Sanford v. State

• Citation: 331 Ark. 334,962 S.W.2d 335
• Decision Date: 05 February 1998
• Docket Number: No. CR,CR
• Parties: Damond SANFORD, Appellant, v. STATE of Arkansas, Appellee. 96-908.
• Court: Arkansas Supreme Court

Page 335

962 S.W.2d 335

331 Ark. 334

Damond SANFORD, Appellant, v. STATE of Arkansas, Appellee.

No. CR 96-908.

Supreme Court of Arkansas.

Feb. 5, 1998.

William M. Howard, Jr., Pine Bluff, for Appellant.

Winston Bryant, Attorney General, Kent G. Holt, Assistant Attorney General, Little Rock, for Appellee.

IMBER, Justice.

A jury convicted Damond Sanford of capital murder, residential burglary, rape, and theft of property and sentenced him to death. On appeal, Sanford raises five arguments for reversal. We affirm.

On January 9, 1995, Ocie Gary received a telephone call from her close friend, Minnie Ward, around 9:30 in the morning. Ward was an eighty-five-year-old woman who lived alone in Eudora. During their conversation, Ward told Gary that she saw a boy walking across the field behind her house and approaching her back door. Ward told Gary that she would call her back after "I see what he going to say this time." That was the last time anyone ever spoke to Minnie Ward.

Around 8:30 p.m., Ward's slain body was discovered in the hallway by her back door. She had been shot twice and raped. The glass to the outer storm door had been shattered and there were three bullet holes in the screen. The inner, wooden door was locked and there were no signs of a forced entry. The police retrieved one .38 bullet from the door frame, and two .38 bullets from Ward's body. Ward's purse was found on the floor in her kitchen which was near the back door. Ricky Tolliver later testified that his mother typically hung her purse on the bedroom doorknob, and that she did not leave it on the floor.

The next day, January 10, 1995, Earlene McQuay, the defendant's sister, found a .44 Smith and Wesson handgun hidden in a paper bag on the top shelf of her closet. Ricky Tolliver later identified the gun as belonging to the victim. Tolliver explained that Ward kept the 100-year-old gun with her at all times, and that she even slept with it under her pillow and placed it in the chair beside her while she was awake. During the trial, David Palmer testified that he saw a gun in Sanford's coat pocket around 4:00 p.m. on the day of the murder.

After finding the gun in her closet, McQuay questioned Sanford, her sixteen-year-old brother, about the murder. Sanford admitted that he killed Ward, and then he threatened to kill McQuay, her boyfriend, and her children if she told anyone about the crime. McQuay later reported this information to the police. During a subsequent search, the police discovered a live .38 round hidden behind Sanford's headboard.

The following day, January 11, 1995, Sanford agreed to take a lie detector test. After signing a Miranda waiver form, Sanford made the following confession which was handwritten by Officer Howell:

Damond Sanford states that he went over to Minnie Ward's house around 10:00 or 11:00 and went in to burglarize the house. States that he knocked on the door. She came in. He saw a gun on the dresser. States he brought a gun to the house, a .380. When he made a step into the house, he started shooting. He opened the screen door. She opened the other door. He states that as soon as he walked in he started shooting. He states that he shot approximately three times. She had a gun in her hand and that's why I started shooting. She had a purse on her dresser. He grabbed the purse and got twenty-five dollars ($25.00) out of the purse. He states that he then ran out the door. He states that he thinks he shot her in the hand. He states that he threw the gun in the pond by his house after he left her house. He then went to his friend's and they went to Greenville. I am making this statement without any threats, rewards, or promises.

Officer Howell read the statement aloud to Sanford who made a few corrections before signing it. Officer Howell then asked Sanford about the rape, and Sanford made the following statement which was added to his signed confession:

And he states that after he shot her the first time, he had sex with her. Then he killed her.

Officer Howell read the added statement to Sanford, who verified its accuracy and signed the statement a second time. Based on this evidence, the jury found Sanford guilty of theft of property, residential burglary, rape, and capital murder.

I. Sufficiency of the Evidence

For his first argument on appeal, Sanford challenges the sufficiency of the evidence to support each of his convictions. As we have stated numerous times, the test for determining the sufficiency of the evidence is whether there is substantial evidence to support the verdict. Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997); Williams v. State, 329 Ark. 8, 946 S.W.2d 678 (1997). Substantial evidence is direct or circumstantial evidence that is forceful enough to compel a conclusion one way or another and which goes beyond mere speculation or conjecture. Green v. State, 330 Ark. 458, 956 S.W.2d 849 (1997); Burris, supra. In making this determination, we review the evidence in the light most favorable to the State, and consider evidence both properly and improperly admitted. Green, supra; Burris, supra.

A. Theft of Property

First, Sanford contends that there was insufficient evidence to support the theft conviction because the State failed to prove that he took any of the victim's property as required by Ark.Code Ann. § 5-36-103(a)(1) (Repl.1997). We conclude that Sanford's contention is contrary to the evidence adduced at trial for several reasons. First, Sanford admitted that he took twenty-five dollars from the victim's purse. Moreover, the victim's son, Ricky Tolliver, identified the .44 Smith and Wesson found in McQuay's apartment as belonging to his mother. Tolliver also explained that his mother did not usually keep her purse on the floor near the back door. Finally, David Palmer saw a gun in Sanford's coat pocket on the day of the murder. Because there was sufficient evidence that Sanford took money and a weapon from Ward's home, we affirm Sanford's theft conviction.

B. Residential Burglary

Sanford next claims that we must reverse his conviction of residential burglary because the State failed to prove that he entered Ward's home with the purpose of committing an offense punishable by imprisonment as required by Ark.Code Ann. § 5-39-201(a)(1) (Repl.1997). The most persuasive evidence of Sanford's intention was his statement to the police that "he went over to Minnie Ward's around 10:00 or 11:00 and went in to burglarize the house." Moreover, Sanford told Officer Howell that he broke into Ward's home so that he could steal money to buy a Rottweiler. Accordingly, we affirm Sanford's conviction of residential burglary because there was sufficient evidence that he entered Ward's home for the purpose of taking her property. C. Rape

Third, Sanford argues that his rape conviction must be reversed because the State failed to prove that Ward was alive when she was sexually assaulted. We have never specifically determined whether the victim must be alive in order for a sexual assault to constitute rape under Ark.Code Ann. § 5-14-103 (Repl.1997). See Roderick v. State, 288 Ark. 360, 705 S.W.2d 433 (1986). This determination, however, is not necessary because there was sufficient evidence that Ward was alive at the time she was sexually assaulted.

First and foremost, Sanford admitted to the police that: "he shot her the first time, he had sex with her. Then he killed her." This evidence was corroborated by the following statements contained in the autopsy report which was admitted into evidence without objection pursuant to Ark.Code Ann. § 12-12-313 (Repl.1995):

The direction of travel [of the first bullet] was front to back, downward, and left to right.

....

The direction of travel [of the second bullet] was left to right, front to back, and upward.

From this description of Ward's injuries, the jury could have inferred that the two shots were fired at different times and from substantially different angles. Hence, the jury could have reasonably assumed that Ward was shot the first time while she was standing upright, raped, and then shot the second time while she was lying on the floor. Finally, the coroner estimated that Ward died between 11:00 a.m. and 1:30 p.m. which is several hours after Ward ended her telephone conversation with Gary to greet the visitor approaching her back door. Because there was sufficient evidence that Ward was alive at the time of the sexual assault, we affirm Sanford's rape conviction.

D. Capital Murder

Finally, Sanford was convicted of capital murder under Ark.Code Ann. § 5-10-101(a)(1) (Repl.1997), which states in relevant part that a person is guilty of capital murder if he or she:

Acting alone or with one (1) or more other persons, ... commits or attempts to commit rape, ... burglary, ... or escape in the first degree, and in the course of and in furtherance of the felony, or in immediate flight therefrom, he or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life.

On appeal, Sanford raises two challenges to this conviction. First, Sanford argues that we must reverse because the State failed to prove the underlying felony of either rape or burglary. As previously discussed, we conclude that there is sufficient evidence to support both of those convictions.

Next, Sanford contends that the State failed to prove that he killed Ward "under circumstances manifesting extreme indifference to the value of human life" as required by the statute. We have previously defined "extreme indifference" as deliberate conduct that culminates in the death of another person. McGehee v. State, 328 Ark. 404, 943 S.W.2d 585 (1997); Davis v. State, 325 Ark. 96, 925 S.W.2d 768 (1996). Moreover, we have clarified that intent may be inferred from the type of weapon used; the manner of use; and the nature, extent, and location of the trauma suffered by the victim. Hill v. State, 325 Ark. 419, 931...