State v. Harries

• Decision Date: 19 September 1983
• Citation: 657 S.W.2d 414
• Parties: STATE of Tennessee, Appellee, v. Ronald Richard HARRIES, Appellant.
• Court: Tennessee Supreme Court

Page 414

657 S.W.2d 414

STATE of Tennessee, Appellee, v. Ronald Richard HARRIES, Appellant.

Supreme Court of Tennessee at Knoxville.

Sept. 19, 1983.

William M. Leech, Jr., Atty. Gen., Wayne E. Uhl, Asst. Atty. Gen., Nashville, for appellee.

Frank P. Miller, Icenhour, Wohlford & Miller, Bristol, Carl W. Eilers, Kingsport, for appellant.

OPINION

FONES, Chief Justice.

Defendant appeals from a conviction of murder in the first degree and sentence of death.

This case is unusual in that defendant testified that he killed the victim in the course of robbing a Jiffy Market in Kingsport. While his appointed counsel resisted vigorously every aspect of the State's case, the only defense affirmatively asserted was that defendant was a drug addict, being manipulated by Ralph Page and Charles Stapleton, his drug suppliers, and that the bullet that killed the eighteen-year-old clerk in the Jiffy Market was fired accidentally. It was insisted that defendant was guilty of second degree murder or a lesser degree of homicide.

Rhonda Greene, the victim, and her cousin Elizabeth Lane, were the only employees working at the Jiffy Market when the robbery and murder occurred at approximately 9:30 p.m. on January 22, 1981. Defendant watched Scott Fletcher, a customer enter the store and could see that he was the only customer in the store. Defendant entered the store behind Fletcher, apparently unobserved by anyone, and proceeded to the most remote area from the checkout counter until Fletcher left. Elizabeth Lane was in a rear room filling a mop bucket but could see part of the shopping area of the store through a window in the door between the two areas. She knew Fletcher and knew that he was in the store and she saw him leave but she did not know anyone else was in the store. Very soon after Fletcher left she heard Rhonda scream, "Oh my Lord," and heard a gunshot. She ran through the door and defendant shot at her, but missed. Defendant then told her to give him the money or he would kill her. She gave him three bags from the safe containing checks, food stamps and approximately fifteen hundred dollars in cash.

Defendant left the Jiffy Market and ran to a waiting car that, according to him, was driven by Ralph Page, who drove him to Stapleton's mother's house where defendant and Stapleton were staying. The following day Page, Stapleton, and defendant drove to North Carolina where Page had relatives. Page and Stapleton received part of the money taken in the robbery. Page and defendant drove on to Florida where defendant was apprehended.

An autopsy was performed on Rhonda Greene and the pathologist testified that she was killed by a single gunshot wound to the head. He removed the bullet from the back of her head, it was duly identified as was the murder weapon, and a ballistics expert testified that the fatal bullet was fired from the gun shown to have been used by defendant in the robbery-murder. While defendant was waiting for Fletcher to leave the store he had picked up a box of Little Debbie Oatmeal Cream Pies and brought them to the check-out counter where they were left. A fingerprint expert testified that three of defendant's fingerprints were on the box. Scott Fletcher testified that he heard both gunshots as he was getting in his car to leave the Jiffy Market parking area. Earlier he had seen defendant walking from across the street toward the market as he waited for a stoplight to change before driving into the store driveway. Upon hearing the shots Fletcher looked through the store window, saw defendant with a gun and ran off toward the intersection shouting for help. Both Fletcher and Elizabeth identified defendant as the robber and murderer. In short, the State proved every element of the crime of first degree murder beyond a reasonable doubt, prior to defendant's testimony admitting that he robbed the market and shot Rhonda Greene.

I.

The first two issues raised by defendant question the sufficiency of the evidence to support a conviction of murder in the first degree. Defendant says, in essence, that the shooting was accidental, caused by the activities of Scott Fletcher surprising defendant and that he was under the influence of drugs and alcohol to the extent that he did not knowingly or intentionally fire the bullet that killed Rhonda Greene.

The State's theory was that defendant was watching and waiting for the opportunity to rob the store when only one clerk was present and that he intended to kill her so that no one could identify him. Among defendant's prior convictions the State contended that he had twice been identified in the perpetration of robberies and sought to avoid that result in the Jiffy Market robbery. Ms. Lane testified that Todd Green, Rhonda's brother, had been in the store just prior to Scott Fletcher's arrival; that he was similar in size, dress and hairstyle to Ms. Lane; that she had loaned him her jeep to deliver milk to a customer and he had departed just before Fletcher entered and did not return until after defendant had fled. The State relied upon that combination of circumstantial evidence to infer that defendant believed that the second clerk, Ms. Lane, had left in the jeep and Rhonda would be the only witness to the robbery. Thus, contended the State, he deliberately executed her to avoid being identified.

Defendant testified at length about his addiction to drugs and his acquaintance with Page and Stapleton. Defendant's counsel fairly summarized his testimony in the brief on his behalf, as follows:

That in late November or early December, he was a Federal prisoner in a halfway house and that while serving there, he left the halfway house and went to Cleveland, Ohio where he met Charles Wade Stapleton. He further testified that Stapleton introduced him to Ralph Page, Ralph Page being from Kingsport, Tennessee, and that Ralph Page was instrumental in the Appellant coming to Kingsport. The Appellant further testified that he had never been in Tennessee prior to this trip and that on January 21, 1981, he and Charles Stapleton left Cleveland, Ohio in the early morning hours in Stapleton's truck and that he drank and took drugs during the trip to Kingsport and that they arrived in Kingsport in the early evening. He further testified that they went to Stapleton's mother's residence, stayed a while, then went to the residence of Carolyn Griffin where he stayed and slept while Stapleton and Carolyn Griffin went out for a couple of hours. He further testified that Stapleton observed him taking drugs, both on the trip down and at his mother's home in Kingsport and that these drugs were amphetamines, including preludins and black beauties. He further testified as to his prior criminal record which involved an armed robbery and kidnapping and an unarmed robbery and a mail fraud scheme while he was in the penitentiary and for which he was serving a sentence when he walked off from the halfway house. He further testified that he had acquired a massive drug habit and that the funds, $16,000.00, which were made through the mail fraud scheme were used to buy drugs and liquor while he was in the penitentiary in Ohio. He further testified that on the morning of January 22 when he awoke in Carolyn Griffin's home he continued to drink at her home and when they returned to Stapleton's mother's home, that he continued to take a few hits of speed and drink during the day.

The Appellant further testified that that evening when Stapleton left, he was picked up by Ralph Page and that they were suppose to go cash some traveler's checks which were issued in the name of C. Dallas Cottrell and that Page furnished the pistol and drove the Appellant around Kingsport looking for a market to rob and that the aforesaid Ralph Page picked out this Jiffy Market for the Appellant to enter and rob.

Appellant testified that when he approached the Market, he was aware that there [sic] two (2) clerks in the Market and that he followed the witness, Scott Fletcher, into the Market and went to the rear of the Market while Fletcher finished his transaction. He further testified that when he approached the counter and put the box of cookies on the counter, he had the gun out and it was cocked and that he told the deceased that it was a robbery and that Scott Fletcher turned and ran towards him or made some movement which caused the gun to go off and kill Rhonda Leslie Greene. He further testified that when Elizabeth Lane came out of the back room, his shot at her was an automatic reflex caused by panic and fear. He testified that he was high on drugs and liquor at the time and hyperactive, and this was substantiated by the testimony of the witness, Elizabeth Lane, who testified that the Appellant was running around the opposite side of the counter hollering get me the money or I will kill you and he appeared to be highly nervous.

Appellant further testified that Page picked him up after he ran from the Market and took him to Stapleton's home where he divided the money and gave some to Stapleton and took some to Ralph Page after Stapleton returned and took the Appellant to Page's home. He testified that the following day he continued to drink and take drugs and that he, Stapleton, and Ralph Page went to North Carolina where the small bills were exchanged for $100.00 bills and that certain work was done on Page's car and the gun was traded for a set of tires for Stapleton's vehicle.

The three men then returned to Kingsport and Page and the Appellant left and drove to Tampa, Florida with the Appellant's testimony being that enroute they stopped several times to cash traveler's checks with a false I.D. which had been furnished by Ralph Page. The Appellant was arrested in Florida and waived extradition to Tennessee.

Stapleton, testifying for defendant, described defendant as a drug addict and heavy drinker and related a large quantity of drugs, beer and whiskey that he said defendant had consumed on January...