Ragsdale v. State

• Decision Date: 15 October 1992
• Docket Number: No. 72664,72664
• Citation: 609 So.2d 10
• Parties: Edward Eugene RAGSDALE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

Page 10

609 So.2d 10

Edward Eugene RAGSDALE, Appellant, v. STATE of Florida, Appellee.

No. 72664.

Supreme Court of Florida.

Oct. 15, 1992.

William G. Dayton, Dade City, for appellant.

Robert A. Butterworth, Atty. Gen. and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Edward Eugene Ragsdale appeals his convictions of first-degree murder and armed robbery and the trial court's imposition of the death penalty. We have jurisdiction ¹ and affirm Ragsdale's convictions and sentences, including the death sentence.

The relevant facts reflect that on the evening of January 1, 1986, Samuel Morris heard noises emanating from his neighbor Ernest Mace's mobile home. After hearing what he described as "slamming furniture," Morris went over to Mace's home and observed someone in the kitchen. Morris knocked on Mace's door several times and, eventually, two men ran out of the back of the mobile home. Morris gave chase to one of the men, but could not catch him. He returned to Mace's mobile home and found Ernest Mace badly beaten with his throat cut "from ear-to-ear." Morris asked Mace who his attackers had been, and, although unable to talk, Mace indicated by moving his head that he knew who his attackers had been. Morris testified that he asked Mace if it had been an individual named Mark, to which Mace responded with a negative motion. Emergency rescue workers arrived shortly thereafter, but Mace died enroute to the hospital.

Investigating law enforcement officers concluded from their preliminary investigation that Ragsdale, together with Leon Illig, was involved in the murder. They obtained a statement from Carl Florer, the husband of Ragsdale's cousin, that on the day following the murder Ragsdale told him that he had "cut the old man's throat." Bulletins were then sent out notifying law enforcement agencies that Ragsdale and Illig were sought in connection with a murder investigation.

On January 12, 1986, Ragsdale was arrested in Alabama on a fugitive warrant issued in 1985 when his parole officer reported that Ragsdale had left the state without permission. While processing Ragsdale's arrest, Alabama authorities discovered that he was wanted as a suspect in the Mace murder.

On January 16, 1986, a grand jury indicted Illig and Ragsdale for first-degree murder and armed robbery. Prior to Ragsdale's trial, Illig pleaded nolo contendere and received a sentence of life imprisonment. Shortly before Ragsdale's trial, the trial judge granted the State's motion in limine for an order directing the defense to make no attempt to inform the jury of Illig's conviction and sentence during voir dire and the guilt phase of the trial.

During the course of the trial, the victim's neighbor, Samuel Morris, testified as previously indicated. Carl Florer and Ragsdale's brother, Terry Ragsdale, testified that the appellant stated that he had hit the victim several times and then cut his throat. Terry Ragsdale testified that the appellant had said that the person killed was named Ernest Kendricks. Terry Ragsdale also identified a knife which the appellant had stated was the murder weapon.

Cindy LaFlamboy, Illig's girlfriend and roommate, stated that Ragsdale and Illig borrowed her car on the night of the murder in order to allegedly "collect some money" and stop by a liquor store. She testified that, approximately forty-five minutes later, Ragsdale returned to her home by himself. She stated that Ragsdale was in a very upset and nervous state. LaFlamboy testified that when Ragsdale arrived, he stated that "I hope that Leon didn't get caught." LaFlamboy testified that, when Illig returned, clad only in shorts, he and Ragsdale quarreled over "the need to kill that man." She also testified that she saw Ragsdale cleaning blood from a pocket knife in her kitchen sink. The following day, when news of the murder appeared in the newspaper, LaFlamboy took Illig to the bus station and then drove with Ragsdale to Alabama. LaFlamboy testified that, during their drive to Alabama, Ragsdale repeated that he had cut the victim's throat. On cross-examination, however, LaFlamboy testified that there were no bloodstains on Ragsdale's clothing.

The State presented two confessions obtained by investigators. The first confession was obtained by a sheriff's deputy sent to question Ragsdale while in custody in Alabama. Evidence was presented that Ragsdale, after being advised of his rights, admitted going to the victim's house with the intent to rob him. Ragsdale stated to the sheriff's deputy that he left Illig with the victim and, upon returning, found blood covering the floor. In this confession, Ragsdale stated that, after reentering the room, Illig declared that he had murdered the victim because the victim could have identified them. Finally, Ragsdale described fleeing the scene in LaFlamboy's car without Illig and eventually returning to her house, where Illig later arrived, scantily clad. Ragsdale also repeatedly declared that he had not been an active participant in the killing and described attempts by Illig's family to get their son out of the country.

In his second confession, Ragsdale admitted striking the victim and cutting him with a knife when he believed the victim was reaching for a gun. However, Ragsdale stated that, after he cut the victim, Illig took the knife from him, said, "Let me show you how it's done," and inflicted the fatal cut. In this confession, Ragsdale also admitted owning the murder weapon, robbing Mace, and giving Illig's girlfriend the stolen money.

After the State rested, defense counsel attempted to call Illig as a witness. Illig asserted his Fifth Amendment rights and refused to testify. The trial judge then denied a request by Ragsdale's counsel to allow Illig to plead the Fifth Amendment in the presence of the jury. The defense rested and the jury returned guilty verdicts against Ragsdale to all of the offenses charged.

During the penalty phase of the trial, the State again presented LaFlamboy, who testified that Illig was not acquainted with the victim and that Ragsdale had admitted killing the victim because he could identify Ragsdale. On cross-examination, LaFlamboy stated that she was Illig's fiancee and that she had helped Illig and Ragsdale leave the state. She also stated that Ragsdale had no blood on his clothing when he returned to her apartment on the night of the murder.

In mitigation, Ragsdale presented the testimony of his brother, who stated that he had known Ragsdale for almost thirty years, and that Ragsdale was a follower, not a violent person. Ragsdale's brother also stated on cross-examination that Ragsdale was a bully, became mean when on dope, and "could do anything if he was mad enough." He also noted that the victim was a family friend and thought that his brother's statement that he had cut the man's throat was false. He also testified that Ragsdale boasted a lot and that much of what he said was unreliable.

After commencing its deliberations, the jury asked the trial judge two questions. First, the jurors asked the judge whether it is "unjust--just to sentence the defendant to a greater sentence (death) than the accomplice, if based on the testimony heard by the jurors, the jurors believe that the defendant may have had a lesser part in the murder?" The trial judge, without objection, reread to the jury the following portion of the jury instructions:

Deciding a verdict is exclusively your job. That's true in this phase of the trial, as well as the earlier phase. I cannot participate in that decision in any way. In fact, you should please disregard, again, anything I may have said or done, at any time during either phase of this trial, that made you believe I preferred one verdict over another.

In its second question, the jury requested the legal definition of "nolo contendere."...