Parker v. State

• Decision Date: 07 May 1998
• Docket Number: No. CR,CR
• Citation: 968 S.W.2d 592,333 Ark. 137
• Court: Arkansas Supreme Court
• Parties: Eddie Lavell PARKER, Appellant, v. STATE of Arkansas, Appellee. 97-1195.

Page 592

968 S.W.2d 592

333 Ark. 137

Eddie Lavell PARKER, Appellant, v. STATE of Arkansas, Appellee.

No. CR 97-1195.

Supreme Court of Arkansas.

May 7, 1998.

Mike Everett, Marked Tree, for Appellant.

Winston Bryant, Attorney General, Mac Golden, Assistant Attorney General, Little Rock, for Appellee.

CORBIN, Justice.

Appellant Eddie Lavell Parker appeals the judgment of the Craighead County Circuit Court convicting him of one count of capital murder and one count of first-degree murder and sentencing him to life imprisonment without parole. This court has jurisdiction pursuant to Ark. Sup.Ct. R. 1-2(a)(2). We find no error and affirm.

The record reflects the following facts. On December 14, 1996, at approximately 9:45 p.m., Jerome Pfeifer and Anthony Seaborn were shot while sitting in Pfeifer's 1984 Cadillac at the intersection of Hope and Patrick Streets in Jonesboro. A 911 call from 1000 Hope Street at 9:45 p.m. alerted the police to the shootings. A second caller reported the shootings from 304 Patrick Street. The Jonesboro Police Department dispatched Officer Jim Milam, who arrived at the scene of the crime immediately after the first 911 call to find Pfeifer's empty car where it had run upon the curb.

Pfeifer, who had been in the driver's seat, was shot once in the left side of his nose, once in his right wrist, and six times in his back and left shoulder. Robert Hurd, a bystander who knew Pfeifer, drove Pfeifer along with Pfeifer's friend, Freddie Trice, to the hospital in Hurd's car. Pfeifer was pronounced dead on arrival at the hospital. The Arkansas State Crime Laboratory determined that the cause of Pfeifer's death was multiple gunshot wounds, and that at least one of the bullets was inflicted at close range.

The second 911 call was made from 304 Patrick Street where Seaborn had collapsed in the yard in an attempt to walk away. Seaborn, who had been in the passenger seat of Pfeifer's car, received two gunshot wounds in his left leg and hip area, and two wounds in his lower left back area before exiting Pfeifer's car. Officer Milam found Seaborn and had him taken to St. Bernard's Hospital by ambulance. Seaborn died one week later. The State Crime Laboratory determined that the cause of Seaborn's death was also multiple gunshot wounds.

Appellant was arrested on December 16, 1996, two days after the shootings, and was subsequently charged with two counts of capital murder pursuant to Ark.Code Ann. § 5-10-101 (Supp.1995). The trial began on June 19, 1997.

Lieutenant B.J. Smith, of the Jonesboro Police Department, testified that Appellant became a suspect based on statements he took at the scene from bystanders and neighborhood residents who had observed the shootings. Lieutenant Smith recovered two .9mm shell casings, one jacketed bullet, and a .9mm round from the immediate and surrounding area. Lieutenant Smith testified that he arrested Appellant as Appellant and his brother Derrick Scales drove into the driveway of the apartments where Scales lived. Smith further testified that at the time of his arrest, Appellant was dressed in a long, dark, almost black coat and tennis shoes. Smith also testified that there was $7,783 cash in Scales's car at the time of the arrest.

Robert Lewis testified that Pfeifer and Seaborn, "or whatever his name was," told him that they had robbed Appellant's girlfriend Sylvia "Michelle" Gates, taking all of Appellant's drugs and some money. Lewis testified that he had been standing on the driver's side of Pfeifer's car with Anthony Trice, but that he had gone across the street at the time of the shootings. Lewis further testified that after hearing gunshots, he heard Anthony Trice call Appellant's name. Lewis also stated that after the shootings, he saw smoke and saw Seaborn hit the ground. Lewis testified that he saw a guy in a ski mask running away from the scene toward McDaniel Street.

Anthony Trice, who was talking with Pfeifer and standing by the driver's side of Pfeifer's car at the time of the shooting, identified Appellant as the shooter. Trice testified that he had known Appellant for about ten years and had seen Appellant earlier on the day of the shooting near Trice's aunt's house. Trice identified Appellant's Fila tennis shoes, which he saw Appellant wearing both times he saw Appellant on December 14, 1996. Trice described Appellant as wearing a black ski mask with eyeholes at the time of the shooting. Trice testified that Appellant walked up to the car where the victims were. Trice stated that he had turned around, heard shots, and turned back around to see Appellant "up in the car." Trice testified that he said, "[W]hat are you doing, Eddie?", and that Appellant looked at him and left. Trice testified that he was "real close" to the victims at the time they were shot, and that he saw Appellant run toward McDaniel Street immediately after shooting Pfeifer. Trice testified that he later saw Appellant when Trice went to help Seaborn. Trice further testified that he saw Appellant driving a brown, "raggedy-looking" Cadillac as it turned from Creath Street to the north on Patrick Street. Trice stated that Appellant did not have on the mask as he drove away, and that Appellant's hair looked wild. Trice stated that he knew the shooter was Appellant, because he had known him for a long time and he knew "the way he walked, he talked, and everything." Trice stated that he also observed Appellant's eyes through the holes of the ski mask. Trice further identified Appellant's clothing as the same clothing he had worn earlier on the day of the shootings. Trice testified that Appellant's brother, Derrick Scales, had offered a number of times to pay him $4,000 to change his testimony.

Freddie Trice, Anthony's cousin, testified that Appellant and Pfeifer had a conversation in his and Lindsay McCullough's presence at about three o'clock on the afternoon of December 14, 1996. Trice further testified that Appellant approached Pfeifer on Creath Street and asked him how he could get "10 ounces." Trice testified that Appellant said he would pay for the purchase "right now" if Pfeifer could deliver immediately. When Pfeifer responded that he could deliver, Appellant asked Pfeifer if Pfeifer would be taking his "home boys" with him (to get the drugs), referring to Freddie Trice and McCullough. Trice testified that when Pfeifer said that he would, Appellant stated that Pfeifer could "forget about it," and then left. Trice further testified that he, Pfeifer, and McCullough left in Pfeifer's car to go to the convention center near Arkansas State University and to buy gasoline for the car. Trice stated that when the three men returned to the neighborhood, they stopped to talk to Seaborn for awhile. Trice further stated that Seaborn later got into the car with Pfeifer, and that Trice left for his home on Creath Street to get his phone for McCullough and some food for Seaborn. Trice testified that when he returned with the food, Pfeifer and Seaborn had left in Pfeifer's car. Trice testified that he next heard gunshots, went back to his house, then ran back outside to help Pfeifer. Freddie Trice heard Anthony Trice "hollering." Freddie Trice testified that he held Pfeifer in his arms as Robert Hurd picked up the two men in his car and drove them to the hospital.

Nathaniel Anderson testified that on the day before the shootings, he and Appellant had a conversation at the corner of Fisher and Creath Street. Anderson testified that Appellant drove up in his blue Geo Metro, asking where "Mistro" was, referring to Pfeifer. Anderson further testified that he told Appellant he did not know, then Appellant told Anderson to tell Mistro "that I got him." When the State asked what that phrase implied to Anderson, Anderson indicated that it was a threat.

Janice Dollison testified that she had seen Appellant the day before the shootings occurred. Dollison further testified that she had heard Appellant threaten to kill someone at that time. Dollison testified that she saw Appellant on the night of December 14, 1996, at the corner of Hope and Baker Streets, approximately thirty minutes or an hour before the shootings. Dollison described Appellant as dressed in jeans and a jacket and identified the jacket he wore as similar to the black jacket shown to her by the prosecutor. Dollison stated that she later went down to the corner of Hope and Patrick Streets, where she saw Appellant wearing the same clothes as before and the ski mask. Dollison further stated that she had seen Pfeifer and Seaborn sitting inside the car and Appellant coming up Patrick Street towards Hope Street. She further testified that when Appellant got to Pfeifer's car, Appellant and Pfeifer exchanged words, then Appellant pulled a gun out of his pants. Dollison testified that after the shootings, Appellant put the gun back in his pants, went down the street toward McDaniel Street, and got into a car. Dollison further testified that both Derrick Scales and Appellant's uncle, Willie Tinsley, had threatened her to change her original statement, and that Scales had offered to pay her money to testify in Appellant's favor.

Kenny Ray Pickett testified that he was driving through the area on the night of December 14, 1996. Pickett further testified that he heard the gunshots and circled back around McDaniel Street. Pickett testified that he saw Appellant walking without the ski mask and getting into a vehicle. Pickett described Appellant as wearing dark clothing and identified Appellant's Fila shoes. Picket maintained that he knew Appellant and had no doubt that it was Appellant that he saw that night.

Appellant's defense was that he was at James Carter's house on the night of the shootings until about 10:00 p.m., before picking up Sylvia Gates at work. On cross-examination, Appellant maintained that Janice Dollison, Anthony Trice, Freddie Trice, Kenny Ray Pickett, and Nathaniel Anderson were all liars, but that he did...