Burrell v. State

613 So. 2d 1186, 1993 WL 39582
CourtMississippi Supreme Court
DecidedFebruary 18, 1993
Docket90-KA-1091
StatusPublished
Cited by104 cases

This text of 613 So. 2d 1186 (Burrell v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burrell v. State, 613 So. 2d 1186, 1993 WL 39582 (Mich. 1993).

Opinion

613 So.2d 1186 (1993)

Bennie Joel BURRELL
v.
STATE of Mississippi.

No. 90-KA-1091.

Supreme Court of Mississippi.

February 18, 1993.

*1187 C.E. Morgan, III, Morgan & Morgan, Kosciusko, for appellant.

Michael C. Moore, Atty. Gen., Pat S. Flynn, Asst. Atty. Gen., Jackson, for appellee.

Before PRATHER, P.J., and PITTMAN and SMITH, JJ.

PITTMAN, Justice, for the Court:

This is a sad story of murder and assault. The defendant's wife was stabbed twenty-six times by her husband and is dead. The defendant's ten year old stepdaughter, who was stabbed seven times during the same episode, has been severely injured.

Bennie Joel Burrell, twenty-eight years of age, prosecutes an appeal from his convictions in the Circuit Court of Attala County of murder and aggravated assault. He was sentenced to serve consecutive sentences of life imprisonment and twenty years, respectively.

On appeal, Burrell raises issues dealing with: (1) the denial of his motion(s) for a change of venue; (2) the weight of the evidence; and (3) the refusal to allow Glenda Wedge to testify on behalf of the defendant as a witness in surrebuttal inasmuch as she had not been sequestered during the trial. After meticulous scrutiny of these issues arising out of a brutal homicide and assault, we affirm.

FACTS

Bennie Joel Burrell and Lori Jean Burrell were husband and wife. In March of 1990, they were living in Kosciusko, Attala County, Mississippi, at the Cannonade Apartments with Jimmy Joel Burrell, their four year old natural child, and Katie Suzanne Sutton, the defendant's ten year old stepdaughter and Lori's natural child from another man.

The six year marriage had been a turbulent one with numerous separations and reconciliations. Bennie had been staying with his parents in the McAdams Community, but on March 9th he and Lori were living together in the marital residence, apartment 9-C of the Cannonade Apartments.

Testimony established that on the night of March 9, 1990, Bennie left the apartment at 7:30 p.m. and went to the Speedway Inn, a local nightspot, to shoot some pool. Katie testified that shortly after 9:00 p.m. her mother, who was upset and crying, telephoned the club and told Bennie if he could not be home in fifteen minutes or less he should not come home at all.

Bennie's testimony was to the effect that he left the nightclub at approximately 1:00 a.m. the early morning of the 10th and *1188 drove to the Cannonade Apartments where he observed that the lights were off in Lori's apartment. He then drove to his parents' home in the McAdams Community located approximately eight miles from the marital domicile. According to Bennie, he arrived at his father's house at approximately 1:30 a.m. where he went to bed around 2:00 a.m. after watching television for several minutes. Both Bennie and his parents claimed Bennie was asleep until he was awakened by police officers around 5:00 a.m. the morning of March 10th.

Katie Sutton's testimony was entirely different; she testified that at 3:30 a.m. she got out of bed after hearing somebody knock on the apartment door. Lori went to the door and cracked it open while keeping the security chain latched. Katie, who was in her bedroom, overheard her mother say, "Bennie, please leave." Bennie did not leave; rather, he broke through the door and entered the apartment.

Katie ran to the end of the hallway where she observed Bennie and Lori Burrell fighting one another. Katie did not see a knife, but she saw Bennie punching Lori below her uplifted arms with one of his hands while holding Lori's neck with the other. Although the light in the room was not on, Katie could see the incident clearly by the light shining through the window. During the struggle, Lori instructed Katie to go get the gun. Katie promptly retrieved a "long" gun from a bedroom closet. She pointed the gun at her stepfather who was still punching Lori, but did not pull the trigger for fear of hitting her mother. Responding to Lori's frantic request, Katie then dialed 911 on the telephone but got a busy signal. Lori managed to elude her assailant momentarily and ran out the front door to summon assistance. Bennie then turned his attention toward Katie who had curled up in a chair near the telephone. Katie had her legs next to her chest, her head down, and her arms wrapped around her knees when her stepfather began to stab her after telling Katie, "You are going to pay." Katie testified she was stabbed seven times, twice in her shoulder and once each in the wrist, cheek, lung, hand, and stomach. During the time she was being stabbed, Katie could hear her mother screaming for help.

After stabbing Katie, Burrell left the apartment in pursuit of Lori. Katie went into the bathroom where she used a towel to stop some of the bleeding. Bennie came back into the apartment, grabbed Katie around the throat with one hand, pulled her into a hallway, and began to strangle her. Katie could see her stepfather's face when he entered the bathroom. Katie testified that when they got into the hallway, "[h]e got down on his knees and strangled me with both hands as tight as he could." Katie testified: "After he was finished, I guess he thought I was dead, and I was for a second until he threw me up against the wall and my heart started beating again."

After Bennie left the apartment for the second and final time, Katie, who could still hear her mother screaming, again dialed 911 and again got a busy signal. She then dialed the operator, and "I told her where I was, and I told her that I needed the police and everything, and then I had a black-out, and while I was talking to the operator I heard my mom's last scream." Katie was hospitalized for six weeks at the Baptist Medical Center in Jackson where she had a partial colostomy.

Marnita Lynn Walker, a resident of apartment 13-B of the Cannonade Apartments, testified she was awakened about 3:15 a.m. on March 10th by a telephone call. After hearing a cry for help, she looked out her window where, under well-lighted conditions, she saw a man she identified in court as Bennie Burrell beating, kicking, and stomping with his hands and feet a lady who was lying on the ground. After beating and stomping her relentlessly, Burrell ran back up the stairs, only to return a short time later where he crouched over his victim's bruised and bloodied body. A police cruiser arrived at this time, and the defendant fled. Law enforcement officials found Lori dead and Katie severely injured, both as a result of multiple stab wounds.

Bennie Burrell testified in his own behalf and asserted an alibi in defense of the *1189 charges. His alibi was corroborated, at least in part, by both his mother, Katherine Burrell, and his father, Dave Burrell. Each testified that Bennie had been asleep at his parents' home in McAdams at 3:00 a.m. the morning of the 10th and that he slept until the police came to arrest him at 5:00 a.m. Dave Burrell testified his son was never awakened and never left the house between 1:30 and 5:00 a.m.

According to the testimony of Dave and Katherine, they neither aroused nor disturbed Bennie after they received a telephone call from the police notifying them of the stabbing at the Cannonade Apartments and requesting that someone come and get Bennie's five year old son. Nor did they awaken the defendant when a telephone call was received from the local hospital informing the family that Bennie's wife had died and Katie was being transported to a hospital in Jackson in critical condition.

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Cite This Page — Counsel Stack

Bluebook (online)
613 So. 2d 1186, 1993 WL 39582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrell-v-state-miss-1993.