Ryder v. State, 2004 OK CR 2 (Okla. Cr. App. 1/13/2004)
| Citation | ___ P.3d ___,2004 OK CR 2 |
| Decision Date | 13 January 2004 |
| Docket Number | Case No. D-2000-886. |
| Court | Nebraska Court of Appeals |
| Parties | JAMES CHANDLER RYDER, Appellant v. STATE OF OKLAHOMA, Appellee. |
APPEARANCES AT TRIAL CRAIG CORGAN, WAYNA TYNER SAPULPA, OK, COUNSEL FOR APPELLANT AT TRIAL.
GLOYD MCCOY, OKLAHOMA CITY, OK, COUNSEL FOR APPELLANT AT THE RETROSPECTIVE COMPETENCY HEARING
KAYLN CHERIE FREE DISTRICT ATTORNEY RICHARD HULL ASSISTANT DISTRICT ATTORNEY MCALESTER, OK, COUNSEL FOR THE STATE AT TRIAL
CHRIS WILSON DISTRICT ATTORNEY MCALESTER, OK, COUNSEL FOR THE STATE AT THE RETROSPECTIVE COMPETENCY HEARING.
APPEARANCES ON APPEAL GLOYD L. MCCOY, OKLAHOMA CITY, OK, COUNSEL FOR APPELLANT
W.A. DREW EDMONDSON ATTORNEY GENERAL OF OKLAHOMA NANCY E. CONNALLY BRANT M. ELMORE ASSISTANT ATTORNEYS GENERAL OKLAHOMA CITY, OK, COUNSEL FOR THE STATE.
¶1 Appellant James Chandler Ryder was tried by jury and convicted of two counts of First Degree Murder (Count I) (21 O.S.1991, § 701.7), Case No. CF-99-147, in the DistrictCourtofPittsburgCounty. In Count I, the jury recommended a sentence of life imprisonment without parole. In Count II, the jury found the existence of two aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal.1
¶2 During the latter part of 1998, Appellant was hired by Sam and Daisy Hallum to take care of their home and horses while they were out of town. Appellant lived at the Hallum's residence for approximately 4-5 months, rent-free; in exchange for work he did around the place. During this time, Appellant told friends he was planning to go to the Yukon. Appellant stored his supplies for that trip at the Hallum's residence. These supplies included a trailer, tools, and survival and camping supplies. Prior to April 2, 1999, Appellant left Oklahoma. Upon his return to the state, Appellant sought to get his things from the Hallums. On April 2, 1999, Pittsburg County Sheriff's Deputy Arnold was dispatched to meet Appellant at Highway 9A and McAnally Road to do a "standby" at the Hallum residence. Appellant introduced himself as Mitch Ryder and told Deputy Arnold he had some personal belongings he needed to get from the Hallums.
¶3 Upon arrival at the Hallum residence, Deputy Arnold saw Sam Hallum by the gate. Arnold informed Hallum that he and Appellant were there to pick up some personal property that belonged to Appellant. Sam Hallum said he didn't know anything about it, that it was between his mother and Appellant. Deputy Arnold and Appellant proceeded to the house to talk to Daisy Hallum. When Arnold knocked on the door, Daisy answered. She greeted Arnold pleasantly but slammed the door in Appellant's face. Daisy Hallum told Deputy Arnold of her dislike for Appellant and said none of his property was there. She said the property was in storage and she would have it there the next day. Deputy Arnold and Appellant agreed to meet at the same time the next day to retrieve the property.
¶4 The following day, April 3, 1999, Deputy Arnold and Appellant returned to the Hallum residence. Daisy Hallum said she did not have Appellant's property at her home. She said it was in a storage building in Eufaula. She gave Arnold the key to the storage building and told him to give it to Appellant. Deputy Arnold gave the key to Appellant. Arnold offered to get a deputy in Eufaula to go with Appellant, but Appellant refused. Arnold told Appellant that if his property was not there, to contact him and they would go out and talk to Daisy again. Arnold did not see or hear from Appellant again.
¶5 At the storage building, Appellant found only two empty boxes. He returned to Cindy McCord's residence where he had been staying. He retrieved a shotgun and pistol from the garage. McCord did not see Appellant again until the next morning, April 4, when Appellant returned to her home. That afternoon, Appellant packed his personal belongings in his car and told McCord he was going to Atlanta.
¶6 On Monday, April 5, Sam and Daisy Hallum advised Deputy Arnold that someone had kicked in their front door. They said personal belongings were strewn all over the house but they did not find anything missing. When asked if they had any suspicions about the perpetrator, Sam said he thought it was "Mitch" (Appellant).
¶7 On Thursday, April 8, Cindy McCord saw Appellant in Eufaula. She was surprised to see him, believing he had gone to Atlanta. Appellant told her he had been at a motel for a few days because he had some things to think about and "what he could do." Appellant was dressed in camouflage and black military style boots. Appellant asked McCord if he could put a few of his belongings back in her garage. McCord agreed, and asked Appellant what he was up to. Appellant told her the less she knew the better.
¶8 When McCord returned home later that night she saw Appellant's car in her driveway. She also noticed a pile burning near the garage. Inside her home, she found Appellant sitting in a recliner, leaning forward with one elbow propped up and his hand in the air wrapped in a towel. On the floor next to him was a half empty bottle of whiskey. When she asked what had happened, Appellant said he had shot his finger while turkey hunting. Appellant asked McCord to cut his finger off. She refused, telling him he needed to go to the hospital. Appellant said he wasn't going to any hospital, that they would ask too many questions. Appellant repeatedly told McCord that if anyone asked about him, to say that she hadn't seen him since Sunday. McCord helped clean Appellant's injured finger and got him to bed. She had told him he needed to go back to Atlanta like he had said he was going to do. Once Appellant was in bed, she packed his belongings in his car. The next day she remembered she had not seen his guns anywhere. When she asked Appellant about the guns, he merely replied "what guns?" McCord also looked through the pile that had burned and found a piece of camouflage cloth. When she asked Appellant why he had burned his shirt, he said it had gotten too much blood on it. The morning of April 9, McCord left for work and told Appellant that if he were still at her home when she returned that evening, they would talk. McCord did not see Appellant again.
¶9 That same morning, McCord received a phone call from a friend who told her that Sam Hallum had been found dead that morning. McCord had an instant "gut feeling" that Appellant was involved. She called the Oklahoma State Bureau of Investigation (OSBI), but by the time the agents arrived at her home, Appellant was gone. He was later located in Georgia.
¶10 Shortly after 9:00 a.m. on April 9, Michael Newman, a neighbor of the Hallums, decided to go to the Hallum's residence to retrieve a welding machine. Upon pulling into the driveway, he noticed Sam Hallum laying face down in the front yard. Mr. Newman approached Sam and reached down to shake him awake. However, he noticed Sam was stiff and had blood dripping from him. When he realized Sam was dead, Mr. Newman immediately went to his home and called 911.
¶11 Officers from the Pittsburg County Sheriff's Office and the OSBI soon arrived. In addition to finding Sam Hallum dead in the front yard, they found blood and drag marks on the front porch and around the side of the house. Approximately 100 yards from the house, Daisy Hallum was found laying face down in a small depression. She was partially wrapped in a shower curtain.
¶12 The State's investigators and forensic experts testified that based upon the evidence at the crime scene, Daisy Hallum had been beaten in the living room of the house. She was then wrapped in a shower curtain and drug out of the house. The 70 year old woman had numerous lacerations and contusions on her head and face. Her nose and left cheekbone were broken and she had a skull fracture. Her hands were bruised and her fingers fractured and broken, with some fingers almost torn off. The experts called these types of wounds defensive wounds and said they indicated the victim had put her hands up to shield her face. Her cause of death was attributed to blunt force trauma to the head.
¶13 The experts testified that 38 year old Sam Hallum suffered multiple gunshot wounds. At least 12 large shotgun pellets were retrieved from his body. The gunshots penetrated his heart, lungs, stomach, liver, pancreas, spleen and left adrenal gland. The gunshot wounds indicated Sam was shot as he faced the house and was in the process of walking when he was struck. His cause of death was attributed to the gunshot wounds to the chest and abdomen.
¶14 The State charged Appellant with the first degree murders of both Sam and Daisy Hallum. Bills of Particular were filed in each case alleging the aggravating circumstances of "great risk of death" and "continuing threat." Additionally, the aggravator of "especially heinous, atrocious or cruel" was alleged as to Daisy's murder. At the close of the second stage evidence, the trial court sustained the defense demurs as to the two aggravators alleged as to Sam Hallum's murder. The jury was given the sentencing options of life imprisonment and life imprisonment without parole. The jury recommended a sentence of life imprisonment without parole. The trial court also sustained the defense demur to the aggravator of "especially heinous, atrocious or cruel" as to Daisy's murder. The trial court denied the defense demur as to the "continuing threat" aggravator. The jury was instructed as to the aggravators of "great risk of death to more than one person" and "continuing threat." The jury found the existence of both aggravators and recommended the sentence of death.
¶15 Appellant raises eleven (11) propositions of error in his appeal. These propositions will...
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