Williams v. State

• Decision Date: 21 August 1979
• Docket Number: 1 Div. 976
• Citation: 375 So.2d 1257
• Parties: James Ceefers WILLIAMS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1257

375 So.2d 1257

James Ceefers WILLIAMS v. STATE.

1 Div. 976.

Court of Criminal Appeals of Alabama.

Aug. 21, 1979.

Rehearing Denied Oct. 2, 1979.

Al Pennington, Mobile, for appellant.

William J. Baxley, Atty. Gen. and Mary Jane LeCroy, Asst. Atty. Gen., for the State, appellee.

DeCARLO, Judge.

Murder, first degree; life.

The appellant was indicted by the Mobile County Grand Jury for the first degree murder of David Thomas. His request to be treated as a youthful offender was denied and, after arraignment, he was adjudged an indigent.

Counsel appointed for the appellant's defense at trial was also appointed as appellant counsel. Prior to trial, various motions were filed and ruled on, among them a motion to suppress any alleged inculpatory statements; a motion challenging the indictment; a motion to quash the petit jury venire, alleging that the exemption of certain persons from the jury venire was constitutionally impermissible; a motion to "voir dire" the jury; and a motion to produce. All of these motions were denied with the exception of the motion to produce, which was substantially granted on "all points."

After a trial by jury, the appellant was found guilty and sentenced to life in accordance with the jury's verdict. The appellant filed a motion for new trial, which was also denied after a hearing.

The testimony presented by the State was, as follows:

Gary Jackson, the brother of the victim, David Thomas, testified that, prior to December, 1977, his brother was a school teacher and taught music in Marshall, Texas. According to Jackson, the last time he saw his brother alive was on December 23, 1977. He stated that, at that time, his brother was driving a "champagne brown" 1977 Thunderbird, with a Texas license plate.

During the trial, he identified State's Exhibits 1 and 2 as photographs of his brother's automobile and said that he had seen the automobile two days after Christmas at the intersection of St. Stephens and Stone Streets in Mobile, Alabama. Jackson said it was "about dusk dark" and he saw three black males in the car "wearing what they call skull caps."

During the trial, he identified the photographs of his brother's body and stated that he had seen his brother's body at the "U.S.A. Medical Center" in Mobile, Alabama.

David Anderson, fourteen years of age, testified that he and his younger brother, Darrell Anderson, and some friends were near the "WGOK" radio station in Mobile, Alabama, on January 1, 1978. According to Anderson, he and his brother and their friends were riding their bicycles in that area when they found a man's body. He said the body was lying near some bushes and that, when they went over to the body, they found that "some of the face was gone."

Anderson said they reported it to the station manager and that police were subsequently called. During the trial, he identified photographs of the man's body which he had seen at the radio station on that date.

During cross-examination, he testified that he did not see any cars or anyone in the vicinity of the body. Further, he said that he did not touch the body or pick up anything near the location of the body.

Mary Singleton Taylor lived at 808 Donald Street in Mobile, Alabama, on December 30, 1977. She testified that, on that day, she saw a grey car parked near the driveway at her home. According to Ms. Taylor, no one was in the car at the time and she recalled first seeing the car on the Tuesday night after Christmas. She said that the car remained there until her husband called the police on December 30, 1977.

During the trial, she identified State's Exhibits 1 and 2 as pictures of the car that she saw parked near her house.

During cross-examination, she said she did not see anyone near the car nor did she go near the car during that time. Further, she stated that she did not see the car again after it was towed away.

Ladresta Marie Jackson, the sister of the deceased, David Thomas, testified that the last time she saw her brother alive was on December 24, between 9:30 and 10:00 P.M. She said he was in "top physical condition" and that he was driving a 1977 Thunderbird.

During the trial, she identified State's Exhibits 1 and 2 as pictures of her deceased brother's automobile.

Officer James E. Mayo, Sr., of the Mobile Police Department, testified that he saw the automobile, depicted in State's Exhibits 1 and 2, parked near the Amvet's Club at 1204 Davis Avenue in Mobile, Alabama, on the morning of the last Wednesday in December of 1977. He said that no one was in the car at the time and that the car had a Texas license plate.

Further, he said that Sgt. Beadnell and an "ID officer arrived within forty minutes afterwards.

According to Mayo, he and the officers searched the area where the body was discovered and found an address book, blue in color, with some "flower designs" on it. He said that the address book contained addresses from the Pritchard, Mobile, and Texas areas. Further, he said that he was not positive, but he believed that the name of the deceased was written in the front of the address book.

Further, he said that, about twenty or twenty-five feet from where the body was located, they found "partial pieces of bone fragments, skull fragments, and pieces of hair." He said all these items were turned over to Sgt. Beadnell.

Mayo also recalled that, on January 1, 1978, he was at the Mobile Police Station with Sgt. Robinson, Sgt. Lockett, Sgt. Raymond Smith and Lt. William Milne. He said that, at that time, he saw the appellant, James Ceefers Williams, in the interrogation room at the police station. Further, he said that he also saw Earnest James, also known as "Dod Yank," and said that he had known him for about two and a half years.

Mayo recalled that, at the time he saw the appellant on that date, appellant was wearing a "tee" shirt, bluejeans and a pair of "earth-type hush puppies" shoes with the laces untied. According to Mayo, the shoes the appellant was wearing appeared to be covered with numerous drops of dried blood.

Mayo said that, when he observed Earnest James ("Dod Yank") on that day, Earnest James had an upper tooth missing and a bad bruise on his cheek "that had had time to yellow." Further, he said that James' right hand was swollen in the knuckles and that the palms of both hands "were cut up by some type of object."

According to Mayo, he had seen James or, "Dod Yank," a week earlier and he did not have a missing tooth or the bruises.

Also, Mayo said he knew the appellant and had known James for about two and one-half years.

During cross-examination, Mayo acknowledged that he did not know how James had sustained the injuries and said that, at the time he saw the appellant on that day, the appellant did not appear to have any injuries.

Glenn Wyley testified on behalf of the State and acknowledged that he had been convicted of grand larceny, auto burglary, and robbery. He testified that he had known the appellant, James Ceefers Williams, for about four years and Earnest James for about two years.

Wyley recalled that, about 4:00 A.M., December 25, 1977, he saw the appellant and James at the Amvets Club in Mobile, Alabama. He said that they were alone at that time and both were drunk. Further, he said that, when they came in the door, they had "blood and stuff on their clothing."

According to Wyley, when he and the two men subsequently left the club, the appellant told him that "he had killed somebody and he showed me the keys and showed me the car and he asked me did I want a ride and I told him no." Wyley said at that point the two men drove away in a new Thunderbird with Texas license plates.

During the trial, Wyley identified State's Exhibits 1 and 2 as photographs of the car he saw on that occasion. He stated that, two days after Christmas, he again saw the car going up Davis Avenue in Mobile, driven by the appellant with James and some other people in the car. He said that, after he saw the car on that occasion, he never saw it again.

During cross-examination, Wyley testified that he had been drinking beer and wine for about six hours on the day he saw the appellant at the Amvets Club and that he had "drunk enough to make me all right." Further, he said he was "picked up" by Officers Mayo and Duff and that he had talked with Sgt. Lockett at headquarters at the police building. He said that he had talked with Sgt. Lockett both before the trial and on the day of the trial.

On further questioning, Wyley testified that the blood he saw on the clothing of the appellant and James was "still kind of wet like."

Edwin L. Scott was a licensed physician and pathologist at the Mobile Infirmary, and the assistant county coroner. He testified that he performed an autopsy on the body of the deceased, David Thomas, on January 3, 1978, and said that the autopsy was performed on three different days, as a "continuation." Dr. Scott testified that there were multiple lacerations and abrasions upon the body, but primarily to the head. He stated that, "(t)here was a severe defect on the entire left side of the skull so that the left ear was completely missing. Extensive skull fracture at this point. Three other lacerations on top of the head with skull fractures beneath these lacerations. There was extensive brain damage beneath the skull fractures. There were several lacerations and bruises on the arms and on the neck."

It was Dr. Scott's opinion that the wounds on the head were caused by "(s)ome type of heavy blunt instrument which probably had a sharp edge at one end or the other because there were small punctate marks in addition to these lacerations."

In his opinion, the cause of death was "(t)he multiple blows to the head with subsequent skull fractures and brain damage." Further, he said, from his examination of the body, it was his estimate that the person had been dead about "three to five days."

Erin Jordan, Jr., was eighteen years of age and, at the time...