State v. Golladay

Decision Date28 May 1970
Docket NumberNo. 40474,40474
Citation78 Wn.2d 121,470 P.2d 191
CourtWashington Supreme Court
PartiesThe STATE of Washington, Respondent, v. Walter Scott GOLLADAY, Appellant.

Reed & Gallup, Edward P. Reed, Vancouver, for appellant.

R. DeWitt Jones, Pros. Atty., Robert L. Harris, Deputy Pros. Atty., Vancouver, for respondent.

NEILL, Associate Justice.

The defendant is charged with first degree murder committed (1) by premeditated design to effect death, (2) by homicide occurring during the commission of or withdrawing from the scene of a rape, or (3) by homicide occurring during the commission of or withdrawing from the scene of a larceny. He appeals from conviction and life sentence.

The assignments of error challenge admissibility of evidence, exclusion of prospective jurors opposed to capital punishment, and sufficiency of the evidence as to rape-murder and larceny-murder.

On January 20, 1968, the body of Enid McGlothlin was found lying near a dirt road in a remote section of Clark County in the vicinity of Camp Bonneville in an area characterized by one witness as a 'lover's lane.' The body was nude, except for stockings. The victim's clothing was strewn in the general area. A brown coat and chain belt appeared to have been ripped from the victim. Her dress and brassiere were torn apart at the seams. Her panties were found, but her slip, shoes and purse were not at the scene. The victim's damages wrist watch was stopped at 11:56.

A pathologist called to the scene observed that the heels of the victim's stockings were covered with grass, dirt, and some black foreign material, similar to material on the floormat of defendant's automobile. However, the soles of the stockings were 'relatively clean.' We also testified that there were no 'skid marks or evidence of dragging of the body.'

The pathologist testified that there were heavy bruises on the hands which, in his opinion, resulted from defensive action by the victim. The body bore facial wounds, an abrasion on the inside of the left thigh, and bruises about the breasts. Several wounds were found on the back of the head, which resulted in extensive hemorrhaging. It was his opinion that the blows were made with a blunt instrument having a rounded surface, and that the head injuries caused the death. He estimated the time of death at about midnight, January 19, 1968.

The victim and her husband lived in Portland, Oregon. They had gone to Washougal, Washington, on Friday afternoon, January 19, 1968, where they spent some time in a tavern. They proceeded to Camas where they were seen quarreling at about 10:30 p.m. The two separated, Mrs. McGlothlin stating that she was going to take a taxi home.

Between 10:30 and 11:30 p.m., at least eight witnesses saw a woman, similar in description and dress to the victim, on the streets of Camas. Several witnesses testified that the woman was with a tall, thin man. The victim's husband does not fit this description. This woman and a tall, thin man were seen squabbling at about 10:40 p.m. At approximately 11 p.m., witnesses saw a woman and a man arguing. These witnesses described the woman as being about 5 feet tall and wearing a brown coat with a dark fur collar, thus fitting the victim's description. She was staggering and appeared to them to be under the influence of liquor. The man was described as dark, tall, and thin. He was not Mr. McGlothlin, who was known by two of the witnesses. Several witnesses testified that the man was making advances toward the woman.

Between 11 and 11:30 p.m., two boys saw the same woman staggering along Sixth Street in Camas. She was alone, walking through mud and debris on the sidewalk. She was seen turning and looking back 'as if she were looking for someone.' The boys passed the woman and proceeded to their homes. Another witness confirmed seeing a lone woman with two boys walking behind her at about 11:30 p.m. on Sixth Street. Thus the victim, or someone looking like her, was last seen walking west on Sixth Street in Camas about 11:30 p.m.

It is at this point that the defendant enters the picture, for he admits picking up Mrs. McGlothlin about 11:30 p.m. on January 19, 1968, but contends that she was accompanied by a tall, thin man.

Defendant had lived in Camas with his parents for about 1 year. About 6:30 p.m. on January 19th, he met three companions--Tom Baldwin, Robert Pearson and Ben Franklin. The four young men drove from Camas to Portland in Baldwin's car. In Portland they went to a house where a prostitute was reputed to live. The defendant knocked on the door of the house, but no one answered. According to defendant and his companions, this was done for Franklin's benefit as a joke. The boys thereupon left, drove to Lloyd Center, bought some ale, and proceeded to an apartment in Vancouver where a party was in progress. They left the party at 9:30 p.m., and visited a dance at Clark College where defendant had been a student. They left the dance around 11:15 p.m., and drove to Camas. During the ride to Camas, defendant told the other boys that he intended to return in his own car to another party in Vancouver. Upon arriving in Camas, Baldwin took defendant home. This was approximately 11:30 p.m.

Defendant was next seen about 45 minutes later several miles from Camas at a road intersection about 3 miles from where the victim was found. He had failed to negotiate a corner with his automobile and struck an embankment. Witnesses at the scene testified that defendant was bleeding extensively from a head wound and that he showed signs of having suffered a concussion and of being intoxicated. Defendant identified himself several times and told the witnesses he was coming home from a party and needed help in extricating his car from the ditch. One of these witnesses observed a woman's purse, the spilled contents of the purse, and a pair of woman's shoes on the floor of defendant's car on the passenger side. Defendant flipped the shoes from the automobile, saying he didn't need them. Then he placed the contents back on the purse, carried it into a nearby field, and returned without it. Defendant stated he wanted to rid the car of anything that might cause him trouble, because he was under age, had been drinking, and had a wreck. He threw a can of ale into a roadside field. He also gave one of the bystanders a small caliber gun and ammunition clip for safekeeping. He repeatedly searched the car for a tape-wrapped pipe which he said he carried in the car for self-protection. The pipe was never found. There was testimony that the pipe had been removed from the automobile in November, 1967.

At the accident scene, defendant first told bystanders that he had a man and woman with him and had taken them someplace in the area. He later said that he had been to a party with a girl and that the purse and shoes were probably hers. He seemed 'dazed' and confused. He was concerned that someone might have been with him in the accident and questioned the witnesses as to whether they had seen any other person.

The automobile was inoperative; so about 2 a.m., two of the persons at the scene took the defendant home. He awakened his father. The two returned to the scene of the accident. They then went to a mill first-aid room to have defendant's head wound tended. The attendant felt defendant might have a concussion and directed him to his family doctor.

At 4:15 a.m., defendant's family doctor sutured the wound and diagnosed a 'moderate' concussion. Both the first-aid attendant and the doctor noticed a fairly strong odor of alcohol about the defendant during this treatment.

On Saturday, January 20th, the defendant remained at home and visited with his girl friend. He suggested reporting the accident to the authorities, but his father told him that a report would not be necessary.

On Sunday, January 21st, after the family read that a woman's body had been discovered near Camp Bonneville, the defendant's father called the sheriff's office. Officers took the defendant into custody as a material witness. While in custody, he made a voluntary statement which was video taped. He also voluntarily gave the officers samples of his head, body and pubic hair. The substance of the statement is:

After Tom Baldwin took him home at about 11:30 p.m., defendant obtained his red Triumph sportscar and drove on Sixth Street, going toward Vancouver. Near the Little League Ball Park in Camas, he saw a man and woman on the sidewalk. The woman hailed or waved to him. Defendant, thinking the couple had car trouble, stopped and offered assistance. The woman said there was no car trouble, but that she was going to Portland. Defendant offered to give them a ride as far as Vancouver. The woman was described as older and short; while the man was said to be tall, thin, and younger than the woman. The woman sat on the transmission hump of the little two-seat sportscar, between defendant and the other man. Both had been drinking. The man said very little, but the woman related that she had a fight with her husband and was returning to their home in Portland to pack. It was apparent that the tall man was not the woman's husband. While in the car the tall man made advanced toward the woman, putting his hands freely on her person. The woman kept pushing his hands away. Defendant felt that it was just a case of an older woman out drinking, who had picked up a younger man.

Defendant was driving west on Highway 830, when the man told him to turn right at 164th Street, which is about one-third of the way to Vancouver. From there the man gave directions for various turns for some 10 miles until they were in the vicinity of Camp Bonneville, which defendant recognized because of his National Guard training there. Defendant recalled making a U- turn at the lighted gates of Camp Bonneville and going a short distance when he was told to turn left down a cow trail or muddy road where he stopped....

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