State v. Silman

• Decision Date: 27 November 1995
• Citation: 663 So.2d 27
• Parties: 95-0154 La
• Court: Louisiana Supreme Court

Page 27

663 So.2d 27

95-0154 La. 11/27/95

STATE of Louisiana v. Thomas W. SILMAN.

No. 95-K-0154.

Supreme Court of Louisiana.

Nov. 27, 1995.

Richard P. Ieyoub, Attorney General, Baton Rouge, Edward L. Tarpley, Jr., Colfax, Daniel James Grady, III, Baton Rouge, for Applicant.

J. Michael Small, Phyllis Elaine Mann, Alexandria, for Respondent.

[95-0154 La. 1] JOHNSON, Justice. ¹

Thomas W. Silman was indicted for four counts of first degree murder in the shooting deaths of his father, sister, brother-in-law, and uncle, in violation of La.R.S. 14:30. The defense stipulated that the defendant fired the fatal shots and agreed to waive the defendant's right to a jury trial upon stipulation by the state that it would not seek the death penalty. Defendant contends that the death of his father, Thomas H. Silman, was an accident, but defends the homicides of the other victims on the basis of insanity at the time of the crimes. Defendant was ordered to undergo examination by the court appointed sanity commission which determined that he was competent to stand trial. After weighing the expert and lay testimony, the trial judge found the defendant not guilty for the killing of his father, but concluded that the defendant was guilty as charged of the first degree murders of his sister, brother-in-law and uncle. The trial judge denied defendant's motion for new trial and motion for post-verdict judgment of acquittal. The defendant was sentenced to three concurrent life sentences at hard labor, without the benefit of probation, parole, or suspension of sentence. The court of appeal reversed the finding of the trial court, concluding that the verdict was contrary to a preponderance of the evidence. State v. Silman, 94-367 (La.App. 3 Cir. 11/9/94), 645 So.2d 810. We granted certiorari to determine the correctness of that conclusion. 95-0154 (La. 5/19/95), 654 So.2d 1093. After reviewing the record in its entirety, we reverse the decision of the court of appeal and reinstate the trial court's judgment.

[95-0154 La. 2] FACTS

On September 9, 1990, while attending a gathering at the Silman family home in Montgomery, Louisiana, to celebrate the 80th birthday of his father, defendant, Thomas W. Silman, shot and killed his father, Thomas H. "Duck" Silman, his sister, Carolyn Silman Lewis, his brother-in-law, Danny Lewis, and his uncle, Kermit Allen. The evidence introduced at trial established that defendant had a fixation with his younger sister, Carolyn. The testimony revealed that defendant, as an adult, had no friends other than Carolyn. It was undisputed that the defendant would have probably resented a relationship between Carolyn and any man, but defendant was deeply troubled over his sister's marriage to Danny Lewis. Although defendant resented the marriage because Carolyn and Danny were first cousins, his primary reason for disapproval of the marriage was that he believed Danny, who was dark complexioned due to his Hispanic heritage, was an African American. The defendant often referred to Danny as a "nigger" or "half breed." During the year following Carolyn's marriage to Danny, Silman became more distraught and destroyed all mementos of his sister. He also made prior threats against Carolyn and Danny Lewis' lives. The horrific details surrounding the events that occurred on September 9, 1990, are as follows:

"Duck" Silman's birthday party had not commenced prior to Carolyn and Danny Lewis' arrival at the Silman family home. As soon as the couple arrived, defendant got his shotgun and rushed toward the door to confront them. In one account, Silman reported that his father tried to talk to him and stepped in the way. His father then wrestled with him for the gun and when his father fell to the floor, he knew he had shot him. However, Silman later reported that his father was blocking the doorway in an attempt to prevent his going outside. He then shot his father in the stomach, but stated that he did not know why he shot him. Although the record is unclear as to the exact sequence of events that occurred afterwards, it is apparent that the defendant fatally shot his father in the chest.

Silman then walked outside where he fired a shot at Danny through the windshield of Danny's pickup truck, striking him in the right side of the chest. In an effort to stop the defendant, Carolyn grabbed the barrel of the shotgun. The shotgun discharged, striking her in the forearm. As Carolyn fell to her knees, the defendant then shot her in the right shoulder, causing her to fall to the ground. While lying on her back on the ground, the defendant placed [95-0154 La. 3] the barrel of the shotgun inside his sister's mouth and pulled the trigger, shooting her a third time at point-blank range. Afterwards, the defendant walked around to the driver's side of the pickup truck and fired a second shot into Danny's chest. The defendant then placed the barrel of the gun to Danny's forehead and fired again, shooting him for the third time.

Shortly thereafter, Kermit Allen arrived at the Silman residence on foot. As he approached the house, defendant fired a shot at Allen, striking him in the upper legs. Silman then fired a second shot at Allen striking him in the chest. As Allen lay wounded on the ground, the defendant placed the gun barrel into the roof of Allen's mouth and fired a third shot.

The record indicates that Silman may have resented his uncle, Kermit Allen, and Allen's wife because they allowed Carolyn to park her trailer behind their grocery store after she moved out of the Silman family home, and they entertained both her and Danny in their home. Apparently, Silman felt that the Allens were meddling in his relationship with Carolyn. According to Mrs. Silman, on the day of the incident, Carolyn called her from the Allen's residence and asked, "was it safe for [her] to come over there," referring to defendant's hostility towards her.

The evidence further suggests that Silman could have, on numerous occasions, killed his mother, but chose not to. In fact, his mother testified that he displayed homicidal rage toward her sister, Mrs. Allen. When asked if her son tried to harm her, Mrs. Silman testified that,

A--He told me lay down on the floor and I didn't. I run out [sic], what did I do, oh I went to the phone and he threatened to kill my sister and I run [sic] to the phone to call her and he yanked the wire out of the wall.

Q--Um hum.

A--And then he went out in the yard to shoot my daughter and while he was out there I run [sic] out there to help her, you know, cause [sic] they was [sic] wrestling with the gun, but he shot her before I could get there. So I run [sic] to Omatha's, I mean I had started [sic]. She was coming out of her house, her and her mother in law and I told them that [sic], I told Omatha to run and call my sister, Mrs. Allen, and tell her to lock her door and don't let him in and, but [sic] for none of them to come over there.

While the defendant was not tried for any other offenses surrounding his actions, the record indicates that subsequent to the shooting deaths of his father, sister, brother-in-law and uncle, defendant went back inside the family home and conducted a one and one-half hour standoff and shootout with law enforcement officers. At least forty-five law enforcement officers, along with helicopter overflights, surrounded the Silman family home. During the standoff, [95-0154 La. 4] defendant fired several shots from a .20 gauge shotgun, two .22 caliber rifles and a .12 gauge shotgun at law enforcement officers and others, injuring three police officers and one civilian.

At some point during the standoff, the defendant showered and changed his clothing. Afterwards, he walked outside unarmed and surrendered to the police. Sergeant Darrell Guillory of the Louisiana State Police testified that after he apprehended Silman, the defendant made two statements, both in a calm tone of voice. Defendant's first statement was "don't hurt me" and his next statement was "what's the big deal?" According to Sergeant Guillory, the defendant appeared oblivious to what was happening around him. Guillory stated that considering the events that had just occurred, defendant's second statement was "out of place." He further testified that he assumed he had apprehended the person responsible for the killings, but the calmness of defendant's voice prompted him to ask the defendant again if he was Thomas Silman.

Alexandria Police Captain Edward L. Christie, who conducted a gunshot residue test on Silman later that afternoon, testified that although the defendant had abrasions on his wrist indicating that the handcuffs were too tight, his demeanor showed no signs of discomfort. Captain Christie further testified that the defendant exhibited no interest in anything that was happening around him, nor did he communicate in any way. Captain Christie stated that Silman seemed so detached under the circumstances, he appeared almost catatonic.

The trial court appointed a three member sanity commission consisting of Dr. Paul Ware, Dr. Joe B. Hayes, and Dr. James D. Calvert. While each member of the sanity commission examined the defendant within 90 days of the shootings, they diagnosed the defendant as having three different illnesses. Dr. Ware initially diagnosed the defendant's mental illness as schizoid personality disorder and possible dissociative disorder. After interviewing defendant's mother and obtaining information regarding defendant's psychological history and other data, Dr. Ware, in his final opinion, diagnosed defendant with reactive psychosis, a form of serious mental illness. At trial, however, Dr. Ware ultimately concluded that defendant suffered from schizotypal personality disorder, the most serious of the personality disorders. Dr. Hayes failed to specify any particular disorder, but he suggested that defendant was psychotic during the time of the shootings. Dr. Calvert's initial diagnosis indicated defend...