State v. Bradford
| Decision Date | 16 November 2001 |
| Docket Number | No. 83,165.,83,165. |
| Citation | 272 Kan. 523,34 P.3d 434 |
| Parties | STATE OF KANSAS, Appellee, v. VIRGIL S. BRADFORD, Appellant. |
| Court | Kansas Supreme Court |
Janine Cox, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant. Jared S. Maag, assistant attorney general, argued the cause, and John K. Bork and Kris Ailslieger, assistant attorneys general, and Carta J. Stovall, attorney general, were with him on the brief for appellee.
The opinion of the court was delivered by
Virgil Bradford appeals his conviction of capital murder, K.S.A. 21-3439(a)(6), for the intentional and premeditated killing of Kyle and Chrystine Moore as part of the same act or transaction, or in two or more acts or transactions connected together, or constituting parts of a common scheme or course of conduct; aggravated robbery, K.S.A. 21-3427, aggravated burglary, K.S.A. 21-3716; and two counts of theft, K.S.A. 21-3701. He was sentenced to life imprisonment with no chance of parole for 40 years (hard 40) on the capital murder conviction, 380 months on the aggravated robbery conviction, 68 months on the aggravated burglary conviction, 14 months on the first felony theft conviction, and 14 months on the second felony theft conviction, with each sentence to run consecutive to the other. Bradford appeals directly to our court pursuant to K.S.A. 22-3601(b)(1).
This is a companion case to State v. Verge, 272 Kan. 501, 34 P.3d 449 (2001).
Virgil Bradford and Robert Verge were charged with the crimes above-stated for which both were convicted. At Bradford's trial, he admitted to being present during the gruesome killing of both victims; however, he contended that Verge was the murderer. At Verge's separate trial, Verge offered a similar defense, claiming that Bradford was the murderer.
Kyle and Chrystine Moore were found dead in their residence on Solomon Road north of Solomon, Kansas, on the evening of February 17, 1997. Several officers investigated the crime scene. Blood stains were found in the living room, dining room, bathroom, and bedroom. The two victims were found dead in their bedroom. The bedroom was in a state of disarray, with blood stains on all the walls, the ceiling, and pieces of furniture. The victims' two vehicles were stolen.
The autopsy revealed that Kyle Moore died from blunt force injuries, sharp force injuries, and gunshot wounds; he was beaten, stabbed, and shot, in that sequence. He had a total of 102 wounds on his body, some of which were defensive in nature. He was shot four to five times in the head at close range. The pattern of the shots indicated that he was not moving at the time he was shot, but he was still alive. There were a total of 10 gunshot wounds to his body.
Chrystine Moore died from multiple gunshot wounds in association with stab wounds. She was hit with a hard instrument in the head and stabbed in the chest. She was shot six or seven times. She was alive until the time she was shot in the head.
A knife wrapped in tissue paper, two empty handgun containers, an empty box of .22 caliber cartridges, several shell casings and slugs (none of which tested consistent with a .38 caliber revolver), and a pair of blood-stained sweat pants were found at the Moore residence. Bradford's blood was found on the sweat pants, the bathroom rug and mirror, the living room window, and a towel found under the window. Possible contributors of blood on a muddy sock located in one of the stolen vehicles were Bradford and the two victims.
Kyle Moore's State-issued vehicle was found in Kansas City, Missouri, parked outside of an apartment building. In the course of the investigation, the authorities became acquainted with one of the apartment residents, Charles Bostic.
Bostic testified for the State that one morning in February 1997, Bradford and Verge came to his apartment and made comments about killing police officers and showed him their guns when he did not take them seriously.
Testifying in his own defense, Bradford stated that he passed out in a car while Verge was driving, and the vehicle eventually ended up stuck in the mud in an unknown place. They walked to the Moore's home, and Verge was carrying a flashlight. Bradford stated that after unsuccessfully trying to get the attention of the occupants, he concluded that no one was home. He admitted noticing beforehand that two cars were parked outside and an outside light was on. Verge handed Bradford an empty .38 caliber revolver. Bradford then broke into the house with the intent to steal keys to one of the vehicles. He noticed a light was on after he broke in, and he immediately headed toward the light. After entering the bedroom, he was attacked by Kyle Moore, and he hit Kyle several times on the head with the revolver. He claimed that while he was fighting with Kyle, Verge shot Chrystine. After she was shot, Kyle tried to protect her and was also shot by Verge. Bradford was unable to account for the several stabbing wounds present on both victims.
Bradford was convicted of capital murder for the intentional and premeditated murders of Kyle and Chrystine Moore, but the jury declined to assess the death penalty. He was also convicted of aggravated robbery, aggravated burglary, and two counts of theft. We consider the issues he raises on appeal.
Sufficiency of evidence to support conviction of capital murder
Bradford first contends there was insufficient evidence showing that he premeditated the murders. He argues (1) the actions preceding the murder do not show premeditation, (2) the fact two people were killed does not show premeditation, (3) the extent of the injuries does not show premeditation, (4) the use of multiple weapons does not show premeditation, and (5) there was no evidence that he aided and abetted the murders. Each subargument is made with the incorrect presumption that Bradford's own testimony is entirely truthful and binding upon this court.
When reviewing sufficiency of the evidence, we must review all the evidence, viewed in a light most favorable to the prosecution, and determine whether a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Rodriguez, 269 Kan. 633, 634, 8 P.3d 712 (2000).
We have recently restated the standard of review for premeditation:
State v. Alvidrez, 271 Kan. 143, 148, 20 P.3d 1264 (2001).
This court has also set forth factors that may be considered in determining whether premeditation exists:
"We held in [State v.] Moncla[, 262 Kan. 58, 73, 936 P.2d 727 (1997)
] that while the element of premeditation is not inferred from use of a deadly weapon alone, an inference of premeditation may be supported where additional circumstances are shown, including lack of provocation, conduct before and after the killing, or the striking of a lethal blow after the deceased was rendered helpless." State v. Henry, 263 Kan. 118, 130, 947 P.2d 1020 (1997).
In the present case, 25 wounds were inflicted on Chrystine Moore and 102 wounds on Kyle Moore. Competent testimony of the forensic pathologist tended to show that the victims were first beaten, then cut, and then finally shot several times each in the body and then several times in the head. The evidence also showed Kyle Moore was not moving when he was shot in the head, and that death did not occur until he was shot in the head. Chrystine Moore was also alive at the time she was shot in the head, and but for the gunshot wounds, she might have survived. The gun used to kill the Moores was their own, and an empty box of .22 caliber cartridges was found on the floor. This evidence viewed in the light most favorable to the prosecution was sufficient to support the jury's finding of premeditation to uphold the conviction of capital murder.
Furthermore, although Bradford claims that he severely beat Kyle Moore because Kyle first attacked him, the jury could have inferred from the evidence that Bradford and Verge broke into the house with full knowledge that it was occupied. According to Bradford's own testimony, two cars were behind the house, a light was on outside, and one was on inside. They entered the house with a.38 caliber revolver, although Bradford claims that he was told it was empty. The Moores were killed in the bedroom of their own home, and there were no wounds on their bodies that suggested that they made any aggressive acts. Hence, there was additional evidence to support a reasonable inference that the killings were done without provocation.
A total review of the facts reveals an abundance of evidence from which the jury could infer premeditation. Bradford's argument, which seems to presume that unless he directly admits to premeditating the killings he cannot be convicted thereof, is totally without merit. Sufficiency of aiding and abetting capital murder
Bradford next challenges the evidence as insufficient to support a guilty conviction for capital murder under the theory of aiding and abetting.
In State v. Wakefield, 267 Kan. 116, 977 P.2d 941 (1999), we recited the following standard of review for sufficiency of the evidence in the context of aiding and abetting:
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