Solomon v. State, A90A0455
| Decision Date | 03 May 1990 |
| Docket Number | No. A90A0455,A90A0455 |
| Citation | 195 Ga.App. 684,394 S.E.2d 570 |
| Parties | SOLOMON v. The STATE. |
| Court | Georgia Court of Appeals |
William W. Keith III, Chatsworth, Stephen A. Williams, Dalton, for appellant.
Jack O. Partain III, Dist. Atty., David T. Blackburn, Asst. Dist. Atty., for appellee.
Brian Solomon was convicted of arson in the first degree, and he appeals.
1. Appellant enumerates the general grounds. Appellant was convicted of setting fire to the home he shared with his wife, Robin Solomon. The evidence established that appellant and Ms. Solomon were in the process of divorcing. The couple had discussed the matter with an attorney a few weeks earlier and initial settlement documents had been drawn providing that appellant was to receive the home in the division of the couple's property. The documents, however, did not detail the responsibilities involving the mortgage payments on the home, and Ms. Solomon and the attorney testified that she declined to sign the documents until those matters were clarified. After an argument on Friday, January 6, 1989, over appellant keeping a loaded shotgun in the master bedroom while his minor daughter (from a previous marriage) was in the house, appellant threatened Ms. Solomon with a pistol and she left the home. Ms. Solomon took with her not only clothing but also her furs, jewelry, and her Rolex watch.
On Monday, January 9, 1989, a sergeant with the Whitfield County Sheriff's Department arrived at the home to serve appellant with Ms. Solomon's petition for divorce and an ex parte order awarding Ms. Solomon the temporary use and possession of the home, with a hearing on the matter set for January 17th. Appellant explained he was expecting someone from the Sheriff's Department in regard to a theft on the premises and asked the sergeant if he could return later that afternoon. The sergeant said he would not be able to do so, but would return the following morning. The sergeant testified that he asked appellant not to say anything and appellant agreed not to tell anyone about the sergeant's delay in serving the papers so that the sergeant would not get into trouble.
Richard Joseph, appellant's neighbor, testified he stopped by the Solomon home around 4:00 p.m. and found appellant watching television. After Joseph returned to his own home, he called appellant after 5:00 p.m. and invited him to dinner. Joseph was unable to state precisely when appellant arrived, testifying it was "right around five-thirty" but also acknowledging he had told investigators at the scene that appellant arrived between 5:30 and 6:00 p.m. Conflicting testimony was presented regarding how long appellant was at the Joseph home before Joseph's stepson first heard the burglar alarm at the Solomon residence, the time estimates ranging from 20 to 60 minutes. The stepson stated that upon hearing the alarm, he looked, saw smoke coming out of the house, and noticed that Ms. Solomon's car was at the back of the home. The stepson and other neighbors testified that they saw smoke streaming from the home around 6:30 p.m. The fire department was contacted, and appellant and the Josephs went to the fire scene. Testimony was presented that appellant approached his wife, asked her if he could save anything from the house, then began to accuse her of setting fire to the house. Appellant, who, according to several witnesses, was intoxicated, also accused others of setting fire to the house. One neighbor, who had never met appellant before the fire, described appellant's behavior as "unconcerned." Others testified appellant appeared "upset." Appellant later scuffled with firefighters who prevented him from entering the house to recover his belongings.
Robert Cochran, a neighbor, testified that Ms. Solomon came to his house and told him her home was on fire. He described her as "act[ing] a little anxious"; his stepdaughter said Ms. Solomon appeared "[r]eal nervous and scared." Cochran went to the house, but when he realized his fire extinguisher would not avail the situation, he got Ms. Solomon's car keys and moved her car out of the driveway. Cochran testified that Ms. Solomon's car was filled with clothing and boxes.
Evidence established that the house was reasonably insured for its value and the value of the personal belongings inside, and that appellant was under no financial difficulties. Fire investigators testified that the remains of electronic equipment and other valuables were found in place in the home and there was no evidence that any of appellant's personal belongings had been removed from the residence prior to the fire.
Ms. Solomon testified that after she left the home on Friday, January 6th, she stayed with Dena and John Bush and called appellant twice over the weekend. She stated appellant asked her to return home, which she declined to do. On Monday, January 9th, she met with her attorney and obtained the court order. She then went to the boutique she co-owned. She telephoned appellant three times that day but made no mention of the order she had obtained. However, Ms. Solomon testified that appellant's reference in a 5:30 p.m. telephone call to the attorney she had retained indicated to her that appellant knew, without her telling him, about the divorce pleadings. Appellant informed her that he was not going to leave the home but that she could return to get more clothing. Ms. Solomon testified appellant called again at 5:45 p.m. to ascertain she would come to the home at 6:00 p.m. Ms. Solomon stated she worked until 5:55 p.m., then drove to a convenience store for groceries, after which she retrieved her clothing from the Bushes' home. She stated sh...
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