Gray v. State
Gray v. State
Opinion of the Court
Following a jury trial, Bobby Eugene Gray appeals his convictions for murder and related crimes, contending that the evidence was insufficient to support the verdict, the verdict was contrary to and against the weight of the evidence, and that the trial court and defense counsel made certain evidentiary errors.
1. In the light most favorable to the verdict, the record shows that, on November 9, 2001, James Stewart Odom picked Gray up from a friend's house, and the two men drove around drinking and smoking crack cocaine. Over the course of the night, Odom and Gray made several drug purchases, which Odom paid for because Gray did not have any money *251at the time. At one point, Odom and Gray went to a body shop where Gray worked so that Gray could get money for another drug transaction. Gray spoke with someone inside the shop, and then told Odom to call the drug dealer and set up another purchase. However, when Odom and Gray later met the drug dealer, Gray admitted that he would not actually have money until the next day, so Odom paid for the drugs again. Still looking for more money to fund drug transactions, Odom suggested that they ask an acquaintance, Buford Evans, for cash. Around 6:30 a.m., Gray and Odom drove to Evans's house, and Evans invited them in and agreed to lend them twenty dollars. Odom testified that Evans had additional money, which Evans put back in his pocket after handing Odom and Gray the twenty dollars. When Gray and Odom got in the car to leave Evans's home, Gray stated that he forgot his cigarettes and ran inside to get them. After not hearing from Gray for a few minutes, Odom went into the house and found Evans with his back to the wall and his hands up, and Gray with a knife raised toward Evans. Although Odom testified that he did not see Gray stab Evans, he did testify that he saw cuts above Evans's right eye and blood coming from his head. Odom further testified that he was "freaking out" and trying to get Gray to put down the knife. At one point, Odom cut his own hand while grabbing Gray's arm in an attempt to get him to put down the knife. Odom then sat Evans down on the floor and tried to call 911, but Gray pulled out a gun, and pointed the gun at Odom and Evans while yelling at Odom to leave. At this point, Odom attempted to help Evans back up on the couch, but Gray grabbed Odom by his collar to get up and leave, making Odom fall on top of Evans. Instead of leaving, Odom propped up Evans on the couch and went to the kitchen to find something to help clean up Evans's blood. When Odom returned with a rag, Gray told him to wipe up any of his bloody fingerprints, like he had just done himself.
Evidence collected and observed by law enforcement supported this version of events. On November 13, 2001, Officer Paul Garland was dispatched to Evans's house, where he found Evans's dead body, covered in blood and slumped over on the couch. Evans had lacerations to his head and stab wounds on his chest. The GBI medical examiner confirmed Evans's cause of death was from one of two stab wounds to the chest, inflicted by a cutting instrument like a knife going at least "two to three inches" into Gray's heart.
On November 14, 2001, Gray was placed under arrest at the Clayton County Police *252Department. Gray signed a waiver of rights form two separate times, and engaged in two interviews with Detective Michael Harris that took place less than an hour apart. During the second interview, Gray confessed that he was with Odom on the night of the murder, that he and Odom had discussed wanting money from Evans at some point during the night, and that he went into Evans's house and picked up the trophy while inside.
Gray contends that there was insufficient evidence to convict him of the crimes for which he was found guilty. We disagree. The evidence presented at trial was sufficient to enable the jury to find Gray guilty beyond a reasonable doubt of the crimes for which he was convicted.
2. Gray contends that the evidence was sufficiently close to warrant this Court to exercise discretion pursuant to the general grounds set forth in OCGA § 5-5-20 and OCGA § 5-5-21, and grant Gray a new trial. We disagree.
As this Court has previously explained,
[a] motion for new trial based on OCGA § 5-5-20, i.e., that the verdict is contrary to the evidence, addresses itself only to the discretion of the trial judge. Whether to grant a new trial based on OCGA § 5-5-21, i.e., that the verdict is strongly against the evidence, is one that is solely in the discretion of the trial court, and the appellate courts do not have the same discretion to order new trials.
(Citation omitted.) Dent v. State,
3. Gray contends that the trial court erred in failing to suppress his in-custody statements to law enforcement on November 14, 2001. Specifically, Gray argues that, because Detective James Walker violated his rights by having a conversation with him after he told Detective Harris that he did not wish to speak any longer, his ensuing statements should be suppressed. We disagree.
The United States Supreme Court has held that when an individual in custody "indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease," and "any statement taken after the person invokes his privilege cannot be other than the product of compulsion." Miranda v. Arizona,
Testimony at the Jackson - Denno hearing showed that, when Gray was brought into the station, Detective Walker sat with him until Detective Harris was available. At that point, Detective Harris began the interview with Gray without Detective Walker in the room.
"On appeal, the reviewing court must accept the trial court's findings of disputed fact regarding 'initiation' unless clearly erroneous." Mack,
Here, Gray's right to remain silent was not violated. First, it is not in dispute that Detective Harris "scrupulously honored [Gray's] ... invocation of his right to remain silent by immediately stopping his interview and physically exiting the interview room." Griffin v. State,
Further, to the extent that Detective Walker's later responses to Gray's comments about being framed and his fingerprint being on the trophy could be characterized as an interrogation, Gray initiated the renewed *254contact by "speak[ing] up first" and thereby "reflect[ing] a desire to discuss the investigation at hand." Mack, supra,
Judgment affirmed.
All the Justices concur.
On March 5, 2003, Gray and James Stewart Odom were indicted for murder, felony murder, two counts of aggravated assault, armed robbery, and possession of a weapon during the commission of a crime. Odom was found guilty of these crimes in a separate trial on September 12, 2003. Following a March 8-12, 2004 jury trial, Gray was also convicted of all counts charged against him. On March 19, 2004, Gray received a life sentence for malice murder, ten years for armed robbery to run consecutively to the life sentence, and five years for possession of a weapon during the commission of a crime to run consecutively with the life sentence and the armed robbery sentence. The trial court merged the first aggravated assault count into the malice murder count, and the second aggravated assault count into the armed robbery count for sentencing purposes, and although the trial court also purported to "merge" the felony murder count into the malice murder count, the felony murder count was actually vacated by operation of law. See Malcolm v. State,
[Gray] may file another request for an out-of-time appeal in the trial court. If the trial court grants an out-of-time appeal, [Gray] will have 30 days from the entry of the trial court's order within which to file a notice of appeal.
On June 4, 2018, Gray filed a request for an out-of-time appeal with the trial court, and the trial court granted the appeal on the same day. Gray then filed this timely notice of appeal on July 6, 2018. See Rowland v. State,
Gray's fingerprint was later found on a bloodstained trophy in Evans's house.
The GBI examiner also testified that this type of wound could take several minutes to kill someone after the victim is stabbed.
The GBI examiner also testified that the marble base of a trophy, if used to inflict blunt force trauma, would cause the same type of abrasions found on Evans's head.
We note that, because the trial court vacated the felony murder count and merged both counts of aggravated assault, those counts do not amount to actual "convictions." Slack v. State,
It is not disputed that Gray was not in custody when he was first brought into the station.
It is not disputed that Gray validly waived his Miranda rights during the first interview with Detective Harris.
Detective Walker testified at the Jackson - Denno hearing that he went back into the interview room because Gray had requested to speak with him. Gray and Detective Walker had known each other for over twenty years. He also testified that he went back into the room because Detective Harris sent him to watch over or "babysit" Gray.
Detective Harris noticed blood on Gray's clothes during their initial conversation, and sent the ID technician and photographer into the room along with Detective Walker.
Reference
- Full Case Name
- GRAY v. The STATE.
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- Published