Bo Dukes v. State

CourtCourt of Appeals of Georgia
DecidedSeptember 2, 2022
DocketA22A0633
StatusPublished

This text of Bo Dukes v. State (Bo Dukes v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bo Dukes v. State, (Ga. Ct. App. 2022).

Opinion

FIFTH DIVISION MCFADDEN, P. J., GOBEIL and LAND, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

September 2, 2022

In the Court of Appeals of Georgia A22A0633. DUKES v. THE STATE.

LAND, Judge.

After a jury trial, Bo Dukes was convicted of two counts of making a false

statement, one count of hindering apprehension or punishment of a criminal, and one

count of concealing the death of another. He appeals from the denial of his amended

motion for new trial, arguing that the trial court erred in admitting his confessions and

in failing to merge several of his convictions during sentencing. We find no error and

affirm.

“On appeal from a criminal conviction, we view the evidence in the light most

favorable to the verdict, with the defendant no longer enjoying a presumption of

innocence.” Reese v. State, 270 Ga. App. 522, 523 (607 SE2d 165) (2004). We

neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution,

“any rational trier of fact could have found the essential elements of the crime beyond

a reasonable doubt.” (Emphasis omitted.) Jackson v. Virginia, 443 U. S. 307, 319 (III)

(B) (99 SCt 2781, 61 LE2d 560) (1979).

So viewed, the record shows that in 2006, Dukes and John McCullough

attended basic training together at Fort Sill Army Base in Oklahoma. During the

Christmas holiday, McCullough traveled to Dukes’ hometown of Ocilla, Georgia, and

the two men drove past a missing person’s billboard for Tara Grinstead, a local high

school teacher who disappeared in 2005. Later that day, Dukes, who had been

drinking, made several comments to McCullough about Grinstead’s disappearance.

He told McCullough that his friend, later identified as Ryan Alexander Duke, had

previously shown up at Dukes’ house and said that he had “messed up” and needed

Dukes’ truck.1 Ryan proceeded to tell Dukes that he had beaten, strangled, and killed

Grinstead. Dukes also told McCullough that he and Ryan used Dukes’ truck to take

Grinstead’s body to a pecan orchard on land owned by Dukes’ family where they

burned Grinstead’s body and buried her remains. McCullough was disturbed by these

1 To avoid confusion, the appellant Bo Dukes is referred to in this opinion as “Dukes,” and his friend, Ryan Alexander Duke, will be referred to as “Ryan.”

2 comments and eventually contacted law enforcement. In 2016, McCullough spoke

with GBI Agent Jason Shoudel and told him what Dukes had said.2

(a) The 2016 Statement.

On June 16, 2016, GBI Agent Shoudel met with Dukes at the Rochelle Police

Department in Wilcox County. Dukes was not under arrest at the time of this

interview and was not given any Miranda3 warnings at that time. The interview was

recorded. Shoudel asked Dukes if he had made “any comments” about Grinstead to

McCullough. Dukes denied doing so. After Shoudel stated that McCullough had been

adamant that Dukes had made comments to him about “burning a body,” Dukes again

denied making any comments to McCullough. Shoudel then asked Dukes whether he

had “help[ed] anybody?” or “burn[ed] her body?” Dukes denied doing so.

(b) The February 19, 2017 Statements.

In February 2017, Dukes’ attorney contacted GBI Agent Shoudel and arranged

a meeting to take place on February 19, 2017. The initial meeting that day included

Dukes, Dukes’ attorney, Paul Bowden (District Attorney for the Tifton Judicial

2 Dukes also told several other people about his knowledge of and involvement in Grinstead’s disappearance, including his girlfriend, his girlfriend’s mother, his cousin, his brother, Ryan’s brother, and a friend. 3 Miranda v. Arizona, 384 U. S. 436, 479 (86 SCt 1602, 16 LE2d 694) (1966).

3 Circuit), Kim Schwalls (Bowden’s assistant district attorney), and Brad Rigby

(District Attorney for the Cordele Judicial Circuit). The meeting was not recorded and

lasted approximately thirty minutes. Shoudel was not present. With the understanding

that Dukes was willing to cooperate with the GBI, Bowden told Dukes that “if he was

truthful with us, cooperated, and was not involved with [Grinstead’s] homicide, only

the cover-up, that we were in a position that we could help him.” Dukes’ attorney

requested, and Bowden agreed, that if Dukes was needed to testify for the State at any

proceeding, he would be given “use immunity” for his testimony. In other words, the

State would not use any such testimony Dukes may provide against him. Dukes was

not promised any other immunity; no other agreements or deals were made or offered;

and the record reflects that Dukes never testified for the State. Neither Bowden nor

anyone else ever promised Dukes a shorter sentence, lesser charges, or no charges.

No specific charges were discussed at this meeting.

Immediately following the meeting, Dukes and his attorney met with GBI

Agent Shoudel. Shoudel did not make any promises or threats to Dukes, and Dukes

was not under arrest or given any Miranda warnings at this meeting. During this

meeting, Dukes gave a brief description of Ryan’s involvement in Grinstead’s murder

and confirmed the location of Grinstead’s remains in the pecan orchard.

4 (c) The February 21, 2017 Statement.

On February 21, 2017, Shoudel met with Dukes and his attorney again. At this

meeting, Dukes was advised of his Miranda rights, and he signed documents

admitting that he had not been promised anything in exchange for his statement. In

this interview, Shoudel again asked Dukes whether he had made any statements to

McCullough about Grinstead’s disappearance. This time, Dukes stated that he did not

remember the conversation but that it had likely taken place. Dukes then told Shoudel

that Ryan had confessed to him that he had killed Grinstead and provided Shoudel

with information about the burning of Grinstead’s body in the pecan orchard. He also

gave Shoudel a list of individuals he had talked to about his involvement in

Grinstead’s disappearance. .

(d) The February 22, 2017 Statement.

The next day, February 22, 2017, another GBI agent transported Dukes to the

pecan orchard so that he could assist law enforcement in locating Grinstead’s

remains. Dukes was reminded of his Miranda rights, but he was not under arrest

during this time and was not promised anything in exchange for his cooperation.

During the drive to the orchard, Dukes made additional statements about his

involvement in Grinstead’s disappearance. These statements were recorded.

5 (e) The Charges Against Dukes, Pre-Trial Proceedings, and Trial.

Based on the above, Dukes was charged with two counts of making a false

statement, one count of hindering apprehension or punishment of a criminal, and one

count of concealing the death of another. All of these charges arose from Dukes’ June

16, 2016 interview with GBI Agent Shoudel. Before trial, the court conducted a

Jackson-Denno4 hearing to determine whether Dukes’ 2016 and 2017 statements were

voluntarily given and admissible. The court determined that they were and admitted

the statements.

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Related

Jackson v. Denno
378 U.S. 368 (Supreme Court, 1964)
Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Daniel v. State
485 S.E.2d 734 (Supreme Court of Georgia, 1997)
State v. Roberts
543 S.E.2d 725 (Supreme Court of Georgia, 2001)
Drinkard v. Walker
636 S.E.2d 530 (Supreme Court of Georgia, 2006)
Pittman v. State
592 S.E.2d 72 (Supreme Court of Georgia, 2004)
Williams v. State
300 S.E.2d 301 (Supreme Court of Georgia, 1983)
Fowler v. State
271 S.E.2d 168 (Supreme Court of Georgia, 1980)
Lee v. State
514 S.E.2d 1 (Supreme Court of Georgia, 1999)
Foster v. State
660 S.E.2d 521 (Supreme Court of Georgia, 2008)
Vergara v. State
657 S.E.2d 863 (Supreme Court of Georgia, 2008)
Preston v. State
647 S.E.2d 260 (Supreme Court of Georgia, 2007)
Reese v. State
607 S.E.2d 165 (Court of Appeals of Georgia, 2004)
Smith v. State
723 S.E.2d 915 (Supreme Court of Georgia, 2012)
Haley v. State
712 S.E.2d 838 (Supreme Court of Georgia, 2011)
Walker v. State
766 S.E.2d 28 (Supreme Court of Georgia, 2014)
Spears v. State
769 S.E.2d 337 (Supreme Court of Georgia, 2015)
Quiller v. the State
789 S.E.2d 391 (Court of Appeals of Georgia, 2016)
Willis v. State
820 S.E.2d 640 (Supreme Court of Georgia, 2018)

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