Bruce v. State

569 A.2d 1254, 318 Md. 706, 1990 Md. LEXIS 34
CourtCourt of Appeals of Maryland
DecidedFebruary 27, 1990
Docket58, September Term, 1989
StatusPublished
Cited by77 cases

This text of 569 A.2d 1254 (Bruce v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruce v. State, 569 A.2d 1254, 318 Md. 706, 1990 Md. LEXIS 34 (Md. 1990).

Opinions

CHASANOW, Judge.

Appellant, Kirk Bruce, was convicted by a jury of five counts of murder, six counts of use of a handgun in the commission of a felony, one count of attempted murder, one count of assault with intent to murder, one count of conspiracy to rob, and one count of conspiracy to commit murder. The day after the trial, a sentencing hearing commenced before the same jury.

[712]*712Appellant was found to be a principal in the first degree in the murders of two of the victims, and the jury returned a sentence of death for each of those murders. For the remaining counts, the trial judge sentenced Appellant to three life sentences without the possibility of parole, one life sentence, six sentences of twenty years, and one ten year sentence. All sentences were to be served consecutively.

Appellant filed a notice of appeal to this Court pursuant to Maryland Code (1957, 1987 Repl.Vol., 1989 Cum.Supp.) Article 27, § 414 and Maryland Rule 8-301. Appellant does not challenge the sufficiency of the evidence, but for the purpose of our analysis, we must summarize some of the evidence introduced at trial.

Colleen Grady (Ms. Grady) was with Appellant on January 22, 1988. Ms. Grady overheard part of a telephone conversation while Appellant was talking to Ian Henry (Henry). In the conversation, Appellant mentioned two briefcases of money, “the Village in the Woods,” “Chief,” and “Donny.” During the conversation Ms. Grady observed Appellant point his fingér and exclaim “I will kill him. Boom! Boom!”

Several hours after this conversation occurred, police responded to a call of a shooting and entered an apartment at the Village in the Woods apartment complex in Landover, Maryland. There they found five dead bodies. The body of Leonard Francis, also known as “Chief,” was found next to his wheel chair in the dining room. Chief had three gunshot wounds including one execution style wound to the side of his head. Lloyd Chambers, also known as “Donny,” was found in the kitchen dead as a result of six gunshot wounds including one in the back of the head. Next to Donny was the body of Everton Mitchell, who died as the result of a gunshot wound to the back of the head. In a back bedroom, police found the bodies of Carlene Hamilton, also known as “Donna,” with a gunshot wound to the top of her head, and Richard Williams, also known as “Ritchie,” with eight gunshot wounds including one to the head. [713]*713Police officers were met by Charmaine Chambers (Ms. Chambers) who had been shot twice in the head, but was still alive.

Ms. Chambers survived and was a witness for the State at Appellant’s trial. Ms. Chambers testified that she went to the apartment in the Village in the Woods to visit her friend Donna. She knocked, and the door was answered by Carl Dunstrom, also known as “Fabulous.” Chief, who was in his wheelchair inside the apartment, instructed Fabulous to allow Ms. Chambers to enter. Once inside she saw Appellant, whom she had met before, and several other men. One of the men, Henry, was on the telephone. When Henry hung up, he produced a gun and grabbed Ritchie. Appellant got up from his chair with a gun in his hand, grabbed Chief from his wheelchair, and removed a second gun from Chief’s wheelchair. Fabulous was also armed with a weapon. Ms. Chambers then ran into a back bedroom where Donna was asleep. Ms. Chambers heard shots and saw Ritchie run into the bedroom. He was being pursued and shot at by Henry. Donna woke up, and she and Ms. Chambers tried to slide under the bed. More shots were fired, and Ms. Chambers heard Donna groan. Henry then approached Ms. Chambers, grabbed her by the hair, and fired a shot at her head. Ms. Chambers lay on the floor and tried to appear dead while the gunshots continued. Fabulous then came into the bedroom, grabbed Ms. Chambers by the hair, and shot her again. The shooting stopped, and some time passed. Ms. Chambers crawled out of the apartment and went to a neighboring apartment to summon police and an ambulance.

Jacqueline Sellers (Ms. Sellers), the girlfriend of Fabulous, was called as a State’s witness. She testified that on January 22, 1988, while the soap operas were on, she was in an apartment with Appellant, Henry, Fabulous, Eddie Bell (Eddie), and Appellant’s girlfriend, Michelle Nelson (Ms. Nelson). The men left while the soap operas were still on. Sometime after 7:00 p.m. Eddie came to the door. As a result of the conversation with Eddie, Ms. Sellers and Ms. [714]*714Nelson gathered up their clothes, as well as the clothes of Fabulous and Appellant, and took them downstairs to the parking lot. They waited in the parking lot, and eventually Appellant, Fabulous, and Henry drove up. Ms. Sellers, Fabulous, and Henry got into one car; and Eddie, Ms. Nelson, and Appellant got into another car. They all drove to Virginia. During the trip both cars pulled into a gas station. Henry got “out of the car, went over and talked with Appellant, and returned to the car with some guns. There were four guns in the car which Ms. Sellers was told to cover with her coat. Ultimately, the six people checked into three adjacent rooms in a hotel somewhere in Virginia. At the hotel Ms. Sellers saw that all four men had blood on their clothes. The men removed their bloody clothes and put them in a trash bag, which they dumped somewhere. The group watched television at the hotel, and when a news broadcast reported the murders in a Landover apartment, Appellant, Fabulous, Henry, and Eddie began “dancing ... parading around shooting boom, boom, boom” with their fingers. The group stayed in Virginia for about a week, then went to Florida.

While in Florida, the group changed hotels two or three times, and during that time, Ms. Sellers was able to observe that a briefcase the men had with them was filled with money. The group then split up and separately traveled to New York. Ms. Sellers was with Fabulous when he was arrested in New York. Approximately one month after Fabulous was arrested, Ms. Sellers received a call from Appellant who wanted to know whether the police had been to Ms. Sellers’ house. Ms. Sellers told Appellant that the police had not been to her house and was told by Appellant that if he found out she was lying, she would be dead.

Prince George’s County Police Detective Howard Shook testified that Appellant was arrested in New York, and that on April 16, 1988, he went to New York to interview Appellant. After being informed of his right to remain silent, Appellant agreed to talk to Detective Shook. Appellant was asked if he had seen a reenactment of the crime on [715]*715the television show “America’s Most Wanted.” Appellant responded that he had and that it was “pretty close” to being correct. Detective Shook told Appellant that he knew Appellant had taken Chief’s gun from under Chief’s legs. Appellant said that the gun was taken from a pouch on the back of Chief’s wheelchair.

Robert Williams, the brother of the victim Ritchie, testified that he worked for the drug organization run by Chief, and that Chief kept money in two briefcases. He further testified that he had seen one of the briefcases in Chief’s apartment the day of the shootings. Federal Bureau of Investigation Agent Gerald Wilkes testified that he performed ballistic tests on some of the weapons, shells, and projectiles, which were recovered and admitted into evidence. Other evidence introduced by the State supported the jury’s findings of guilt.

Appellant was the first defense witness to testify. He testified that he, the victims, and the co-defendants were in the drug business together.

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Bluebook (online)
569 A.2d 1254, 318 Md. 706, 1990 Md. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-state-md-1990.