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State v. Harris5/23/2005
ived a call from the defendant around 12:45 on December 14, 2002, whereupon the defendant told her that he wanted to turn himself in. Ms. Cubine told the defendant to find a police officer. Later, Ms. Cubine learned of Ms. Covington's death.
The defendant was later arrested and taken into custody by police in Texas. After being arrested and advised of his Miranda rights, the defendant confessed in writing to shooting his girlfriend and brother. Later the defendant was transported back to Lauderdale County. After being advised of his Miranda rights for the second time, he wrote out another statement to police. The defendant's statement stated in relevant part that, " took the pistol out of the jacket pocket that she had on, placed it to her head and pulled the trigger. Then turned the gun on brother."
An autopsy was performed on Ms. Covington. From the autopsy, it was determined that Ms. Covington died from a gunshot wound to the head. The autopsy also revealed that Ms. Covington had multiple bruises on her arms and legs and was legally intoxicated at the time of her death. A bullet fired from the .38 revolver was removed from Ms. Covington.
The Silverado truck and the defendant's clothing were also brought back to Lauderdale County. After inspecting the truck, police investigators recovered a bullet shot from a .38 revolver. Firearm and ballistic tests confirmed that the bullet found in the truck and removed from Ms. Covington was fired from the same .38 revolver found at the crime scene. After examination of the defendants's clothing, investigators found blood stains on them. DNA tests of the blood on the defendant's clothing revealed that the blood came from Ms. Covington and David Harris.
The jury convicted the defendant of attempted second degree murder of David Harris, voluntary manslaughter of Ms. Covington, and theft of property valued between $10,000 and $60,000. The trial court sentenced the defendant as a Range I, standard offender to twelve years for the attempted second degree murder conviction, six years for the voluntary manslaughter conviction, and five years for the theft of property conviction. The trial court ordered the sentences to run consecutively for an effective sentence of twenty-three years.
II. Analysis
A. Motion to Suppress
The defendant argues that his statements to police and writings found in his journal should have been suppressed. Specifically, he claims to have been suicidal or heavily medicated, or both, when giving statements to law enforcement authorities. Regarding his journal, the defendant asserts that the journal was his private property and he was unaware that it would be used against him.
At the suppression hearing, Investigator Herron testified that he was assigned the task of picking the defendant up in Texas and transporting him back to Lauderdale County. Investigator Herron stated that upon meeting the defendant he advised the defendant of his Miranda rights and the defendant signed a waiver. Investigator Herron testified that Texas law enforcement authorities informed him that the defendant had already written out a statement after being advised of his Miranda rights.
Investigator Nelson testified that he was also informed by Texas authorities that the defendant had been advised of his Miranda rights prior to giving a statement. Investigator Nelson testified that the Texas authorities had videotaped the process. The videotape was offered into evidence and reviewed by the trial court. Investigator Nelson testified that when he met with the defendant at the Lauderdale County Justice Center, he advised the defendant of his Miranda rights and the def
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