Stevanus v. State, 75179

• Decision Date: 19 November 1987
• Docket Number: No. 75179,75179
• Citation: 185 Ga.App. 7,363 S.E.2d 322
• Parties: STEVANUS v. The STATE.
• Court: Georgia Court of Appeals

Page 322

363 S.E.2d 322

185 Ga.App. 7

STEVANUS v. The STATE.

No. 75179.

Court of Appeals of Georgia.

Nov. 19, 1987.

David L. Cannon, for appellant.

Darrell E. Wilson, Dist. Atty., Wallace W. Rogers, Jr., Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

Via indictment, defendant was accused of burglary, aggravated assault, kidnapping, two counts of false imprisonment and giving a false name to a law enforcement officer. A jury convicted defendant of all of the charges except kidnapping. He was sentenced to serve 15 years (with 5 years probated) on the aggravated assault and false imprisonment charges, 5 years on the burglary charge and 12 months on the false name charge. All of the sentences were to be concurrent. Following sentencing, defendant moved for a new trial. The trial court denied the motion and this appeal followed.

Viewing the evidence in a light favorable to the verdict, we find the following facts: On December 19, 1986, just before 7:00 a.m., the victims awakened, and suddenly a light was turned on in their bedroom. Looking at the doorway, the husband saw an intruder. He was wearing a ski mask and was pointing a gun directly at the husband. The intruder instructed the victims to lie face down on the bed and place their hands behind their backs. Handcuffs were placed on Mr. Bittinger's wrists; his wife's hands were tied with wire. Duct tape was used to cover Mr. Bittinger's eyes; a red bandanna was used to blindfold his wife.

Mr. Bittinger asked the intruder if he intended to rob them. He said no. Then Mr. Bittinger asked the intruder if he was going to shoot them. He said probably not. Mrs. Bittinger inquired just what the intruder was going to do. He replied: "Well, Scott may have to take a little ride." (Mr. Bittinger went by the name "Scott." The victims testified that the intruder had not been given any tips about their names.) Thereafter, the victims engaged the intruder in further conversation. His voice was very familiar to them. He told them that Mr. Bittinger "made someone very angry" and that he was being paid to bring Mr. Bittinger to see that "someone."

In the midst of the ordeal, the intruder placed the husband in the guest room for a period of time. The intruder and the husband continued to talk. During the conversation, the intruder said, "You'uns have a nice car." When the husband heard that expression, he knew the identity of the intruder "in a flash"--it was Bill Stevanus, the defendant.

Defendant, an Ohio native, was a friend of Mrs. Bittinger's sister. He met the victims at a wedding in Ohio in June 1986. Shortly thereafter, defendant and Mrs. Bittinger's sister visited the victims at their home in Woodstock, Georgia. They stayed about one week.

Defendant was a construction worker and jobs were hard to find in Ohio. When defendant expressed an interest in finding a job in Georgia, the victims graciously offered defendant a place to stay until he could get on his feet. In July, defendant took the victims up on their offer. When he arrived in Woodstock, the victims gave defendant a key and put him up in their guest bedroom.

Defendant got a job in Woodstock with a construction crew. After a couple of weeks, Mr. Bittinger suggested that defendant pay something towards room and board and defendant gave the Bittingers $100.

During his stay, defendant conversed with the Bittingers daily. He was a tennis player and he played tennis with Mr. Bittinger on several occasions. He was also a smoker.

Defendant did not have an automobile and he frequently expressed an interest in buying a 1978 Datsun 280Z which the victims were trying to sell. In Mr. Bittinger's words, defendant was "fixated on that car from day one." He began every conversation about the Datsun with the expression "You'uns have a nice car." ("You'uns" is an expression used in certain parts of Ohio and Pennsylvania. It is the equivalent of "y'all.") Except for the frame, the car was in good condition. It did not have any cracks in the dashboard (the victims kept a towel over the dash); it did not have high mileage. Defendant was not able to meet the victims' asking price, however, so he did not buy the car.

Defendant ended up staying with the victims for one month. When he left, defendant left the key which the victims had given him. He also left owing $150 in telephone charges.

When he realized that defendant was the intruder, Mr. Bittinger continued the conversation about the "nice car." He asked which car the intruder was referring to. The intruder replied that he was referring to the "Datsun-Z car." He said he "noticed there's no dash cracks and low mileage, 60,000 or so." Then the intruder went into the bathroom. Using their olfactory senses, the Bittingers could tell that he smoked a cigarette. Returning to Mr. Bittinger, the intruder brought up the subject of tennis.

The intruder remained in the Bittinger's home for an hour and a half. During that time, he used the telephone frequently. To do so, it was necessary for the intruder to go to another floor in the house because he disconnected the telephone in the victims' bedroom. On one occasion, while the intruder was using the telephone, Mr. Bittinger stood up and the floor creaked. The intruder yelled, "Scott, Pat, where are you?" He bounded up the stairs to see what was going on. Satisfied that everything was all right, the intruder returned to the telephone. He dialed and, speaking loud enough for the victims to hear, said: "Bill ... Well, I can't wait around here all day. I can't be seen here ... Well, it's your money." He hung up the phone and went back upstairs. Leading Mr. Bittinger back into the master bedroom, the intruder said: "You're lucky. He changed his mind. I don't know why, but he changed his mind."

Approaching Mrs. Bittinger, the intruder stated: "You'uns should put dead-bolts on your doors. It was too easy to break in." Mrs. Bittinger replied that she had purchased such locks but had not installed them. At that, the intruder laughed. Then he confided that he had a problem. He was going to use the victims' automobile to take Mr. Bittinger for the "little ride," but the plan had been changed. He did not have an automobile and, therefore, he had no way of leaving hurriedly. The victims struck a deal with the intruder. They agreed to give him a 20-minute head start before they...