Watkins v. State
| Decision Date | 22 April 1986 |
| Docket Number | 6 Div. 118 |
| Citation | 495 So.2d 92 |
| Parties | Darryl Travis WATKINS v. STATE. |
| Court | Alabama Court of Criminal Appeals |
J. Mark White, Demetrius C. Newton, and William Alexander Ellis III, Birmingham, for appellant.
Charles A. Graddick, Atty. Gen., and Martha Gail Ingram and William D. Little, Asst. Attys. Gen., for appellee.
Appellant, Darryl Travis Watkins, 1 was indicted for the capital murder of Officer Edward K. Alley, in violation of § 13A-5-31(a)(5), Code of Alabama (Supp.1978) (repealed 1981). On February 3, 1983, a jury found appellant guilty as charged in the indictment. The State asked, at the request of Alley's family, that appellant be sentenced to a term of life imprisonment without parole. The court instructed the jury accordingly, and the jury returned a recommended sentence of life without parole. Subsequently, the trial court imposed a sentence of life imprisonment without the possibility of parole. The court determined that appellant was indigent and appointed trial counsel to represent Watkins on appeal.
On December 25, 1980, Christmas day, Ms. Carol Evans was employed by the Majik Mart convenience store on 5th Avenue South in Birmingham. At approximately 12:15 p.m. a black male with a "silver" pistol entered the store and ordered Evans and the customers against the wall while he took the money from the cash register. The man then told Evans to open the safe in two minutes or "he'd blow my head off." Evans opened the safe and the "change bag" was taken from it. Evans observed the man leave in a 1973 to 1976 Chevrolet Nova. The police were called and informed of the robbery; however, an alarm attached to the cash register had already been activated during the robbery. Evans did not get a tag number, nor could she testify to the number of occupants in the Nova as it drove off.
Evans testified that appellant was not the man who committed the robbery. A photograph of Benny Ray Jones was shown to Evans, and she identified Jones as the man who committed the robbery.
Officer George C. Rhodes of the Birmingham Police Department received a dispatch at approximately 12:28 p.m. informing him of a "robbery in progress" at the Majik Mart on 5th Avenue South. Rhodes was directed to "cover" 5th Avenue South, and Officer Alley (the victim) was directed to "catch Crestwood Boulevard." Alley radioed that he was behind a car matching the description of the robbery suspect's car, and that he was approaching Oporto-Madrid Road from Crestwood Boulevard. Rhodes proceeded toward Crestwood Boulevard as Alley reported the tag number of the car, which he had in the meantime stopped. The next radio dispatch Rhodes heard was from a "civilian" saying that an officer was down. Rhodes arrived at the intersection of Oporto Road and Crestwood Boulevard shortly thereafter and found Alley "laying in the street on his back in a pool of blood." Alley was still alive, but could not talk. Later that day Alley died of shock resulting from loss of blood from a gunshot wound to the right side of his chest.
Rhodes stated that he never saw the vehicle stopped by Alley. Alley's weapon was received by Rhodes from a "civilian" at the scene. The weapon was inspected by Rhodes and he determined that it had been fired.
Several eyewitnesses were present at the intersection of Oporto and Crestwood when Alley stopped the blue Nova. These witnesses basically testified to the same set of facts. The State's primary witness was Robert Echols, who was at the scene when Alley halted the blue Nova. Echols saw Alley standing behind the Nova with his gun drawn. Echols made a U-turn, crossed the median, obtained a direct view of the scene, and stopped to watch. As Echols stopped his vehicle, he observed the driver of the Nova get out and put his hands on top of the car. The passenger had his hands on the dash until he moved to get out of the car. The passenger was getting out of the car from the driver's side of the vehicle when he shot Alley. The driver got back in the car and drove off. Echols followed the Nova to the entrance of the interstate highway until a police car moved between them. Echols observed the passenger of the Nova place his gun out the window and fire at the police car. The Nova and police car pulled away from Echols and he exited the interstate to return to the scene of the shooting. Echols identified Benny Ray Jones at a lineup conducted on December 27, 1980, as the passenger of the Nova, but was unable to identify the driver.
Richard McPherson testified that he was stopped at a traffic light at Oporto and Crestwood when he observed Alley pull behind a small blue and white car occupied by two black males. McPherson observed the occupants go "down in the floorboard" of the vehicle, "like they were grappling around." Alley got out of his patrol car, walked toward the car and pulled out his weapon. The occupants put their hands on the dash. The driver got out and put his hands on the roof of the car. Alley was about five feet from the driver. McPherson testified that the passenger "swung around and there was a shot." The driver "turned around and it looked as if he pushed the officer and jumped back in," and left at a high rate of speed. According to McPherson, the passenger never got out of the car. McPherson then ran to the police car and radioed that "the officer in Car 82 had been shot." On cross-examination, McPherson testified that he did not hear the shot or see a gun; however, he stated that he observed two flashes and movement by the passenger and Alley. He stated that the first flash came from inside the Nova before Alley fell.
Robert A. Enoch observed a blue car occupied by two black males in front of him as he was traveling down Crestwood Boulevard. A patrol car passed Enoch, with its emergency lights operating, and pulled behind the blue car. The passenger of the blue car adjusted the rear view mirror and then looked at the driver. Enoch observed Alley get out of the patrol car with his gun drawn before he passed the front bumper of the patrol car. Alley tapped the back window of the Nova twice with his pistol. The traffic light changed and Enoch made a turn. Enoch looked back and saw one of the occupants of the Nova standing beside the vehicle and facing Alley. Enoch saw nothing further.
Carol Nunnally observed a patrol car stop a blue and white Nova occupied by two black males. Alley approached the Nova and looked in the back seat. Alley's weapon was drawn and, with it, he motioned for the driver to get out of the car. According to Nunnally, the driver never got fully out of the vehicle before the passenger reached out and she heard two shots. Nunnally stated that all she saw was smoke coming from both of them. Alley fell back and the driver "slumped over" in the seat of the Nova. Seconds later the Nova drove off. Nunnally could not identify the occupants of the Nova. On cross-examination Nunnally stated that the driver was back in the car when the shots were fired and that Alley had his gun "down" when he approached the Nova.
Officer John T. Ellis of the Homewood Police Department was off-duty as he approached the Oporto-Crestwood intersection. Ellis heard gunshots and saw Alley "fly into the air and fall to the ground." Ellis did not see where the shots came from or who fired them. When Ellis arrived at the patrol car, he radioed for help and then proceeded to secure the crime scene. He obtained Alley's weapon and the spent shell, which he turned over to a Birmingham police officer.
Sgt. John C. Lanman heard the dispatch instructing Alley and Rhodes to proceed as ordered. Lanman had not been instructed to proceed to any designated area, although he was on his way to the intersection of Oporto and Crestwood when Alley radioed that he was stopping the suspect vehicle. As Lanman was approaching the I-20 entrance, he observed a car matching the description of the suspect car traveling at a high rate of speed up the ramp. Lanman followed the car onto the interstate highway when the passenger reached out and fired twice at Lanman's patrol car. The bullets fell between the two cars. Lanman followed the Nova to the 1st Avenue South exit and was unable to keep up after the Nova exited the interstate. Lanman could not identify either occupant of the Nova.
Officer William T. Gaut of the Birmingham Police Department was called to the scene at approximately 12:35 p.m. Alley had been transported to the hospital. Gaut was placed in charge of the investigation.
Gaut ran a check on the tag number Alley had reported. As a result of this check, Gaut and others proceeded to a certain address, where they talked with Jones's sister. Gaut obtained the tag number and description of a second vehicle, a Dodge, which belonged to Jones's sister. This second vehicle was located at the Bama Motel on 1st Avenue North. When Gaut arrived at the Bama Motel, the area was being evacuated, except for Room 19 where the suspects were believed to be hiding. For a two-hour period, the authorities attempted to make contact with the occupants of Room 19. Eventually, the police were required to make a forced entry into the room whereupon they discovered appellant and Benny Ray Jones. Gaut next saw appellant at Cooper Green Hospital where appellant was being treated for a gunshot wound to the hip.
While appellant was being treated in the hospital, he made a statement, after proper warnings in compliance with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), were given, in which he took full responsibility for the robbery and shooting. According to this statement, Jones was an unwilling participant. This statement was recorded and later transcribed.
An evidence technician at the robbery site found the fingerprints of Jones on certain articles left in the store by the robber. Evidence technicians also...
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