People v. Battle
| Decision Date | 07 September 1976 |
| Docket Number | Docket No. 24730 |
| Citation | 246 N.W.2d 389,71 Mich.App. 136 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Lee BATTLE a/k/a Bobby Drew, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Carl Ziemba, Detroit, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Patricia J. Boyle, Appellate Chief, Samuel C. Damren, Asst. Pros. Atty., for plaintiff-appellee.
Before J. H. GILLIS, P.J., and T. M. BURNS and VanVALKENBURG, * JJ.
A jury convicted the defendant of two counts of first-degree murder. M.C.L.A. § 750.316; M.S.A. § 28.548. Defendant was given two concurrent life sentences and appeals.
On May 31, 1974, the bodies of Shelly Frazier (Shelly) and Willie Freeman Caruthers (Freeman) were found in a Monroe County ditch. The bodies had various bindings about the head and neck, and each victim had been shot through the head. The body of Freeman was bruised in the wrist area.
It was the opinion of Donald Chappell, the police sergeant who conducted the initial investigation of the bodies, that these people were shot at a different location. This opinion was based upon the fact that there was virtually no blood in the area surrounding the dead bodies. An autopsy of these bodies revealed that the cause of death for each victim was a gunshot injury to the brain. The body of Shelly also contained several burn wounds. Further, the bruises in the wrist area of Freeman's body could have been caused by bindings.
The testimony elicited at trial indicated that the two victims, the defendant, and numerous other people attended a party in mid-May of 1974 at the residence of Sandy Henley (a/k/a Snake). Mr. Henley testified that the purpose of the party was to raise money in order to purchase a washing machine for his wife. During the course of the party, Henley discovered that $900 was missing from his residence. He threatened the guests with a gun and told them the money belonged to a dope dealer. Freeman accused the defendant of taking the money. The defendant denied this but left the party, returning later with approximately $700 which he turned over to Mr. Henley.
Deborah Griffith attended the party in question and gave the critical incriminating testimony. She testified that she was a prostitute who worked for the defendant. She knew the victims, Shelly and Freeman. Deborah testified that Shelly was one of defendant's women who went back and forth between defendant and Freeman. Deborah verified that at one point during the party Mr. Henley discovered that $900 was missing, and that the guests were held at gunpoint and not permitted to leave until the money was returned. Freeman accused the defendant of taking the money. Freeman, Snake, and two others searched the guests. Subsequently, the defendant was allowed to leave. After approximately one hour, he reutnred with a sum of money. Snake then allowed the guests to leave the premises.
The defendant left with Shelly, Deborah, and Ms. Frankie Davis (Frankie). Deborah testified that after leaving the party, the defendant stated, 'if they couldn't pay him back he was going to kill them'. Further, the defendant talked about getting a 'contract out on Freeman or Snake if he didn't get his money back'. Moreover, this was a frequent and recurring topic of conversation. At one point defendant said he 'got a contract out on Freeman and Shelly' and 'two' hit men were involved. Subsequently, Deborah saw Frankie and the defendant with two strange men. Frankie said the two were 'hit men'. The defendant also stated that the two men were 'hit men'. This occurred in Bobby's Record Shop, a store operated by the defendant.
Later, the time was fixed at approximately 2 p.m. a few days after Memorial Day, Deborah saw the two strange men accompany Shelly and Freeman into Bobby's Record Shop. The record shop then closed at approximately 2:30 p.m. and reopened at approximately 8 p.m. Deborah came to the shop and asked the defendant why he had closed. The defendant told her that 'somebody had been taken care of in there' and 'they were dead now, and that was it'. After Deborah learned of the two deaths via television, the defendant told her that if anyone should ask about the victims she 'didn't know anything'.
Two other people present at the party testified that the defendant made statements to the effect that he wanted to kill Freeman. Macarthur Henley, Snake's uncle, testified that the defendant stated to Snake, 'Let me kill him', referring to Freeman. The defendant said, 'I'll give you $1,000 if you let me kill him'. Octavia Kidd, another party guest, testified that the defendant told Snake he would give Snake $1,000 if he (Snake) would let the defendant kill Freeman.
Ms. Frankie Davis' testimony was generally favorable to the defendant and in parts contradicted the testimony of Deborah Griffith. Frankie testified that she had been a prostitute in the past but presently she worked for the defendant in his record shop. Furthermore, Frankie and Deborash lived together and occasionally the defendant would stay with them. Frankie, Deborah and the defendant spent a considerable amount of time together in Bobby's Record Shop. Frankie considered the defendant to be her 'fellow' but conceded that many ladies would probably 'claim' him.
Frankie knew the victims. She also attended the mid-May party, and generally corroborated the testimony of the other witnesses concerning the missing money and the fact that the defendant was accused of having taken that money. She, however, recalled that Snake was the one who singled out the defendant and made accusations. She did not recall that Freeman accused the defendant of taking any money during the party. Frankie further testified that she did not know of any reason why the defendant would want to kill Freeman or Shelly. Frankie never heard any conversation about 'hit men'. She never told Deborah that the defendant had hired 'hit men'. Moreover, she testified that the victims were never in Bobby's Record Shop together, although, Shelly had been in the shop sometime in May.
Finally, certain physical evidence provided a link between the victims and the defendant. Chesterence Cwiklik, a chemist employed with the Detroit Police Department, analyzed trace evidence taken from the basement of Bobby's Record Shop, the trunk of the defendant's car, and the victims' clothes. Ms. Cwiklik testified that in her opinion the bodies had been in the trunk of the defendant's car. This opinion was based upon the examination of various fibers and hairs found on the victims' clothes and found in the trunk of the defendant's car. Based upon a similar analysis, it was also this witness's opinion that the victims had been in the basement of Bobby's Record Shop. Furthermore, pieces of cloth bindings taken from Freeman's body matched--same distinctive pattern, fabric and weave--a wash cloth taken from the record shop. The bindings also contained yellow paint smears which matched paint smears found on gloves taken from the record shop. Finally, a piece of human tissue with hair attached was also discovered in the record shop basement. The defense was based upon the existence of reasonable doubt. Defense counsel argued that Deborah Griffith was not believable and that the physical evidence did not absolutely place the victims in Bobby's Record Shop or in the trunk of the defendant's car. The defendant also put on a witness, Mr. Alpha Jackson, who owned and operated a bump and paint shop. Mr. Jackson testified that he worked on the defendant's car for 7 or 8 days beginning the day after Memorial Day of 1974. Mr. Jackson stated he had custody of the car for the entire 7 to 8 day period. Hence, the defendant argued that his car could not have been used to transport the dead bodies.
The prosecutor's theory of the case was that the defendant planned to kill Freeman and Shelly due to a vengeful motive that intensified in the defendant's mind during the mid-May party. The defendant hired two unidentified men to carry out the killings in execution fashion. Ultimately Freeman and Shelly were murdered in the basement of the defendant's record shop, and the bodies were transported to a Monroe County ditch in the trunk of defendant's car.
Defendant first argues it was reversible error for the trial court to instruct the jury regarding an aiding and abetting theory when the information did not charge anyone else with the crime except the defendant. We disagree. Due to the abolition of the distinction between accessories and principals, 1 it is now sufficient to merely charge the defendant as a principal in the information. People v. Hooper, 50 Mich.App. 186, 212 N.W.2d 786 (1973), Lv. den., 391 Mich. 808 (1974), People v. Lamson, 44 Mich.App. 447, 205 N.W.2d 189 (1973), Lv. den., 389 Mich. 783 (1973).
Next, defendant argues that the evidence adduced at trial did not support an aiding and abetting theory. Hence, it was improper for the judge to give an aiding and abetting charge. Defendant relies on People v. Parks, 57 Mich.App. 738, 226 N.W.2d 710 (1975). However, that case merely held it is reversible error to give an aiding and abetting instruction where there is no evidence to support such a charge. See also People v. Ware, 12 Mich.App. 512, 163 N.W.2d 250 (1968). In Parks the prosecution argued that an aiding and abetting theory was proper due to the existence of other unidentified fingerprints on objects found at the scene of the breaking and entering and due to the fact that the defendant was accompanied by another person when he cashed a stolen check. However, the Court opined that such evidence did not establish the existence of a principal.
In the instant case there is evidence which points to the requisite concert of action necessary under the aiding and...
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