State v. Walker

• Decision Date: 03 January 1984
• Docket Number: No. 5497,5497
• Citation: 675 P.2d 1310,138 Ariz. 491
• Parties: STATE of Arizona, Appellee, v. Robert Lee WALKER, Appellant.
• Court: Arizona Supreme Court

Page 1310

675 P.2d 1310

138 Ariz. 491

STATE of Arizona, Appellee, v. Robert Lee WALKER, Appellant.

No. 5497.

Supreme Court of Arizona, In Banc.

Jan. 3, 1984.

Reconsideration Denied Feb. 7, 1984.

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Gregory A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.

Norman R. Freeman, Tucson, for appellant.

HOLOHAN, Chief Justice.

Appellant, Robert Lee Walker, was found guilty by a jury of first degree murder, A.R.S. § 13-1105, and arson of an occupied structure, A.R.S. § 13-1704. He was sentenced to death for the murder and to 21 years imprisonment for the arson conviction, to be served consecutively to the murder sentence. We have jurisdiction to review the conviction and sentences pursuant to Arizona Const. Art. 6, § 5 and A.R.S. § 13-4031.

The facts developed at trial show that at approximately 1:20 a.m. on September 6, 1981 police responded to a call that there was a fire at the AA Apartments in Safford, Arizona. Arriving at the apartments, an officer found Unit 16 in flames. With the help of a second officer, they managed to break open the door to the apartment and discovered the body of the victim, 81 year old Roy Lewis. The fire department arrived and put out the blaze. Because of the strong odor of gasoline and the manner in which the fire burned, arson was suspected. Further investigation by an arson detection expert revealed that the fire had been caused by gasoline that had been thrown or poured in and around the apartment and ignited. The fire had been started outside the apartment and spread into it. The melted remains of a Prestone container were found on the front porch. An autopsy showed that the victim died of smoke inhalation.

The events which transpired in the hours leading up to the fire at Apartment 16 were developed through statements by the appellant and the testimony of several witnesses. It appears that the appellant went to a friend's house at about sunset on September 5 and drank a considerable amount of beer. Earlier that day appellant had been drinking whiskey. He testified that he had drunk one half pint of whiskey and he had been drinking from a second half pint bottle during the evening.

From his friend's house, the two of them went to the pool hall where they drank more beer. Appellant left the pool hall and testified that at some point he met two boys who were having car trouble. They gave him about a dollar to buy them some gas. Appellant went to a Mobil gas station and obtained about a gallon of gas in a Prestone container supplied by the station but he did not return to the boys who were waiting. Instead, he accepted a ride with two employees at the station.

At about 8:45 p.m. the three men left the station and for approximately the next three hours drove around Safford and Thatcher drinking beer. At some time between 11:30 p.m. and 12:00 a.m. appellant asked to be dropped off but informed his companions that he would return shortly. He then headed in the direction of the AA Apartments. According to appellant he never went to Roy Lewis' apartment the night of the fire. However, an Indian woman, Imogene Wilson, testified, that at some time after 9:00 p.m. that evening appellant came to Lewis' apartment, where she and her friend, Louise Kozie, were staying and drank some wine with them and then left. Appellant returned to the boys' car approximately 15-20 minutes later and they drove around Safford. About 12:30 a.m. to 1:00 a.m. they parked the car behind the Mobil station. One of the boys got into a fight at which time appellant left the area with a can of beer and the Prestone container filled with gasoline.

Appellant was stopped at about 12:40 a.m. by an Officer Hughes, who observed appellant carrying the Prestone container. He questioned the appellant briefly but when the appellant told him about the fight at the Mobil station the officer left to investigate.

At this point, the testimony of the various witnesses is conflicting. Ms. Wilson testified that appellant returned to the apartment and that the victim told him "not to come back" and locked the door. Before he did, however, appellant threw gasoline on Lewis and around the apartment. Ms. Wilson testified that approximately five minutes after appellant left, the apartment was on fire. She and Ms. Kozie were able to escape through a window and after attempting to get help, left to spend the night at Ms. Wilson's aunt's house. Ms. Kozie, on the other hand, testified that Walker never came to the apartment and she never heard the confrontation prior to the fire.

Appellant testified that after seeing Officer Hughes he went back to the pool hall and sold the gas to someone for $3.00. From the pool hall he went to the park and slept for a while. At 3:40 a.m. he checked himself into jail as a "sleeper."

At about 6:40 the next morning appellant left the jail. An officer testified that he saw Walker walk through the AA Apartments, stop and look toward apartment 16 and then leave. Appellant denies that he went to the apartments. At approximately 10:00 to 10:30 a.m. Walker was arrested for the murder and arson.

Before trial a Rule 11 hearing was held to determine whether appellant was competent to stand trial. Walker was examined by two psychiatrists. Both concluded that appellant is mildly mentally retarded with an I.Q. of about 70. Appellant's subnormal intelligence is confirmed by school records that list his I.Q. as 55. Although he went through special education and finished the eleventh grade, his reading level is at about the second grade, his vocabulary is limited and he is unable to figure sums accurately.

The psychiatrists differed in their opinion as to appellant's competency to stand trial. Whereas Dr. LaWall believed appellant competent, Dr. Gurland had "definite doubts as to the competency of Mr. Walker to stand trial" based on appellant's limited...