State v. Graves

• Decision Date: 07 January 1981
• Docket Number: No. 80-59,80-59
• Citation: 38 St.Rep. 9,622 P.2d 203,191 Mont. 81
• Parties: The STATE of Montana, Plaintiff and Respondent, v. Charles Henry GRAVES, Defendant and Appellant.
• Court: Montana Supreme Court

Page 203

622 P.2d 203

191 Mont. 81

The STATE of Montana, Plaintiff and Respondent, v. Charles Henry GRAVES, Defendant and Appellant.

No. 80-59.

Supreme Court of Montana.

Submitted June 16, 1980.

Decided Jan. 7, 1981.

Jeffrey Sherlock argued, Helena, W. William Leaphart argued, Helena, for defendant and appellant.

Mike Greely, Atty. Gen., Charles Graveley argued, County Atty., Helena, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant Charles Henry Graves was charged by information with deliberate homicide and aggravated assault. He was convicted of mitigated deliberate homicide in the Lewis and Clark County District Court and sentenced to twenty years in the Montana State Prison with ten years suspended.

Defendant Charles Graves, a 20-year old black man with an eleventh grade education, spent most of April 17, 1979, drinking beer with friends in Helena, Montana. That evening defendant and several friends went to "Club 21" where he had several more drinks. There he met a woman from Idaho who told him that she was going to "Mister Lucky's." After she had left, Charles Graves obtained a ride to Mister Lucky's at approximately 1:00 a. m. on April 18, 1979. The defendant approached the Idaho woman, sat down next to her at her table and began talking with her. The woman told him that she did not wish to be with him. Graves left the table and sat at the bar and the woman from Idaho joined Craig Marlow, the decedent, at another table.

A short while later the defendant approached Marlow's table to ask the Idaho woman to dance. Before defendant could ask her to dance, Craig Marlow jumped up and told the defendant to stop hassling the woman. The Idaho woman then told defendant that she did not want to dance and he returned to his seat at the bar.

After contemplating Marlow's actions, Graves returned to the table to inquire as to why Marlow was so belligerent. Marlow allegedly jumped up and made some comments about black men thinking they could get all the women and said there wasn't enough room in Helena for blacks. At this point defendant said, "Come outside, and I'll bust your jaw." The bartender came over and told them to "Cool it." Graves then began walking away when someone yelled "Take it outside." The defendant looked back, and Marlow allegedly said, "Hey Mother F r come outside."

Defendant then followed Marlow outside. Two white men, one of whom had been sitting with Craig Marlow earlier, allegedly followed Graves outside. When Marlow reached the bottom of the stairs, and while defendant was still on the steps, he turned and hit defendant twice on the head. Charles Graves then stabbed Craig Marlow twice with a knife, once in the abdomen and once in the chest.

Graves testified that he was "kind of drunk" as opposed to "real drunk," that he was afraid all three white men were going to jump him and that he had stabbed the defendant before he knew what had happened.

After the stabbing the defendant attempted to assist others in loading Marlow into a vehicle to be transported to the hospital. One witness testified that the defendant appeared to be in a state of shock, while others testified that he was very calm and completely in control of himself. Graves went into Mister Lucky's to get his jacket and then began walking down Airport Road toward Helena.

He was stopped by two police officers who were responding to a call from Pete Hartman, an airport security guard. Hartman told the police that a stabbing had occurred at Mister Lucky's saloon and that he was following the black suspect down Airport Road. Officer Sturm proceeded to intercept the suspect and saw the defendant walking near the State Publishing Building. Sturm pulled his vehicle up in front of the defendant. Officer Melton and Pete Hartman pulled their vehicles up behind the defendant. Both police officers were uniformed, armed and driving marked police cars. Hartman was also armed and wearing a security guard uniform. Officer Melton called out to the defendant to "hold it," and Officer Sturm approached the defendant. Sturm asked defendant if he had been involved in an altercation at Mister Lucky's. Graves responded that he had. When asked if a knife was involved, Graves said "yes" and turned the knife over to the police. At this point the officer noticed blood on defendant's hands and placed him under arrest and gave him his Miranda warnings.

En route to the police station, the defendant made several remarks concerning his involvement in the incident. He was booked into the city jail. The same morning at approximately 4:25 a. m., the defendant signed a written confession at the county jail after once again being informed of his rights and after signing a statement that he knew and understood his rights. A urine sample was also taken at this time.

A suppression hearing was held on August 30, 1979. The defendant sought to suppress his oral confession in the police car, his written confession taken at the county jail, the knife used, and the urine sample. The defendant did not take the stand in the suppression hearing, but he did submit an affidavit. The court initially refused to accept the affidavit; however, at the urging of defense counsel, the court agreed to accept the affidavit if defense counsel would furnish some precedent for its admittance. In denying the motion to suppress, the court did not reveal whether or not the affidavit was considered.

The day of the trial the prosecution moved to endorse five additional witnesses on the information. These witnesses were connected with an armed robbery which occurred the night before trial. The prosecution believed that the defendant was involved and told the court that they would file additional armed robbery charges against the defendant the same day. The court reserved ruling on the motion. No charges were ever filed, nor were the additional witnesses called.

Graves testified at trial and fully admitted stabbing Craig Marlow. His only defense was self-defense. He was convicted of mitigated deliberate homicide and sentenced to twenty years in the Montana State Prison with ten years suspended. Graves was also designated a nondangerous offender.

The following issues have been presented on appeal:

1. Whether the District Court erred in denying defendant's motion to suppress, which was based on police procedures and a lack of probable cause to arrest?

2. Whether there was sufficient evidence to support the judgment of conviction of mitigated deliberate homicide?

3. Whether the District Court committed reversible error in refusing to give defendant's proposed self-defense instruction?

4. Whether the prosecution's pretrial conduct prejudiced the defendant's case and justifies reversal?

Defendant asserts that the District Court erred in denying his motion to suppress because: (1) the police failed to conform to mandatory police procedures; (2) Miranda warnings were not given prior to any questioning; (3) the arrest was not supported by probable cause; (4) the confessions and the relinquishment of the knife were involuntary as a result of the coercive atmosphere and defendant's mental and emotional condition; and (5) the taking of the knife constituted an unlawful warrantless seizure.

Defendant first contends that the police officers failed to comply with mandatory provisions contained in Montana's "stop and frisk" statutes, sections 46-5-401 and 46-5-402, MCA, and therefore, suppression is required. These statutes and similar statutes in other jurisdictions were enacted to codify the rule announced in the landmark "stop and frisk" case of Terry v. Ohio (1968), 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889. In Terry, the police officer stopped and initiated a pat down frisk on two men who he reasonably believed may be armed and dangerous. The case held that under specified conditions, "Such a search is a reasonable search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken." 392 U.S. at 31, 88 S.Ct. at 1885, 20 L.Ed.2d at 911. In short, Terry and the Montana statutes codifying the rule announced therein apply to a much different fact situation than our present case.

In our present case there was no "stop and frisk". Instead the defendant was merely stopped by the police and asked investigatory questions designed to identify him as a witness or a suspect in the reported crime. The defendant was not frisked, nor were the police officers searching for a dangerous weapon. As a consequence, the "stop and frisk" statutes based on the rule announced in Terry do not apply to this situation.

Turning next to defendant's Miranda issue, it is well established that Miranda does not apply until a suspect is "in custody" or "deprived of his freedom in any significant way." As was stated in Oregon v. Mathiason (1977), 429 U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714:

"Any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that the police officer is part of a law enforcement system which may ultimately cause the suspect to be charged with a crime. But police officers are not required to administer Miranda warnings to everyone whom they question. Nor is the requirement of warnings to be imposed simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect. Miranda warnings are required only where there has been such a restriction on a person's freedom as to render him 'in custody.' It was that sort of coercive environment to which Miranda by its terms was made applicable, and to which it is limited." 429 U.S. at 495, 97 S.Ct. at 714, 50 L.Ed.2d at 719.

In our present case the defendant was definitely not in custody when Officer Sturm asked him the two questions. Further, any deprivation of freedom occurring was the result of the "coercive aspect" incidental to any...