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State v. Conyers9/5/2003
I. Factual Background
On April 6, 2001, at approximately 7:30 p.m., eighty-six-year-old Mildred Parker had just sat down to watch "Diagnosis Murder" when she heard a knock at the front door. Because it was unusual for anyone to use her front door, Mrs. Parker did not open the door, but instead looked out the window to see who was knocking. When she looked out the window, a black male, later identified as the appellant, inquired about purchasing her car. Mrs. Parker informed the appellant that the vehicle was not for sale, but the appellant insisted on speaking with her. Mrs. Parker shook her head and told him, "No." She then walked to the back of the house to ensure that the back doors were locked.
When Mrs. Parker reached the back door, she observed the appellant "walking up the ramp . . . [with] a big, fat rock in his hand." The appellant demanded that Mrs. Parker open the door, but she refused. The appellant then became belligerent and yanked on the door, shouting, "You bitch you, I'll kill you and get your money. Open this door." As Mrs. Parker turned to run into the bedroom, the appellant shattered the glass in the back door with his hand. Mrs. Parker proceeded to the bedroom where her deceased husband had hidden a loaded .38 Special revolver. She grabbed the revolver, but her arthritis prevented her from being able to pull the trigger. By this time, the appellant had entered the house and reached the bedroom. Mrs. Parker then ran through the house to the kitchen door and attempted to exit the house. Before she could escape, the appellant "grabbed by the hair and pulled back in."
The appellant's hand was bleeding profusely. Mrs. Parker testified at trial that the appellant "didn't want any of his blood there and he started wiping up all the blood," using towels, cooking gloves, rugs from the kitchen floor, and a red and white checked apron. After attempting to clean up the blood, the appellant demanded money from Mrs. Parker. Mrs. Parker led the appellant into a small office and gave the appellant "a little over $500" that she had received for her birthday. The appellant was not satisfied with this amount and demanded more money, but Mrs. Parker informed him that she had no more. The appellant then stated, "Well just write me a check for $500.00 and I'll go." Mrs. Parker told the appellant that she did not have $500, and instead wrote him a check for $200. Thereafter, the appellant forced Mrs. Parker to write a note on the back of another check, which note read, "I'm suicidal myself."
By this time, Mrs. Parker was covered in blood. She explained at trial that " t was all [the appellant's] blood . . . because I hadn't been hurt cut at the time." The appellant made Mrs. Parker go into the bathroom, undress, and shampoo her hair. He then helped Mrs. Parker rinse the shampoo and blood from her hair.
Thereafter, Mrs. Parker dressed in a pair of pajamas and sat on the sofa in the living room. The appellant handed Mrs. Parker her purse. Complying with his instructions, Mrs. Parker took out her billfold and "gave [the appellant] what money was in there."
Thereafter, the appellant approached Mrs. Parker, put a white telephone cord around her neck, and proceeded to choke her. Finding the white cord to be insufficient to choke Mrs. Parker, the appellant wrapped a brown extension cord around her neck. Still unsatisfied with his progress, the appellant pulled Mrs. Parker off the sofa and began yanking up and down on the extension cord, banging her head into the floor. Mrs. Parker was able to prevent the appellant from choking her by placing two fingers under the cord. The appellant then hit Mrs. Parker in the head with an unknown
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