Thompson v. State, 8 Div. 392

• Decision Date: 12 April 1988
• Docket Number: 8 Div. 392
• Citation: 542 So.2d 1286
• Parties: Steven Allen THOMPSON v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1286

542 So.2d 1286

Steven Allen THOMPSON v. STATE.

8 Div. 392.

Court of Criminal Appeals of Alabama.

April 12, 1988.

Rehearing Denied May 24, 1988.

Mark McDaniel and Marc Sandlin, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram and William D. Little, Asst. Attys. Gen., for appellee.

McMILLAN, Judge.

The appellant was indicted for three counts of capital murder as follows:

"... STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury, other than as stated, did intentionally cause the death of Robin Balarzs, by striking her with his fist and by dragging her behind an automobile, either or both of which acts resulted in the aspiration of stomach contents and suffocation of the said Robin Balarzs, and STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, caused said death during the time that STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, was in the course of committing a theft of One (1) dollar bill in lawful currency of the United States, and One (1) ring, the property of Robin Balarzs, by the use of force against the person of Robin Balarzs, with intent to overcome her physical resistance or physical power of resistance, while the said STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, was armed with a deadly weapon, a knife, in violation of § 13A-5-40(a)(2) of the Code of Alabama of 1975, against the peace and dignity of the State of Alabama.

"COUNT 2:

"... STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, did intentionally cause the death of Robin Balarzs, by striking her with his fist and by dragging her behind an automobile, either or both of which acts resulted in the aspiration of stomach contents and suffocation of the said Robin Balarzs, and STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, caused said death during the abduction of Robin Balarzs by STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, with intent to inflict physical injury upon her or to violate her sexually, in violation of § 13A-5-40(a)(1) of the Code of Alabama of 1975, against the peace and dignity of the State of Alabama.

COUNT 3:

"... STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, did intentionally cause the death of Robin Balarzs, by striking her with his fist and by dragging her behind an automobile, either or both of which acts resulted in the aspiration of stomach contents and suffocation of the said Robin Balarzs, and STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, caused said death during the time that STEVEN ALLEN THOMPSON, whose name is unknown to the Grand Jury other than as stated, a male, was engaging, or attempting to engage in sexual intercourse with Robin Balarzs, a female, by forcible compulsion, in violation of § 13A-5-40(a)(3) of the Code of Alabama of 1975, against the peace and dignity of the State of Alabama."

The appellant pleaded not guilty and not guilty by reason of mental disease or defect. The jury found the appellant guilty of the capital offenses charged in the indictment and, following a sentencing hearing, recommended life imprisonment without parole by a vote of eight to four. Thereafter, the trial court sentenced the appellant to death by electrocution.

The trial judge in his sentencing order outlined the facts surrounding this shocking and vicious crime:

"The victim, Robin Balarzs, was engaged to marry David Roberts, a long-time friend of the defendant. On May 11, 1984, David Roberts was absent from Huntsville due to military service. Defendant was aware of this absence. On that day defendant went to the home in Huntsville where Robin Balarz resided with her parents and her young child. The parents and the child were also out of town. Robin and her friend Cindy McElroy were at the residence. Defendant, Robin and Cindy engaged in normal conversation and defendant slept on a sofa while the girls retired to separate bedrooms. Early on the morning of May 12th defendant left the residence. Cindy McElroy left at a later time. Cindy noticed no unusual behavior on the part of the defendant.

"Defendant was absent without leave from the Navy and had need for money and goods which he could convert to cash. He planned to return to the Balarzs household to feloniously take money, gold or silver. In his planning defendant bought tape, bandages and other items with which to bind Robin. On his arrival in the night of May 12, 1984, defendant entered the household on invitation of his friend and followed a course of conduct which can be described as beyond human comprehension in its vileness. Defendant bound and gagged Robin with a sock, bandage, rope and tape he had brought into her home with premeditated design. He cut her clothes from her person and beat her with his fists. He took a meager $1.00 bill from her purse (although at some point he also took her engagement ring). He stuffed a sock in her mouth. He cut her with a knife. He positioned his rental vehicle near the garage to facilitate her removal from the residence. He made some effort to conceal the blood and physical tracings of his acts of brutality, placed Robin, still alive, in the vehicle, left the home and drove to secluded Green Mountain, a rugged area in Huntsville, Madison County. There, he proceeded to brutalize Robin Balarzs in a manner almost unspeakable in its nature, character and extent. Defendant had sexual intercourse upon her, shoved a large knife into what he thought to be her vagina, bound her breasts with a rope, tied her to the vehicle and dragged her through mud, over rocks and on pavement for a distance in excess of 3000 feet. At some point he pulled and shaved her hair with a razor especially purchased. He stabbed her about her breasts and cut her with the knife.

"Robin Balarzs died during her ordeal. Some of the atrocities were against her corpse.

"The defendant realized that left in the Balarzs home were items which would reveal his crimes, if not his identity. He returned to the residence for the purpose of securing these items, leaving Robin Balarzs on Green Mountain.

"While defendant was attempting to re-enter the Balarzs home David Roberts returned. Seeing David drive up to the residence, defendant evaded detection and drove away to spend the rest of the night in his vehicle.

"David Roberts entered the home and noticed signs of the defendant's depravity. He contacted neighbors and friends of Robin, called hospitals and tried to locate her. Finally, David Roberts called Huntsville Police Department and investigation into the case began. David recalled seeing defendant's vehicle parked near the residence and an alert was dispatched on defendant by radio. At that time it was in connection with a missing person report. In the early morning of May 13, 1984, two uniformed officers saw defendant in his vehicle and stopped him. Defendant's vehicle was dirty and damaged and defendant had what appeared to be blood and mud about his person. Defendant was properly advised of his constitutional rights, taken into custody, removed to police headquarters and questioned. After first denying knowledge of the fate of Robin Balarzs, defendant made statements admitting his activities and led an officer to the scene atop Green Mountain. Robin's battered body was found. Her parents and David Roberts were advised that she was dead."

I

The appellant contends that a material variance existed between the allegations in the indictment as to the means of death and the proof at trial. He alleges that his rights to due process were violated thereby. The indictment charges in each count that the appellant struck the victim with his fists and dragged her behind an automobile, "either or both of which acts resulted in the aspiration of stomach contents and suffocation" which caused the victim's death. The appellant bases his argument on the testimony of Dr. Joseph Embry, who performed the autopsy and stated that he believed that most of the injuries inflicted were post-mortem. Dr. Embry testified that the only trauma that he believed the victim suffered while she was alive was a bruise to her neck, which appeared to have been caused by a rope or some ligature, and bruises on her chest, thighs, and calves. However, he noted that because of the extensive tears of her forehead and cheeks, she could have been beaten previously, but the bruises would have been obscured. He testified that the victim died apparently as a result of being strangled with a rope which caused her to aspirate and vomit into her lungs, resulting in a death by asphyxia, or suffocation.

The appellant stated in his second confession that he wrapped a rope around the victim's neck and applied enough pressure "to let her know I wasn't messing around." The victim then grabbed for the rope and told the appellant that he didn't "have to do this." The appellant stated that he began hitting the victim in the back of the head and that she hit the floor and apparently "busted" her nose. After gagging her, he asked if she had any silver, gold, or money and she shook her head to indicate that she did not. He then removed the gag and noticed that her lips were turning purple. Blood, hair, and an unknown stain, which appeared to be vomit, were found in the hall, kitchen, down the stairs, and in the garage. The appellant stated that after removing her clothes, he drug the victim down the basement stairs to his car. He said she moaned and groaned on the way to Green Mountain and was bleeding and vomiting when he got her out of the car. Thereafter, he said, he cut, raped and dragged her behind his car. The appellant's confession may be used to help satisfy the jury that a prima facie case was established by the State. Marvin v. State, 407 So.2d 576, 579 (Ala.Cr.Ap...