State v. Goss

• Decision Date: 10 November 1998
• Citation: 995 S.W.2d 617
• Parties: STATE of Tennessee, Appellee, v. Robert GOSS and Carl Hale, Appellants.
• Court: Tennessee Court of Criminal Appeals

Page 617

995 S.W.2d 617

STATE of Tennessee, Appellee, v. Robert GOSS and Carl Hale, Appellants.

Court of Criminal Appeals of Tennessee at Jackson.

Nov. 10, 1998.

Application for Permission to Appeal

Denied by Supreme Court

April 26, 1999.

Robert Wilder, Ripley, TN (at Trial) and D. Michael Dunavant, Ripley, TN, (at Trial & on Appeal) for Appellant Goss.

Gary F. Antrican, District Public Defender, Somerville, TN, and Julie K. Pillow, Assistant Public Defender, Covington, TN, for Appellant Hale.

Charles W. Burson, Attorney General of Tennessee, and Deborah A. Tullis, Assistant Attorney General of Tennessee, Nashville, TN, Elizabeth T. Rice, District Attorney General, Somerville, TN, and Mark Davidson, Assistant District Attorney General, Ripley, TN, for the Appellee.

OPINION

TIPTON, Judge.

The defendants, Robert Goss and Carl Hale, appeal as of right from their jury convictions in the Lauderdale County Circuit Court for first degree murder and aggravated assault, a Class C felony. The defendants were sentenced to life imprisonment for their convictions for first degree murder. The trial court sentenced Goss as a Range II, multiple offender to ten years in the custody of the Department of Correction for the aggravated assault conviction. It sentenced Hale as a Range III, persistent offender to fifteen years in the custody of the Department of Correction for the aggravated assault conviction. The trial court ordered the defendants to serve their respective sentences consecutive to each other and consecutive to prior sentences. On appeal, the defendants contend that the evidence is insufficient to support their convictions and that the trial court erred by admitting into evidence a photograph of the murder victim. In addition, Goss contends that the trial court erred by denying his motion to suppress a statement made by him. Hale also contends that the trial court improperly denied his motion for a preliminary hearing or, in the alternative, to dismiss the indictment. We affirm the judgments of conviction.

Correctional Corporal Henry Love testified that when the offenses occurred on August 25, 1995, he was working in the control room of Unit 5 at West Tennessee High Security Facility. He stated that Hale and Willis McDonald, the murder victim, were housed in cells in C pod located next to each other but that Goss was not housed in the pod. He said that on the day of the offenses, he saw McDonald in C pod with a towel wrapped around his body. He stated that he did not see McDonald holding anything. He said that McDonald had his hands to his side holding the towel. He said that Hale then closed McDonald's cell door and Goss ran up the stairs toward Hale and McDonald who were standing near their cells at the top of the stairs. Corporal Love testified that he looked away to answer the telephone but that when he looked back, he saw one of the defendants jab McDonald with an object, causing him to grab his side. He said that another inmate climbed up the stairs but turned around when the defendants faced him. He stated that Goss then hit McDonald in the chest, and McDonald fell down the stairs.

On cross-examination, Corporal Love conceded that he could not see all areas of the pod. He testified that approximately two weeks before the offenses, he saw inmates throw food and other items where Goss was working, causing Goss to become upset.

Correctional Corporal Rudy Cobb testified that he walked McDonald from the shower on the day of the offenses. He said that he did not search McDonald. He stated that he later heard McDonald calling for help and saw the defendants stabbing McDonald repeatedly as they were at the top of the stairs. Corporal Cobb said that he called for help and that other officers arrived after the defendants and McDonald were at the bottom of the stairs. He said that he tried to walk toward the defendants but that they came toward him with knives, causing him to step back. He said that Hale then stood in front of Corporal Cobb with a knife while Goss continued to stab McDonald in the chest. He stated that the defendants finally laid the knives on the table. Corporal Cobb testified that he was scared of the defendants and feared for his life. He said that the defendants appeared calm after the stabbing.

On cross-examination, Corporal Cobb admitted that his logbook states that he was in the shower area when the offenses took place, but he explained that he must have mistakenly entered the time. He denied telling anyone that he was not scared of Hale. He testified that he did not know how Goss got into C pod. Officer Cobb said that Officer Hutcherson and Correctional Corporals Williams and Freeman were present during the incident.

Correctional Corporal Anthony Freeman testified that he responded to a call on the radio and saw Goss stabbing McDonald in the chest. He said that McDonald was lying naked on his back without a weapon. He testified that he did not see the incident begin and that he did not see Hale stab McDonald. He stated that Hale pulled a knife out and pointed it at the officers and said, "Nobody mess with Robert Goss while he's taking care of some business." He said that Goss never came toward them with a knife and instead kneeled in front of McDonald stabbing him. He conceded that gang activity existed in the prison, but he said that he did not know if McDonald belonged to a gang.

Correctional Corporal Major Williams testified that he responded to the call for assistance. He said that he saw Hale standing at the pod door with a knife telling the officers to stay back. He said that Hale told the officers that he had nothing against them and that Goss was "taking care of business." He stated that Goss was stabbing McDonald. He said that he told the defendants to put the knives on the table and Hale replied that he wanted Goss to be safe. He said that he told the defendants a second time to place the knives on the table, and they complied. Corporal Williams testified that McDonald died about one minute later. Corporal Williams testified that Goss never said anything to him. Corporal Williams said that he did not see the beginning of the incident, nor did he see McDonald with a weapon. He acknowledged that gang activity existed in the prison, but he stated that he did not know if McDonald was a member of a gang.

Corporal Williams testified that he was the pod officer for A pod and that Goss cleaned the pod. He said that there was garbage in the floor sometimes and that Goss would clean it up. He stated that Goss did not express any concerns to him, other than a request for a job change.

Correctional Clerical Officer Everett Hutcherson testified that he also worked in Unit 5 on the day of the offenses and that he went to C pod in response to the code call. Officer Hutcherson testified that he saw Goss stabbing McDonald. He said that McDonald was lying flat on his back and had no weapon. He said that he also saw Hale with a knife and that Hale's hand was bloody. He stated that Hale told the officers not to bother Goss. Officer Hutcherson testified that he went in the pod along with Officers Freeman and Williams. He said that he did not remember seeing Officer Cobb. He said that Hale came toward the officers with a knife. He testified that after Goss put his knife on the table, Hale picked it up but then laid the knife back down. He stated that he never saw Hale do anything to McDonald. He testified that he did not know whether McDonald had a knife. He said that he did not see the beginning of the incident.

Correctional Corporal Scott Wilson testified that he was about one hundred yards away from Unit 5 in the property room when he heard and responded to the call for assistance. He said that when he arrived, Goss was standing by the door with blood on his hands and the officers were going inside the pod. Corporal Wilson said that he did not advise Goss of his rights before he walked up to Goss and asked him what happened. He stated that Goss replied that he had killed McDonald, referring to him by a racial epithet. Corporal Wilson testified that he asked Goss, "Do what?" and Goss replied a second time that he had killed McDonald. He stated that he told Goss that he may not have killed him. Corporal Wilson said that Goss appeared calm and that he had blood on his hands. He testified that Goss told him that he did not want to be handcuffed because he was afraid of being attacked by the inmates. He stated that Goss was then taken to D pod and handcuffed. Corporal Wilson testified that Lieutenant Timothy Bratton then read Goss the Miranda warnings. He stated that during the interview, Goss confessed and explained that he was having trouble with some inmates in A pod. He testified that Goss refused to answer questions about Hale and then asked for a lawyer.

On cross-examination, Corporal Wilson stated that he did not see what happened or how it began. He conceded that he had a prior conviction for writing bad checks. He acknowledged that gang activity existed in the prison, but he said that he did not know if McDonald belonged to a gang.

Officer Carlos Hardy testified that he was the captain of the first shift. He said that he was in the officer's dining room when he heard and responded to the call for assistance. He stated that he saw many other officers in the pod and that he saw McDonald lying on the floor. Officer Hardy testified that he ordered a lockdown of the unit and the investigation of the incident was conducted by Lieutenant Timothy Bratton. Officer Hardy said that Officer Boyd gave him two homemade knives that had blood on them. He identified the two knives for the jury.

Lieutenant Timothy Bratton testified that he investigated the stabbing. He said that although he did not see the stabbing take place, he saw McDonald lying on the floor. He described the area as being blood soaked. He said that he also talked to Goss after the incident. He stated that Goss appeared...