Stockton v. Com.

Decision Date09 March 1984
Docket NumberNo. 831568,831568
PartiesDennis Waldon STOCKTON v. COMMONWEALTH of Virginia. Record
CourtVirginia Supreme Court

Philip G. Gardner, Ward L. Armstrong, Martinsville (Gardner, Gardner & Barrow, P.C., Armstrong & Armstrong, Martinsville, on brief), for appellant.

Todd E. LePage, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

STEPHENSON, Justice.

In a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and 264.4, Dennis Waldon Stockton was convicted of capital murder for willful, deliberate, and premeditated killing for hire, Code § 18.2-31(b), and his punishment was fixed at death. Following a sentencing hearing, the trial court imposed the death sentence. We have consolidated the automatic review of Stockton's death sentence with his appeal from his conviction, Code § 17-110.1 and 110.1 F, and have given them priority on our docket. Code § 17-110.2.

The evidence will be viewed in the light most favorable to the Commonwealth. On July 25, 1978, 18-year-old Kenneth Arnder's partially decomposed body was discovered in a remote area of Surry County, North Carolina. Both of Arnder's hands had been cut off above the wrists, and he had been shot in the head. The parties stipulated that his death was caused either by the gunshot wound to his head, by the severing of his hands, or by both means.

Arnder purchased drugs from one Tommy McBride in 1978. The drugs cost $500, but Arnder paid only $125 on delivery and promised to pay the balance later. When the payment was not forthcoming, McBride sought to have Arnder killed.

In June of 1978, Stockton was visiting at the home of Tommy McBride. In addition to McBride and Stockton, McBride's wife, Diane, Ronnie Tate, "Sunshine" Hatcher and Randy Bowman were present. At this time, McBride offered Bowman $1,500 to kill the "Arnder boy." Upon hearing this offer, Stockton told McBride that he needed money and would kill Arnder for McBride. Thereupon, the defendant and McBride entered a bedroom, and Bowman left McBride's house. Within the following "month or two," Bowman read of Kenneth Arnder's murder in a newspaper.

Wilma Arnder, the victim's mother, last saw her son alive on July 20, 1978, at her home in Mount Airy, North Carolina. Approximately 6:00 p.m. on that date, the defendant arrived at her home, and, a short time later, Kenneth departed with Stockton for Kibler Valley in Patrick County, Virginia. Stockton was taking Kenneth to the Kibler Valley "picnic area" to hide while "things cool[ed] off" regarding some stolen automobile wheels. Stockton told Wilma Arnder he would leave Kenneth at the picnic area and return there the following morning.

Ronnie Tate was with Stockton when Arnder was murdered. Stockton believed that Tate was talking about the murder and killed Tate to silence him. Robert Gates testified that in July, 1979, Stockton asked him if Ronnie Tate had been "running his mouth" about Kenneth Arnder. Although Ronnie Tate previously had told Gates that he and Stockton killed Arnder, Gates responded that Tate had not said anything to him about Arnder. Later that same day, Stockton, Gates, and Ronnie Tate went to Camp Civitan in Forsyth County, North Carolina, ostensibly to pick up ten pounds of marijuana. After arriving, Gates saw Stockton point a .38 caliber pistol at Tate's chest and heard Stockton accuse Tate of "running that damn mouth." Despite Tate's denials, Stockton insisted, saying, "I know, you been running your mouth about Kenny Arnder." Stockton then shot Tate through the chest.

The evidence showed that Stockton admitted killing Arnder. He made this admission on at least three separate occasions. First, in early 1980, Stockton went to Fern and Michael Tate's home, looking for Michael Tate. When Fern informed him that Michael was not at home, Stockton became angry and told her that he and "Tate" had cut off someone's hands in Kibler Valley and that he had ways of taking care of people. Although Stockton did not explain who "Tate" was and gave no details, other evidence suggested he was referring to Ronnie Tate.

Next, in the Summer of 1980, Randy Bowman saw Stockton at the Surry County, North Carolina courthouse. Stockton was in a holding cell with three or four other prisoners. Bowman overheard Stockton talking about the Arnder case and related that Stockton said "he'd killed somebody and that somebody couldn't live with it, so he had to go ahead and kill him, too."

Finally, for approximately four months during 1980, the defendant and Ricky Williams were cell mates in the Surry County, North Carolina jail. During that time, Stockton told Williams he killed Kenneth Arnder because Arnder "had ripped somebody off for some drugs," and that the killing occurred in Patrick County, Virginia, at Kibler Valley. A short time later, during a fight, Stockton told Williams he had cut off Arnder's hands and threatened to do the same to Williams.

Testifying in his own defense, Stockton denied that he met with Tommy McBride and that McBride hired him to kill Arnder. He also denied killing Arnder. Diane McBride, Tommy McBride, and "Sunshine" Hatcher each denied that Stockton met with them in June, 1978, and that Tommy McBride hired Stockton to murder Arnder. When Tommy McBride testified, he referred to Kenny Arnder as "Kenny Arrington."

Donald York, called as a rebuttal witness for the Commonwealth, testified that in 1982 he and Tommy McBride were cell mates. In early October, McBride told him that the "Arrington boy had ripped him off" (emphasis added) and that he had Stockton kill "Arrington."

Jay Gregory, an investigator with the Patrick County Sheriff's Department, had been assigned to investigate Arnder's murder. He testified concerning several conversations he had with Stockton. Stockton told Gregory that Kenneth Arnder "was getting his drugs from Tommy McBride," and that McBride, thinking Arnder had stolen drugs from him, offered Stockton $1,000 to kill Arnder. Stockton denied accepting McBride's offer, telling Gregory that Ronnie Tate and Bob Hershberger told him they had taken the contract. Stockton explained to Gregory that he acquired the gun which killed Arnder from a trade with Hershberger. According to Stockton, he drove Hershberger to the McBride house a short time after Arnder was murdered. Hershberger came out of the house with $1,000, $100 of which he gave to Stockton because Stockton had provided him with transportation to McBride's.

I. PRETRIAL PROCEEDINGS.
A. Constitutionality of the Death Penalty Statute.

Stockton raises a number of constitutional challenges to the death penalty. He first contends that the death penalty is unconstitutional, per se, because it violates the proscription against cruel and unusual punishment as stated in the Eighth Amendment to the Federal Constitution. We have rejected an identical contention numerous times, and we affirm our previous decisions. See Whitley v. Commonwealth, 223 Va. 66, 77, 286 S.E.2d 162, 168-69 (1982), cert. denied, 459 U.S. 882 (1983); Bassett v. Commonwealth, 222 Va. 844, 851, 284 S.E.2d 844, 849 (1981), cert. denied, 456 U.S. 938 (1982); Stamper v. Commonwealth, 220 Va. 260, 267, 257 S.E.2d 808, 814 (1979), cert. denied, 445 U.S. 972, 100 S.Ct. 1666, 64 L.Ed.2d 249 (1980); Mason v. Commonwealth, 219 Va. 1091, 1095, 254 S.E.2d 116, 118-19 (1979), cert. denied, 444 U.S. 919, 100 S.Ct. 239, 62 L.Ed.2d 176 (1979); Waye v. Commonwealth, 219 Va. 683, 698-99, 251 S.E.2d 202, 211-12 (1979), cert. denied, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 292 (1979); Smith v. Commonwealth, 219 Va. 455, 476, 248 S.E.2d 135, 148 (1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979).

Next, Stockton contends that death by electrocution constitutes cruel and unusual punishment. He argues that "[e]lectrocution involves the senseless and barbaric infliction of needless pain and suffering." In Martin v. Commonwealth, 221 Va. 436, 439, 271 S.E.2d 123, 125 (1980), relying upon In Re Kemmler, 136 U.S. 436, 447-48, 10 S.Ct. 930, 933-34, 34 L.Ed. 519 (1890), and Hart v. Commonwealth, 131 Va. 726, 743, 109 S.E. 582, 587 (1921), we rejected a similar argument, and we adhere to our previous holding.

Stockton also claims that the language of the statutes is vague and overbroad, using terms which are susceptible of arbitrary and irrational application (e.g., "depravity of mind," "vileness," and "aggravated battery"), and permitting speculation and conjecture by a jury of laymen regarding future dangerousness, "an area where even psychiatrists have proved inept." We previously have rejected the contention that the statutory language is vague and overbroad. See Evans v. Commonwealth, 222 Va. 766, 770, 284 S.E.2d 816, 817-18 (1981), cert. denied, 455 U.S. 1038, 102 S.Ct. 1741, 72 L.Ed.2d 155 (1982); James Dyral Briley v. Commonwealth, 221 Va. 563, 580, 273 S.E.2d 57, 67 (1980).

In Smith, 219 Va. at 476-78, 248 S.E.2d at 149, we defined the terms "depravity of mind," "vileness," and "aggravated battery" and held that their application does not vest unbridled discretion in the sentencing body. We also defined "future dangerousness" and held that it supplies a sufficient standard for the sentencing body to predict future criminal conduct. Id. at 478, 248 S.E.2d at 148-49. See Martin, 221 Va. at 439-40, 271 S.E.2d at 126. Accordingly, we again reject the claim that the death penalty statutes are facially unconstitutional.

Finally, the defendant claims that Code § 18.2-31 is unconstitutional as applied to his case because it denies him due process and equal protection of the law. He argues that there is no rational basis for classifying murder for hire as a capital crime. We do not agree. In Whitley, 223 Va. at 77-78, 286 S.E.2d at 169, we rejected a claim that no rational basis exists for giving the death penalty in the seven classes...

To continue reading

Request your trial
186 cases
  • Remington v. Com.
    • United States
    • Virginia Supreme Court
    • September 14, 2001
    ...Va. 625, 650, 499 S.E.2d 538, 554 (1998), cert. denied, 525 U.S. 1067, 119 S.Ct. 796, 142 L.Ed.2d 658 (1999); Stockton v. Commonwealth, 227 Va. 124, 145, 314 S.E.2d 371, 384, cert. denied, 469 U.S. 873, 105 S.Ct. 229, 83 L.Ed.2d 158 (1984); Howard v. Commonwealth, 210 Va. 674, 679, 173 S.E.......
  • Gray v. Com.
    • United States
    • Virginia Supreme Court
    • June 8, 2007
    ...114, 121-22, 360 S.E.2d 352, 357 (1987), cert. denied, 485 U.S. 1015, 108 S.Ct. 1489, 99 L.Ed.2d 716 (1988); Stockton v. Commonwealth, 227 Va. 124, 135, 314 S.E.2d 371, 378 (1984), cert. denied, 469 U.S. 873, 105 S.Ct. 229, 83 L.Ed.2d 158; Whitley v. Commonwealth, 223 Va. 66, 77-78, 286 S.E......
  • Wilson v. Com.
    • United States
    • Virginia Supreme Court
    • August 23, 2005
    ...we hold that Judge Griffith did not abuse his discretion by failing to recuse himself from this case. Cf. Stockton v. Commonwealth, 227 Va. 124, 141, 314 S.E.2d 371, 382 (1984) (holding that the trial judge did not err in refusing to recuse himself although he had presided over a previous t......
  • Turner v. Williams
    • United States
    • U.S. District Court — Eastern District of Virginia
    • February 1, 1993
    ...228 Va. 427, 323 S.E.2d 554, 564-66 (1984), cert. denied, 472 U.S. 1012, 105 S.Ct. 2713, 86 L.Ed.2d 728 (1985); Stockton v. Commonwealth, 227 Va. 124, 314 S.E.2d 371, 386 cert. denied, 469 U.S. 873, 105 S.Ct. 229, 83 L.Ed.2d 158 (1984); Bunch v. Commonwealth, 225 Va. 423, 304 S.E.2d 271, 28......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT