Wimberli v. State, F--74--785
| Decision Date | 04 June 1975 |
| Docket Number | No. F--74--785,F--74--785 |
| Citation | 536 P.2d 945 |
| Parties | Sigemonde WIMBERLI, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Sigemonde Wimberli, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Muskogee County, Case No. CRF--73--203, for the offense of Assault and Battery With a Dangerous Weapon, in violation of 21 O.S.1971, § 645. He was sentenced to serve a term of three (3) years' imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
The State's first witness at trial was Patricia Ann Wimberli from whom the following facts were adduced. At the time of the trial the witness lived in Muskogee, but had been reared and educated in Chicago, Illinois. She stated that she was currently married to the defendant, but they were separated and seeking a divorce. She married the defendant in 1967 in Chicago, Illinois, and they had been separated several times during the period from 1967 until the time of trial. The last reconciliation occurred in April or May of 1973 and at this time she commenced her nursing studies at Bacone College. Just prior to the defendant's attacking her, they had contacted a lawyer regarding a divorce and they had been advised to attempt a reconciliation. She thereafter contacted another lawyer who told her that he would like to get in touch with her husband, the defendant. On September 13, she arrived at her anatomy and physiology class at approximately 8:50 a.m. and shortly thereafter the defendant walked into the classroom, knelt down beside her, questioned her as to the whereabouts of their children, and told her that he wanted to talk to her outside. She related to him that the class was beginning, that she had missed Wednesday's class, and that she had made an appointment to see a lawyer the next day. Thereafter the defendant grabbed her and forcibly moved her through the classroom doorway and shoved her into the ladies' room. She related a statement the defendant had made at the time he dragged her into the ladies' room, which in substance states as follows: 'come on here, don't make this any more difficult than it has to be.' While in the restroom she heard something hit the floor and upon glancing down she noticed the filet knife case from their home. She identified State's Exhibit No. 1 as said filet knife used in their home for fileting fish. She said that in the restroom her first impulse was to pull away from the defendant and that she lowered her head thus preventing the knife from cutting her throat. When she screamed, two male instructors came into the restroom and the defendant said, while holding her arms, 'you, you get back.' During the incident she sustained several cuts to the hands, shoulder blade and neck. She was hospitalized for six to seven weeks as a result of this incident and during this time she was treated by Dr. John Branscum.
Dr. John L. Branscum testified he was an orthopedic surgeon in Muskogee, whereupon his qualifications as an expert witness were stipulated to by the parties. He testified he had occasion to observe Patricia Ann Wimberli in the emergency room at which time he stated she appeared to be in a hysterical state and her body was covered with blood. He further testified that an examination revealed multiple lacerations located in the areas of the chin, neck, hand, breast and arm. He characterized the wounds about the neck and chin, thumb, breast and forearm as deep wounds. The other wounds, he stated, were superficial lacerations. He lastly testified that in his opinion the wound in her breast was a stab wound and his records reflected that she was hospitalized from September 13, 1973 to September 28, 1973, and at two subsequent times.
Robert Eyer testified that he was employed as a biology teacher at Bacone College and was so employed on September 13, 1973, and that Patricia Ann Wimberli was one of his students. He further testified that on that day Mrs. Wimberli came into his classroom at about 10:10 a.m. and thereafter the defendant entered, approached her, and began to talk quietly with her. He further stated that at about 10:30, the time for the second laboratory section to begin, the defendant forcibly dragged Mrs. Wimberli out of the classroom and he immediately proceeded to call the police. While walking to call the police, he observed the defendant drag Mrs. Wimberli into the restroom at which time he heard cries for help. Upon returning from making the call he observed Mrs. Wimberli in the hallway bleeding profusely from many wounds. He testified that he and two nursing instructors took mrs. Wimberli into another room and rendered first aid, and that thereafter she was taken to the hospital for treatment. He stated that at this time he observed what be believed to be a fish filet knife, and upon being shown State's Exhibit No. 1, he related it appeared to be the knife he had seen at that time. He at no time noticed or heard Mrs. Wimberli make any threats or exhibit any force against defendant.
Robert Ferree testified that he was a teacher and was chairman of the Humanities Division at Bacone College and was so employed on September 13, 1973, when he heard a strange noise that morning. Upon investigation, he saw Mr. Webb, another instructor, enter the restroom. He followed Mr. Webb and observed the defendant wielding a knife and struggling with a woman. Thereafter he immediately called the police. He stated that upon returning to the restroom the defendant no longer had the knife and the woman was getting up and walking out with the assistance of the nursing instructors, at which time she appeared to be covered with blood.
Luke Bluebird testified that on September 13, 1973, he was a student at Bacone College. On that morning he observed a male and female struggling and later observed the female bleeding from lacerations. He further testified that he attempted to help two men take the knife from the defendant and that the defendant tried to cut one of the instructor's legs. Upon being asked if he had heard either one of the struggling parties make a statement at that time, he testified he heard the defendant say, 'I can't have you, nobody else can,' or something to that effect. (Tr. 92)
Paul Webb testified he was an instructor at Bacone College and was so employed on September 13, 1973. On that date after hearing screams he went to the restroom door and there he saw Mrs. Wimberli with the defendant standing over her waving a fish filet knife. He further testified that he succeeded in restraining the defendant and knocking the knife from his hand. He observed blood about the restroom and the defendant was 'cutting' at Mrs. Wimberli.
Willard Butcher testified that he was a Detective with the Muskogee Police Department and was so employed on September 13, 1973. Upon being shown State's Exhibit No. 1, a knife, he identified the exhibit as the same knife which was in the room where the defendant was being held on September 13, 1973. State's Exhibit No. 1 was then admitted into evidence.
The first witness for the defense was Alma Love, who testified that she was employed as supervisor for the Lloyd E. Rader Children's Center in Sand Springs and that previously she had worked at Taft in Muskogee County as an attendant for mental patients. She further testified she had known the defendant for the past 15 years and had been the defendant's neighbor for the past two years. She stated that the defendant's reputation in the community for truth and veracity was good and that he also had a reputation in the community as being a peaceful person.
Amis Yerger testified she was a retired teacher, that she had previously taught the defendant in grade school and high school, and had known him all of his life. She stated the defendant's reputation in the community was good and that the defendant was known to be a peaceful and lawabiding person.
Vinnie Freeman testified that she had known the defendant since his childhood, his reputation in the community was good, and he was known to be a peaceful person. She further testified the defendant was active in the Mt. Zion Baptist Church, had taught in the junior class, and also aided as a volunteer in the building of a new addition at the church.
Owen Howell testified he had known the defendant all his life and the defendant was active in the church. Further, the defendant had taught Sunday School and volunteered his services for the building of a new addition to the church. He testified that the defendant's reputation in the community for truth and veracity was good.
The defendant took the stand and testified in his own behalf. He testified that he presently lived in Tahlequah, Oklahoma, and was pursuing a degree in English Education and Journalism at Northeastern State University. He stated he was married to Patricia Ann Wimberli on December 16, 1968, in Chicago, Illinois, and that since that time they had had marital difficulties and had been separated on several different occasions. He stated that the fish filet knife which had been introduced into evidence was normally kept in the kitchen drawer in his house in Boynton, and that he had never carried it. Upon being questioned about the trouble he had had at Bacone College, he testified that he had no recollection of it, that he had tried to remember, and that all he knew about it was what he had read in the newspaper and what he had heard in court.
In rebuttal, Patricia Wimberli testified that she had seen the defendant on the previous Saturday in Oklahoma City. She further testified that on the day she was attacked the defendant appeared to be acting normally and that the statement he made to her was in his usual manner of speech.
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