Thigpen v. State

• Decision Date: 05 December 1972
• Docket Number: 1 Div. 180
• Citation: 49 Ala.App. 233,270 So.2d 666
• Parties: Arenza THIGPEN v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 666

270 So.2d 666

49 Ala.App. 233

Arenza THIGPEN v. STATE.

1 Div. 180.

Court of Criminal Appeals of Alabama.

Dec. 5, 1972.

David H. Coar, Vernon Z. Crawford, Mobile, for appellant.

William J. Baxley, Atty. Gen., and Sarah V. Maddox, Asst. Atty. Gen., for the State.

TYSON, Judge.

The indictment charged that appellant, Arenza Thigpen, unlawfully and with malice aforethought, killed James Perine by shooting him with a gun. Jury trial resulted in a conviction of second degree murder. Verdict and judgment set punishment at imprisonment in the penitentiary for life.

State's witness Preston Goode testified that he was with Perine on the date in question. At about 2:30 p.m., he drove with Perine to Finley's Drugstore, which was located in the Toulminville area of Mobile County. According to Goode, Perine got out of the car with a shotgun in his hand and 'yelled something up at Finley Drug Store.' Perine then got back in the car with Goode and, after driving once around the block, they parked in front of the Ridge Social Club, located near Finley's Drugstore.

Goode testified that after about ten or fifteen minutes, Arenza Thigpen came out of the drugstore and walked over to where Perine was standing in front of the Ridge Social Club. The two talked for about five or ten minutes, but Goode, who was sitting in Perine's car, was unable to hear what they were saying. Appellant then left, headed in the direction of the drugstore; Perine returned to his car. According to Goode, 'He told me to get under the wheel and drive.'

Goode and Perine then circled the block in Perine's car and returned to a gas station where Perine got out, still armed with a shotgun. Goode testified that Perine again told him to circle the block, and that as he was leaving he heard shots, but did not see who fired them.

After circling the block, Goode, then travelling on Driver Street, saw Perine lying on his back near the curb. He stopped, then heard three more shots. Looking in the mirror, Goode 'saw Thigpen stick a shotgun out of the back of Noble Beasley's car,' pointed in the direction of Perine. Goode then got out of Perine's automobile and shouted, 'The man already shot no need to shoot him anymore.'

According to Goode, appellant walked up to Perine's body which lay sprawled out on the street and turned his shotgun on him (Goode). Goode stated that appellant told him to get away from there, which he did.

Rudolph Kimbrough, called as witness for the State, testified that he lived near where the incident occurred, and that he came out of his house when he heard shots. He sae a man with a gun, later identified as the deceased, running across a vacant lot; the man was limping. He next saw a blue Cadillac turn around on Driver Street and head toward Costarides Street. A second car then appeared on Driver Street. According to Kimbrough, 'The man running across the field tried to get in this car (the second car) and reached for the door and fell.' He heard the driver of the second automobile say, 'Please don't kill him, he's already down.' The witness then testified as to hearing three more shots coming from the direction of the Cadillac, but did not see who fired them. He identified Preston Goode as the driver of the second automobile.

Ella Belle Powell testified for the State that she was in her house on Driver Street when she heard shots; she went outside and saw a man running across Costarides Street toward her house. She stated that the man was not armed; that he was limping. She saw this man approach a parked car on Driver Street, reach for the door, and fall to the ground. She then saw another man with a long barrelled shotgun coming in that direction from the Ridge Social Club. She stated this man was attired in green pants and a green banlon shirt. She saw the man walk up to the man lying on the ground, say something, and then heard two shots fired in the direction of the fallen man.

Patric Reed, State's witness, testified as follows: that he was eleven years old when this incident occurred; that he lived on Driver Street and was playing with a friend at a neighbor's house when he heard shots; that he saw a man crossing a field and fall down in the street; that he saw a man wearing a green shirt and pants approach the fallen man with a gun; that he heard someone say, 'Don't shoot any more,' and he heard the man in green say, 'I'll shoot you.' He saw the fallen man try to get up and then fall back down. He then saw this man point his gun toward the man lying in the street and heard a shot.

Leo Clemmons, fifteen years of age, testified that on the date in question he was cutting grass alongside Finley's Drugstore next to Finley's parking lot. He saw Noble Beasley's car parked in the parking lot. He further testified that he saw a man, later identified as the deceased, crossing Costarides Street with a shotgun; that he (Clemmons) began to run and as he was running he heard a gunshot; that he turned and saw Mr. Finley standing alongside his store pointing a gun at Perine; that there was an exchange of gunfire between Finley and Perine during which time Perine was apparently wounded in the leg. He further testified that as Perine was limping away, he saw Noble Beasley and another man come out of Finley's Drugstore. Beasley got into the driver's seat, and the other man into the back seat. Clemmons stated that he saw a long gun pointing out of the back window of Beasley's car as it drove away.

Ottis Lee Thornton testified that he was coming out of the Ridge Social Club when he heard shots. He saw Noble Beasley driving a blue and black Cadillac on Driver Street. When Beasley turned onto Stanton Road, Thornton heard more shooting. The next thing he saw was a man kneeling or crouching on the ground in an open field. The man had a big red spot resembling blood on his back.

As the man in the field hobbled across the street, Thornton saw Beasley's car reappear and he heard another shot. Thornton further testified that he saw Beasley's car go to the front of Finley's Drugstore; that appellant emerged from the car, loading his shotgun. Appellant ran down Driver Street until he came to Perine's body which was lying in the street. According to Thornton, 'I was Perine's body moving and I saw Thigpen using his foot on his body.' Thigpen had a shotgun in his hands at the time.

Amos McCants testified that he heard shots and saw a man lying in the street and another man standing over him. Several other witnesses for the State placed appellant and Noble Beasley in the vicinity at the time the shooting occurred.

Officer Kermit Seals of the Mobile Police Department investigated the killing. On arrival at the scene, he found Perine's body lying in the street. A shotgun and pistol were found next to Perine's body. Another shotgun was at the rear of a 1970 Oldsmobile. Officer Seals stated that he saw the appellant at the scene and observed he was wearing a green shirt.

Officer Walter Pickett also investigated the shooting. He observed a blue Oldsmobile on Driver Street, identified as belonging to Perine. Perine's body was approximately six or seven feet from the front door of the car. He also observed a blue Cadillac in front of Finley's Drugstore and what appeared to be blood on the front seat of the Cadillac.

Officer Pickett further testified that pictures were taken of appellant that day at the police station, and that appellant had on a green banlon shirt and green checked pants in those photographs. Chief witness for the defense, Benson Washington, testified that on the date in question he had been picketing the Handy Mart Grocery Store; that as he was walking down Costarides Street he saw Perine near the Ridge Social Club armed with a shotgun. He saw a lady driving a Buick automobile drive up to where Perine was standing and get out. Perine told this person, 'I'm going to kill that nigger unless God's a gopher.' When the woman left, an Oldsmobile driven by Preston Goode pulled up and Perine got in.

According to Washington, the car pulled over to a service station where Perine sat for a while. After a few minutes, Perine jumped out and ran over to a Gulf Service Station. At this time Noble Beasley was apparently walking toward his car and Washington stated he heard Perine shout, 'I'm going to kill you, nigger.' Another man, identified as appellant, was sitting in Beasley's car.

Washington testified that Perine fired in the direction of the car, and appellant jumped out of the car and ran into the drugstore. The witness further testified that he saw Beasley get a long gun out of his car and fire at deceased. The witness later saw the deceased, Perine, lying on the ground.

One Thomasina Perine Ruffin testified that she saw the deceased at the scene shortly before the shooting, and that he told her 'they were after him and that he was going to get them.' Perine also told her to leave because there was going to be trouble.

Noble Beasley testified that he first saw deceased on the date in question around 9:00 a.m. Perine had an automatic shotgun with him and drew it on Beasley. Words were exchanged between them after which Perine walked away.

He stated that he next saw Perine about 2:00 or 3:00 that afternoon near the Ridge Social Club; that Perine had a gun and began shooting in his direction; that later that day he was in Finley's Drugstore when he saw Preston Goode drive Perine's automobile into a gas station across the street. At that time appellant was sitting in his (Beasley's) car in front of the drugstore. According to Beasley, Perine began shooting in the direction of his automobile. Appellant jumped out and ran into the drugstore. Beasley began firing at Perine, who ran toward an empty field.

Beasley then went into Finley's Drugstore where he saw appellant grab a shotgun belonging to James Finley and run outside. Beasley stated that he and appellant got into his car and began driving down Costarides Street. As they...