Williamson v. State

• Decision Date: 04 April 1978
• Docket Number: 8 Div. 3
• Citation: 370 So.2d 1054
• Parties: Billy Ray WILLIAMSON v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1054

370 So.2d 1054

Billy Ray WILLIAMSON v. STATE.

8 Div. 3.

Court of Criminal Appeals of Alabama.

April 4, 1978.

Rehearing Denied May 2, 1978.

Julian D. Butler and Steven R. Berryman of Butler & Potter, Huntsville, for appellant.

William J. Baxley, Atty. Gen. and Jack M. Curtis, Asst. Atty. Gen. for the State, appellee.

TYSON, Judge.

Billy Ray Williamson was indicted under Alabama's Death Penalty Statute (Act No. 213, General Acts of Alabama, 1975, Title 15, Sections 342(3)-342(11), Code of Alabama 1940, as amended) ¹ for the kidnapping and first degree murder of one Jessie Davenport. The jury found the appellant guilty as charged, and the trial court thereafter conducted a post-conviction hearing on the aggravating and mitigating circumstances, as required by law. The trial judge then set punishment at death by electrocution.

Mary Ann Griffin testified that on April 25, 1977, she was employed by Dr. Felton Davenport as a receptionist. Miss Griffin stated that on this date, around 7:40 a. m., she arrived at work. As she got out of her car, Mr. Jessie Taft Davenport (the deceased) called her over to his truck. She walked over to Mr. Davenport's truck and noticed that the appellant was seated with him. Mr. Davenport asked her to tell his son, "Doc" Davenport, that he would be at the Kimberly Trailer Court with the appellant, working on a little problem which had arisen. Williamson, according to Miss Griffin, was resident manager at the trailer park.

June Knox stated that she lived at the Kimberly Trailer Park in Decatur, Alabama, on April 20, 1977. She stated that on this date she saw "Pop" Davenport, along with the appellant and another man, around 8:30 a. m., working at the park's treatment plant.

Judy Smith indicated that she was a dental assistant, employed by Dr. J. Felton Davenport. Miss Smith stated that on April 25, 1977, around 10:45 a. m., she received a telephone call at the dental office. When she answered the phone, the caller asked to speak with "Doc" Davenport about his father. According to Miss Smith, she buzzed "Doc" Davenport back in the lab and he answered the call.

Dr. J. Felton Davenport testified that he had known the appellant since 1971 and that the appellant had been employed by him and his father for several years as a "handy-man" before he became the resident manager of the trailer park. Dr. Davenport stated that he received the phone call on April 25, 1977. He stated that the caller was holding his father for ransom and told him if he contacted the police he would never see his father again. Dr. Davenport related that the caller said he would give further instructions to him later and then hung up the phone. Dr. Davenport testified that he notified the police.

Dr. Davenport indicated that around 7:20 p. m. that same day he received a second phone call at his residence. The voice sounded to him as if it were the same man with whom he had spoken earlier in the day. Dr. Davenport related that he was told by the caller to go to a cabin at Rivermont Oaks (a new subdivision) and place $100,000.00 in a brochure box, then wait. According to Dr. Davenport, the voice on the phone was not that of the appellant.

Mrs. Doris Seibert testified that she was employed as a bookkeeper for Dr. Davenport. She stated that on April 25, 1977, around 11:00 a. m., she and Marie Aldridge (her assistant) left the office to look for Mr. Davenport. They found his truck in the Southland Plaza Shopping Center parking lot in Decatur, Alabama, around 11:45 a. m.

Andrea Jane Loosier testified that she lived at Lot No. 22, Kimberly Court, in Decatur, Alabama. Mrs. Loosier stated that on April 25, 1977, around 8:00 p. m., she went to the appellant's trailer to dry some clothes. While there Mrs. Loosier indicated that the following occurred (R. pp. 582-585):

"Q. Would you relate to the ladies and gentlemen of the jury the facts and substance of this conversation that you had with the defendant there in his trailer on the night of Monday, April 25, 1977?

"A. Well, I was sitting there while my clothes dried and I had made a phone call, had used their phone to make a phone call and the television was on and Mr. Williamson said to me 'Would you do me a favor' and I said, 'I will if I can,' and he said, 'Would you pick up a package for me?' You know, I thought the post office or something is all that run through my mind at the time and I said, 'Where do I have to go?' He said, 'A little ways out of town.' You know, then that confused me and I said, 'What is it?' He didn't give me no answer then and so I asked him why he didn't go after it and he said that his car and truck had already been seen around town too much and I said, well, I didn't know where to go or anything and he said he would tell me where to go. I said, 'Well, if I go is there anything in it for me?' And he said, 'A hundred dollars.' So, immediately my mind related to drugs, narcotics being in a package that would be out in the woods some place is what came to my mind and so I said to him, I said, 'Well, is it drugs in there? Is it drugs what it is?' He never really said yes, but he during the conversation he let me believe that it was narcotics in the package until the time that I heard it on the radio I

"MR. BUTLER: We object, Your Honor.

"THE COURT: All right. Stop at that point.

"Q. Tell us the substance of the conversation.

"A. Well, I thought it was like I said, I thought it was narcotics in a package. So, I told him, I said, 'Well, can you get any time for it,' and he said, 'About twenty years in the pen,' so that made me even more believe it was narcotics. So I told him, I said, 'Bill, man, that ain't no way to go, not drugs,' and he said, 'Well, I got to pay these bills some way or got to have some money some way.' I am not really sure exactly of the words, and so he said, 'Would you do it for two hundred dollars?' Then at this time he said that he would go with me and that all I would have to do is just drive the car, back it up and he would get out and get this package and get back in the car. For two hundred would I go for the two hundred dollars. I said, 'No, I need the money but I can't use no twenty years in the penitentiary for getting caught,' and I said, 'What if you got caught out there,' and he said, 'Well, if you go and we get caught, I have never seen you and I don't know who you are and run like hell.' So, at that time I refused. I still wouldn't go and I got up and left at this time."

Mrs. Loosier indicated that she telephoned a woman friend who worked for the Police Department on April 28, 1977. Two detectives came to see her. Mrs. Loosier advised that she informed the two of them of what had transpired between the appellant and herself.

Bobby Ray Albrecht testified that on April 25, 1977, the appellant came to his trailer around 10:00 p. m. Albrecht stated that the appellant told him that he wanted to take a ride, so the two of them got in Albrecht's car and drove off. The appellant gave directions, and this ride ended near Rivermont Oaks. The appellant stated that he was going to take a walk and for him to be back within twenty minutes. Albrecht stated that he drove about for twenty minutes and upon his return the appellant got in the car and told him to hurry up and drive. He did so, and they went back to the trailer park.

Albrecht testified that on Tuesday, April 26, 1977, around lunch time, Williamson came to his trailer while he was playing cards with some friends. The appellant sat down for a few minutes and then left. Albrecht stated that around twenty-five minutes later his friends left and he went to appellant's trailer to find out what he wanted. Albrecht indicated that Williamson was outside his trailer and the following conversation took place (R. p. 597):

"A. He asked me if I wanted to make twenty-five thousand dollars. Said all I had to do was make a telephone call and tell him where to deliver the money and pick it up and bring it back to him and he would count me out twenty-five thousand dollars then."

Albrecht testified that he told the appellant he would think about it and he never saw him again.

Wallace L. Higgins testified that he was employed as a special agent with the Federal Bureau of Investigation, Gadsden, Alabama, Division. Higgins stated that on Wednesday, April 27, 1977, he went to the home of Bradley Eugene Jackson in Fort Payne, Alabama. There Higgins conducted a search of a 1969, bronze colored Dodge Charger at this residence. In searching the vehicle, Higgins indicated he found a paper bag which contained a light blue shirt and two sport coats.

Brent Wheeler testified that he was employed as criminologist by the State of Alabama for the Department of Toxicology and Criminal Investigation. Wheeler advised that he participated in the search of a 1969 Dodge Charger in Fort Payne, Alabama, on April 27, 1977. He stated that one white canvas shoe, one blue shirt, one three-quarters by eighteen and one-half inch pipe, one R. C. drink bottle, one brochure map of Rivermont Oaks, and one piece of a trunk mat, all of which had blood stains on them were found in the automobile. Wheeler stated that he also removed some hair from the trunk of the automobile. He indicated the hair in the trunk matched that of Jessie Davenport. All of these items were later turned over to Toxicologist Martha Odom.

James Wayne Kyker, a detective with the City of Decatur, testified that he participated in the investigation of Jessie Taft Davenport's disappearance. This investigation led him to a wooded area in Cullman, Alabama, where he found the body of Jessie Taft Davenport.

James M. Buttram, State Toxicologist, testified that on April 28, 1977, he conducted a post-mortem examination of Jessie Taft Davenport. Buttram related that Davenport's death was the result of multiple blunt force blows delivered to the head which caused multiple breaks or fractures, resulting in hemorrhaging within the skull.

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