Roundtree v. State
| Decision Date | 03 October 1990 |
| Docket Number | No. 07-KA-59144,07-KA-59144 |
| Citation | 568 So.2d 1173 |
| Parties | Eula ROUNDTREE v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Alvin M. Binder, Wayne Milner, Binder Milner & Milner, Jackson, for appellant.
Mike C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.
Before DAN M. LEE, P.J., and PRATHER and SULLIVAN, JJ.
I. INTRODUCTION
This case involves an appeal by Eula Roundtree, who was convicted by a jury two years ago at the Hinds County Circuit Court for the murder of Clara Porter. Eula was sentenced to life imprisonment, and this Court affirms.
At trial, the defendant, Eula Roundtree, provided the following version of the facts.
In 1983, Eula met Sgt. Cleon Butler of the Jackson Police Department. They decided to marry in June 1983, but Cleon changed his mind and married another woman, Debra, in May, 1983. Almost immediately after Cleon and Debra married, Cleon assured Eula that he would divorce Debra and that they would eventually marry as previously planned. With this assurance in mind, Eula was persuaded by Cleon to spend a lot of money on him; for example, she bought him new tires for his automobile, a bedspread for his and Debra's marital home, as well as draperies and blinds. She even loaned him $1,500.
Cleon's assurance, Eula soon learned, was an insincere one. He did separate from Debra and divorce her after approximately one year of marriage. Cleon and Eula did re-commence their relationship. However, Eula discovered that Cleon was also seeing other women--including Clara Porter, who Eula warned to "stay away" from her fiance. Her warning was to no avail; Cleon and Clara continued to see one another. Meanwhile, Cleon would call Eula on numerous occasions and persuade her to come to his house and have sex. Sometimes, he would physically and mentally abuse her. For example, he would call her names, embarrass her in front of others, and beat her. On a few occasions, he threatened her with a knife or a gun.
Eula's emotional state worsened as Cleon's abusive nature and broken promises became a customary matter in her life. She cried constantly, couldn't eat, lost weight, and missed work often. She contemplated suicide and ultimately sought help from the Family Services and Mental Health Center--with which she made often-unkept appointments.
On March 10, 1987, Eula purchased a gun and ammunition. Nine days later, she went to Cleon's home and waited on the porch for him to return from work. Her plan was to commit suicide; instead, she fatally shot Clara Porter who showed up unexpectedly. Eula explained that she did not mean to shoot Clara; in fact, she doesn't really know what happened. The gun simply "went off two times in rapid succession" when Clara screamed in response to seeing Eula with a gun.
Eula claims she was "M'Naghten insane" at the time of the shooting and, that she should be found innocent as a consequence.
The prosecution disclosed during the trial that Eula first denied responsibility for the shooting. But Eula later confessed while being interviewed by investigators several days after the incident. (She had been advised of her Miranda rights, which she expressly waived.) The following is a transcript of her confession:
My name is Eula Roundtree and I am 31 years old. I went to College and have a degree. I can read and write. The following is my statement about my shooting Clara Porter.
Sometime Thursday night after dark, I went to Cleon Butler's house at 148 Iris Street. I went past Cleon's house for about three or four houses. I parked my car between two houses on the street. I walked back up to his house and waited by the front door. I waited about thirty minutes. I had my gun in my pocket. I was wearing a small [sic] purpose jacket with some pockets in it. I had the gun in the pocket of my jacket. I think I might have knocked on the door of the house but nobody came to the door so I just stood there and waited. I saw Clara's car come into the drive. She got out of the car and came up to the door. She started to open the door and I guess she heard me or something. I guess she was facing me. I don't know. I started shooting. I shot once. Clara screamed. I shot again. I didn't see her fall. I guess I closed my eyes. When I opened them, Clara was lying on the ground. I went over to see about her. She was breathing but I was scared to call anybody. I walked back to my car. I got in my car and went back up Northside Drive to 220. I went south on 220. After I got on 220, I threw the gun out the window into the median of the highway. I had loaded the gun with six bullets. I had loaded the gun just before I got out of the car at Cleon's house. When I threw the gun away, I threw away the box of bullets also. I had left the box of bullets in the car when I went to the house.
About a week or two weeks ago, I went to a pawn shop on McDowell Road and bought the gun. I just ask for a small gun. A black man waited on me. He sold me a small gun. It had a book with it. I took the book with me to K-Mart on 80 later and bought some bullets for it. The gun was black. I bought the gun to shoot myself. I read the book and loaded the gun while I was sitting in the parking lot at my apts. while I waited on my car to warm up.
Q. Who did you go to Cleon's house to shoot?
A. I don't know who I was going to shoot but I was going to shoot somebody.
Q. Why did you want to shoot somebody?
A. Because I felt so bad. I felt like Cleon had used me and then he didn't want me no more.
Q. Did you think that Cleon or Clara might be there when you got there?
A. Yea, I knew somebody would be there sooner or later.
Q. Did you give the above statement of your own free will, without any promises, threats or coercion of any kind being used against you?
A. Yes.
Q. Is the above statement true and correct to the best of your knowledge?
A. Yes.
Witnesses: s/P.S. Knowles
Witnesses: s/J.W. Monrow
Signed: Eula RT
The prosecution contended that, at the time of the shooting, Eula was cognizant of the criminality of her act, knew the difference between right and wrong, and should be held fully responsible.
The following is a summary of the testimony provided by the witnesses.
Eula's purchase of the gun used to kill Clara was corroborated by Kenneth Johnson, co-owner of the pawnshop, who also provided investigators with: (1) a gun-purchaser's information form completed by Eula, and (2) a video recording of Eula purchasing the gun.
Fulton Porter testified that his mother, Clara, received numerous life-threatening phone calls from Eula over a lengthy period of time.
Dr. Rodrigo Galvez performed the autopsy on Clara and testified that Clara was shot twice--once in the chest and once in the head.
Cleon testified next. He denied ever making marriage proposals to Eula and denied abusing her or threatening her with a knife or gun. He admitted to having sexual encounters with Eula from 1983 to late 1986. He corroborated Fulton Porter's testimony and explained that he was sometimes present when Clara received numerous life-threatening phone calls from Eula. He also explained that, a few days after the murder, Eula called him and asked him to meet her at a specified McDonald's Restaurant. Cleon and another police sergeant met her inside the restaurant, where she was arrested after confessing that she "did it."
Dr. Robert M. Ritter, a board-certified psychiatrist testifying for the defense, examined Eula approximately 26 times after the shooting and testified as an expert witness for the defense. Specifically, Ritter testified that Eula suffered from depression and was suicidal as a consequence of being "jilted" by Cleon. He added that her depression probably "substantially impaired her capacity to appreciate the criminality of her conduct." However, Ritter noted that: "From an academic standpoint, ... she knew the difference between right and wrong." Moreover, he "emphasized that [he] didn't believe it [the criminality or consequences of her act] mattered to her." Vol. IV, at 376-79; see also id. at 369 (). All these admissions notwithstanding, Ritter contended that she should not be deemed responsible for her actions. Ritter testified outside the jury's presence, that his opinion was that Eula was M'Naghten insane. The trial judge prohibited Ritter from testifying, in the jury's presence, that Eula met the M'Naghten test.
Eula's father, mother, and sister testified next. Basically, they described Eula's emotional state as out of control. All three family members corroborated Eula's claim that she and Cleon discussed marriage. Friends of Eula testified about her "good" character.
Doc Thaggard, a Jackson police officer assigned to the Hinds County District Attorney's Office, testified that he and Assistant District Attorney Delaughter interviewed Dr. Ritter about Eula's state of mind. According to Thaggard, Ritter conceded during the interview that Eula did not suffer from "delusions." See STEDMAN"S MEDICAL DICTIONARY 373 (5th ed. 1982) ().
Billy Fox, a Jackson psychologist, examined Eula approximately one month after the shooting occurred and testified as an expert witness for the prosecution. Specifically, Fox testified that, at the time of the examination, Eula was not "psychotic"; however, he did make three "diagnostic impressions." These included: (1) dysthymia, which is a mood disorder (e.g., manic-depressive); (2) histrionic or hysterical personality; and (3) passive-aggressive personality. He additionally opined that Eula was not suffering from delusions. Fox contended there is a "reasonable probability" that, at the time of the shooting,...
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