Bunnell v. State

735 S.E.2d 281, 292 Ga. 253, 2013 Fulton County D. Rep. 51, 2013 WL 57143, 2013 Ga. LEXIS 2
CourtSupreme Court of Georgia
DecidedJanuary 7, 2013
DocketS12A1504
StatusPublished
Cited by31 cases

This text of 735 S.E.2d 281 (Bunnell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bunnell v. State, 735 S.E.2d 281, 292 Ga. 253, 2013 Fulton County D. Rep. 51, 2013 WL 57143, 2013 Ga. LEXIS 2 (Ga. 2013).

Opinion

HUNSTEIN, Chief Justice.

A Walton County jury convicted Jeffrey Jay Bunnell of malice murder and tampering with the evidence in connection with the beating death of 70-year-old Margie Eason.1 Bunnell challenges the trial court’s rulings admitting into evidence his videotaped statement to police, the hearsay testimony of three witnesses, testimony about a driver’s license suspension for driving under the influence, and post-autopsy photographs. Because the trial court did not err in its evidentiary rulings, we affirm.

1. The evidence presented at trial shows that Bunnell, who was 46 years old at the time of his arrest, had lived with Eason for approximately seven years and taken care of her in exchange for room and board. Each had purchased a $10,000 to $15,000 life insurance policy that listed the other person as beneficiary. Sometime after 4:00 p.m. on the day Eason died, Bunnell rang the doorbell of their neighbor Roy Huff and asked to borrow five dollars to buy cigarettes. A video surveillance shot shows Bunnell in a nearby [254]*254convenience store at 4:52 p.m., and a store clerk remembered Bunnell purchasing cigarettes and beer that afternoon. Huff testified that Bunnell called around 5:00 p.m. to report that someone had killed Eason while he was out. Police received the 911 call from Bunnell at 6:05 p.m. Arriving at Eason’s home, they found her slumped over the arm of a couch bleeding profusely from her head and cold to the touch; a piece of glass from a broken light fixture was found in her lap. A wooden ax handle with blood and hairs on its head was lying in a pool of blood next to the couch, and broken glass, dog hair, blood, and other debris had been swept into a pile on the floor. Although Eason always kept her doors locked, police found no signs of forced entry, the house had not been ransacked, and no items of value appeared to be missing. In addition, none of her neighbors reported seeing anyone out of place in the neighborhood. In a videotaped interview played at trial, Bunnell told police that Eason was “ranting and raving about money,” then picked up the ax handle and swung at him. He grabbed the stick, pushed her down, and hit her in the temple with it. Before going to the store, he changed his shirt and swept the broken glass into a pile. The medical examiner testified that Eason died of blunt traumatic injuries to the head.

Although Bunnell contends that the State failed to present sufficient evidence to exclude the reasonable hypothesis that he was not present when Eason was killed, it is generally the jury’s role to decide whether a hypothesis is reasonable. See Foster v. State, 273 Ga. 34 (1) (537 SE2d 659) (2000). Moreover, Bunnell’s argument that the State relied solely on circumstantial evidence is belied by the admission of his statement to police that he hit Eason with the ax handle. See Wallace v. State, 279 Ga. 26 (1) (608 SE2d 634) (2005) (defendant’s reliance on circumstantial evidence rule of OCGA § 24-4-6 was misplaced because his own statement was direct evidence of his guilt). After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that the evidence was sufficient to authorize a rational trier of fact to find Bunnell guilty beyond a reasonable doubt of the crimes charged. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Bunnell contends that the trial court erred in denying his motion to suppress the statement he made to law enforcement officers. Specifically, he alleges that an investigating officer misstated the law during questioning when she told him that “this is your time, your opportunity to tell me what happened .... After tonight you may not get another opportunity to tell me what happened.” Citing State v. Darby, 284 Ga. 271 (663 SE2d 160) (2008), he argues that this erroneous legal information and his altered state of mind means that he did not make his statements freely and voluntarily.

[255]*255Whether a defendant waives his rights under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966), and makes a voluntary and knowing statement depends on the totality of the circumstances. Vergara v. State, 283 Ga. 175 (657 SE2d 863) (2008). “In ruling on the admissibility of an in-custody statement, a trial court must determine whether ... a preponderance of the evidence demonstrates that the statement was made freely and voluntarily.” Humphreys v. State, 287 Ga. 63, 73 (6) (694 SE2d 316) (2010) (citation and punctuation omitted). Unless clearly erroneous, we accept the trial court’s factual findings and credibility determinations relating to the admissibility of the defendant’s statement. Id. When controlling facts discernible from a videotape are not disputed, our standard of review is de novo. Sosniak v. State, 287 Ga. 279 (1) (695 SE2d 604) (2010).

In this case, the trial court found that Bunnell was read his Miranda rights, signed a form waiving those rights, was alert and coherent in answering questions, was not impaired by alcohol and prescription drugs taken hours earlier, and understood what he was doing when he waived his rights and agreed to talk to officers. The trial court concluded that Bunnell was properly advised of his rights, he knowingly and intelligently waived those rights, and police made no promises or threats to induce him to speak. Unlike the Darby case, where officers erroneously told the defendant that he would have to sign a waiver form before he gave a statement to police, see 284 Ga. at 272, the officer in this case did not mislead Bunnell or give him erroneous legal information when she said that this was his opportunity to tell her his side of the story before other persons were interviewed and began telling their version of events. See Wilson v. State, 285 Ga. 224, 228 (3) (675 SE2d 11) (2009) (interrogator’s statement “to ‘help yourself out’ is an encouragement to tell the truth” and not an improper hope of benefit). Because the totality of the circumstances shows that Bunnell gave his statement knowingly and voluntarily, the trial court did not err in denying his motion to suppress.

3. Bunnell next challenges the admission of hearsay evidence by three witnesses concerning statements that Eason made about her relationship with Bunnell. OCGA § 24-3-1 (b) provides that hearsay evidence “is admitted only in specified cases from necessity.”2 For [256]*256hearsay to be admitted under the necessity exception, the proponent of the evidence must show that the declarant’s statement is relevant and more probative of a material fact than other available evidence and that it exhibits particular guarantees of trustworthiness. McNaughton v. State, 290 Ga. 894 (3) (725 SE2d 590) (2012). Whether a statement is trustworthy is a matter for the trial court’s discretion, and the trial court’s decision will not be disturbed on appeal unless there is an abuse of discretion. Gibson v. State, 290 Ga. 6 (3) (717 SE2d 447) (2011).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Young v. State
860 S.E.2d 746 (Supreme Court of Georgia, 2021)
Love v. State
848 S.E.2d 882 (Supreme Court of Georgia, 2020)
Cross v. State
848 S.E.2d 455 (Supreme Court of Georgia, 2020)
Whitehead v. State
842 S.E.2d 816 (Supreme Court of Georgia, 2020)
In the Interest of R. P., a Child
816 S.E.2d 96 (Court of Appeals of Georgia, 2018)
KEMP v. THE STATE (Three Cases)
303 Ga. 385 (Supreme Court of Georgia, 2018)
Kemp v. State
810 S.E.2d 515 (Supreme Court of Georgia, 2018)
Benton v. State
807 S.E.2d 450 (Supreme Court of Georgia, 2017)
Brewer v. State
804 S.E.2d 410 (Supreme Court of Georgia, 2017)
Starling v. State
787 S.E.2d 705 (Supreme Court of Georgia, 2016)
Grant v. State
785 S.E.2d 285 (Supreme Court of Georgia, 2016)
Robinson v. State
782 S.E.2d 657 (Supreme Court of Georgia, 2016)
Simpson v. State
781 S.E.2d 762 (Supreme Court of Georgia, 2016)
Jackson v. the State
779 S.E.2d 700 (Court of Appeals of Georgia, 2015)
Smith v. State
777 S.E.2d 453 (Supreme Court of Georgia, 2015)
Allen v. State
770 S.E.2d 824 (Supreme Court of Georgia, 2015)
Spears v. State
769 S.E.2d 337 (Supreme Court of Georgia, 2015)
Francis v. State
766 S.E.2d 52 (Supreme Court of Georgia, 2014)
Russell v. State
764 S.E.2d 812 (Supreme Court of Georgia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
735 S.E.2d 281, 292 Ga. 253, 2013 Fulton County D. Rep. 51, 2013 WL 57143, 2013 Ga. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunnell-v-state-ga-2013.