U.S. v. Spears, 76-1816-17
| Decision Date | 03 March 1978 |
| Docket Number | No. 76-1816-17,76-1816-17 |
| Parties | UNITED STATES of America, Appellee, v. May SPEARS, aka May Jordan, and Edward Jordan, aka Eddie, Appellants. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Don L. Grace, Oklahoma City, Okl., for appellant, May Spears.
Bob G. Carpenter, Oklahoma City, Okl., for appellant, Edward Jordan.
Susie Pritchett, Asst. U. S. Atty., Oklahoma City, Okl. (David L. Russell, U. S. Atty., and Duane Miller, Asst. U. S. Atty., Oklahoma City, Okl., with her on brief), for appellee.
Before SETH, Chief Judge, McWILLIAMS and BARRETT, Circuit Judges.
The defendants, May Spears, a/k/a May Jordan, and Edward Jordan appeal from a conviction of violating 18 U.S.C. § 894, by using extortionate means to collect extensions of credit. A jury found the appellants guilty on five counts of making extortionate extensions of credit in violation of 18 U.S.C. § 892, and with four counts of violating 18 U.S.C. § 894. The court entered a judgment notwithstanding the verdict on those counts charging the making of extortionate extensions of credit.
The appellants raise two issues on appeal. The first raises the question whether conviction is barred if all the Government's witnesses deny at trial that any threats were made, or that they were ever put in fear; the second, whether the trial court's ruling permitting the introduction of evidence showing collection practices was improper hearsay and prejudicial to the appellants.
We conclude that there was sufficient evidence to support the jury's verdict relating to 18 U.S.C. § 894, and that the court's ruling admitting Mr. Hastings' testimony concerning the appellants' collection practices in the community was proper.
The statute under which the appellants were convicted prohibits knowing participation in the use of extortionate means to attempt the collection of a debt. "Extortionate means" is defined as:
". . . (A)ny means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person." 18 U.S.C. § 891(7).
The Government's evidence consisted primarily of testimony from persons who had borrowed money from May Jordan; the testimony of several special agents of the Federal Bureau of Investigation who had analyzed the interest rates appellants charged on some of these accounts, and who interviewed witnesses before trial.
The evidence in substance showed that appellant, May Jordan, was in the business of loaning money, and examples of loans were testified to. For example, she loaned $80.00 to Arizona Jackson, and the loan agreement required the borrower to pay back $120.00 in thirty days. When she was unable to pay, the appellant raised that amount from $120.00 to $180.00, which was to be paid out at $20.00 per month. Another example, Myrtle Hastings borrowed $50.00 from appellant, and was to repay $100.00 in one month. Linda Blaine borrowed money from May Jordan, and testified that the appellant would "whip" her if she didn't pay her debt. She also testified that she had seen May Jordan carry a gun, but that since she paid her debts, there was no reason to be frightened. Donald Hastings borrowed money, and was unable to make payment as agreed upon. He testified that May Jordan said Mr. Hastings could not outrun appellant, or that he could not "whip" her. Mary Allen also borrowed money from the appellants, but was unable to repay it as agreed. Eddie Jordan called upon Miss Allen at her home. She testified that he came inside carrying a shotgun, sat down, placed the shotgun on his lap, and said that he was going to get the money he was owed one way or another.
Of those who borrowed money from May Jordan, only Miss Allen testified at the trial that appellants' reputation in the community was that they "climbed on people," frightening them about receiving their money. With this exception, all witnesses indicated at trial that neither May Jordan nor her brother, Eddie Jordan, ever used extortionate means to collect a debt. Arizona Jackson's testimony was indicative, direct, and to the point:
The jury had also the testimony of special agent Errol Myers:
The appellants claim that the evidence the Government produced was insufficient as a matter of law because "some testimony-in-chief from an alleged victim was essential to prove the necessary element of the crime, the use of extortionate means." There is no controlling authority in the Tenth Circuit on this question. In United States v. DeLutro, 435 F.2d 255 (2d Cir.), the court held that a defendant who used extortionate means to collect his debt could still be convicted, even where his victim denied at trial that any threats were made, or that he was ever put in fear. We agree with DeLutro and must reject the notion that the silencing of a victim at trial can absolutely eliminate the possibility of a conviction. See generally United States v. Quintana, 457 F.2d 874 (10th Cir.). The evidence summarized does not show, with one exception, that any threats of violence for failure to pay debts were made directly to those who borrowed money from the appellants. The threat of violent consequences comes from the general nature of all the loan and collection transactions, and from defendants' reputation in the community. The testimony of Myrtle Hastings is characteristic:
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