Page v. State

• Decision Date: 07 January 1986
• Docket Number: 6 Div. 656
• Citation: 487 So.2d 999
• Parties: James Edward PAGE, alias James Page v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 999

487 So.2d 999

James Edward PAGE, alias James Page v. STATE.

6 Div. 656.

Court of Criminal Appeals of Alabama.

Jan. 7, 1986.

Rehearing Denied Feb. 12, 1986.

Certiorari Denied May 2, 1986

Alabama Supreme Court 85-585.

Greg Copeland of Hardeman, McClellan & Copeland, Cullman, for appellant.

Charles A. Graddick, Atty. Gen., and Alice Ann Boswell, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

Appellant, James Edward Page, was indicted for the intentional killing of Lindsey Wayne Bradley, "by shooting him with a shotgun," in violation of § 13A-6-2, Code of Alabama 1975. The jury found appellant "guilty of murder as charged in the indictment," and following a sentencing hearing, the trial judge sentenced him to imprisonment for life in the penitentiary.

The State's evidence showed that on April 11, 1984, at approximately 4:15 p.m., Rick Gaddy and appellant went to the home of Lindsey Wayne Bradley. Appellant had a shotgun in his vehicle and was armed with a pistol. Appellant's former wife, Cathy Ann Page, who was dating Bradley, was at the Bradley home. Her two young children were with her. The children were the issue of the marriage of Cathy Ann Page and appellant. Bradley was also present. Bradley invited appellant in. Appellant had a pistol in his back pocket, and Bradley told him to go out and put it in his vehicle. Appellant denied having a pistol in his pocket, whereupon Bradley grabbed the pistol through appellant's pants pocket and a scuffle ensued. Bradley produced his own pistol, pointed it at appellant's stomach and pushed him out of the house. Bradley told appellant "over and over" that he did not want any trouble, wanted appellant to leave, and did not want to kill him. Appellant and Gaddy left; however, as they were leaving, appellant pointed his finger at Bradley and said, "You are a dead man." He also pointed his finger at his former wife and said, "I will get you too, bitch."

After having dinner at Gaddy's house, appellant drove to the home of Ms. Gaynell Turner, which is located a short distance across a field from the home of Lindsey Wayne Bradley. He arrived at Ms. Turner's mobile home residence around 6:45 p.m., and asked Ms. Turner for permission to park his van-type vehicle in her driveway. She agreed. He said he had something to check on. He then left on foot, but returned in about 20 minutes. Upon returning, he leaned a double-barreled shotgun against the outside wall of the mobile home and entered. He stated to Ms. Turner, "Gaynell, you ain't saw nothing or heard nothing, that way you won't be getting involved." Appellant asked Ms. Turner's son-in-law, Randy Hann, who was present, to drive him home. Hann complied, but when they arrived at appellant's house, he asked Hann to take him back to his vehicle. Hann drove appellant back to his vehicle. Appellant put his shotgun in his vehicle, drove his vehicle across the road from the Turner residence, and parked it among some pine trees. By this time it was dark. During the trip with Hann, appellant stated, "He shouldn't have pulled a gun on me." A short time after appellant had parked his vehicle among the pines, Ms. Turner heard gunshots, and shortly afterwards heard someone running along the road. She then saw appellant's vehicle pull out of the pine trees and leave. She testified that about 20 minutes elapsed from the time appellant parked his vehicle in the pines until the vehicle left.

Shortly after dark that evening, Bradley, upon hearing his dogs bark, armed himself with a pistol and rifle and went out into the yard to investigate. Shortly after going out, Cathy Ann Page heard gunshots, and Bradley came running back inside and stated that he had been shot. He was bleeding from the chest area, nose, and mouth. He collapsed on the kitchen floor. He had been struck in the chest area by a single double-aught buckshot pellet. His rifle lay on the floor nearby. It had a live round in the chamber, and the hammer was back. A spent cartridge also lay on the floor, and Bradley had a loaded .38-caliber pistol on his person. He died shortly thereafter as a result of the wound received from the pellet.

The State introduced evidence of a man's bootprints making two separate round trips across the field between the mobile home of Ms. Turner and the residence of the victim, Bradley. There were no other bootprints or footprints in the field. The bootprints were apparently made the night of the shooting. One set of the bootprints led from the area of Ms. Turner's mobile home, and the other from the area of the pines across the road from the mobile home. The bootprints led to an area near the victim's residence where the grass and weeds were packed down in some bushes. Some bushes were cut at the top. A Vantage cigarette butt was found in the packed down area and a piece of shotgun wadding was found nearby. It was apparent that the grass and bushes had been mashed down and cut and the cigarette butt discarded the night of the shooting. A number of shotgun pellets had struck the side of the victim's house, a woodpile adjacent to the house, and the automobile of appellant's former wife, which was parked in the yard. A double-aught buckshot pellet was recovered from the woodpile. The distance from the mashed down area in the bushes to the victim's house was 142 feet, 7 1/2 inches. A firearms expert testified that a shotgun firing buckshot could kill a person in that range. A Vantage cigarette butt was also found in the vicinity of the pines where appellant had parked his vehicle.

Appellant consented to a search of his home and vehicle, and certain items were seized, which were introduced in evidence. Among these items were a derringer pistol, a double barreled shotgun, one pack of Vantage cigarettes, several cigarette butts, one pair of brown leather Wrangler boots, and two expended Winchester Super X twelve gauge magnum shotgun shells. One of the shells was found in appellant's pocket and the other in his van. Both shells had been fired from the right chamber of appellant's double barreled shotgun. The saliva on the cigarette butts found at the scene of the shooting and in appellant's home were examined and compared with saliva samples taken from appellant. The saliva found on all of the cigarette butts came from a person who is a Group A secretor. It was determined that appellant is a Group A secretor. The victim's shirt containing the pellet hole was introduced into evidence. It did not contain powder burns. This fact indicated that the fatal shot was fired from some distance away.

After calling several character witnesses, appellant called Guyward Wayne Miller as a witness. Miller had been a guest in the residence of the victim at the time of the shooting. Miller testified that shortly after dark on the day of the incident, Bradley's German Shepherd dog started barking, and Bradley got his rifle and went outside to investigate. Miller testified that he heard "two or three" shots. He said it seemed that one shot was nearby and two other shots followed some distance away. Shortly after he heard the shots, Bradley came into the house. He was carrying his rifle in his hand and was bleeding from his side.

Appellant testified in his own behalf. He admitted going to the victim's residence with Rick Gaddy on the afternoon of the incident. He testified that the victim pointed a pistol at him and forced him to leave. After leaving he had supper at Gaddy's residence, visited his uncle, had four or five beers, and drove to Ms. Turner's mobile home. He left his van in her driveway and went through the field to Bradley's home. He testified that he observed the Bradley house for about ten minutes and returned to Ms. Turner's mobile home. Randy Hann, Ms. Turner's son-in-law, drove him home at his request and brought him back. Appellant drove his van across the road from the mobile home, parked it among the pines, got his double barreled shotgun, and went back across the field to the Bradley house. From the place in the bushes where the grass was mashed down, he observed the Bradley residence for about fifteen minutes. He testified that the spot on which he was standing was not on Bradley's land. He stated that Bradley's dog began barking and running toward him; that Bradley came out of his house with his rifle and started running toward him; that Bradley was hollering over and over, "I will kill you, you son-of-a-bitch"; that he believed his life was in danger; that he thought he heard a shot and saw a flash; that he fired to the right of the "man" trying to stop him; that he never intended to kill him; and that the "man" and the dog kept coming and he fired another shot to the right of the "man", and turned and ran to his van. He said that he did not know that he had shot Bradley, and that after the second shot, Bradley turned and went back into his house. Appellant testified that he had only two shotgun shells; that he was scared; and that he could not have safely retreated. Appellant testified that if he had run back across the field "he could have easily picked me off." After reaching his van, he drove home. He put one of the empty shotgun shells in his van, one in his pocket, and put the shotgun in his pick-up truck. These items were seized by the officers and introduced into evidence by the State. Appellant further testified that Bradley was a professional gambler and raised and fought game roosters; that his two daughters, ages nine and seven, were in Bradley's house, and he was concerned about them being where there was gambling and drinking; that he took the shotgun with him because of the threat Bradley had made toward him previously that day by pointing a pistol at him; that Bradley had threatened to kill him on two previous occasions, and was known to carry a weapon. He admitted that he and Bradley had gone places together, including rooster fights, and had been good friends prior to his divorce. On cross-examination, appellant...