by Norman in Southeast Atlanta, testified that Norman had been at his home collecting rent at 12:48 p.m. on the day of the shooting. Norman also introduced into evidence a ticket to the Falcons-Packers football game scheduled at 4 p.m. that day, along with a baby bib he claims he purchased at a concession stand. An operator of the stand testified that she had sold out of the baby bibs by half time, which would have been around 5:30 p.m.
1. Norman contends that given the evidence of an alibi, the evidence...
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