Chapman v. State

196 So. 3d 322, 2015 Ala. Crim. App. LEXIS 52, 2015 WL 4162895
Court of Criminal Appeals of Alabama·Decided July 10, 2015·No. CR-14-0037·Published·Cited by 2 cases

Opinions

KELLUM, Judge.

The appellant, Karla Gaye Chapman, was convicted of murder, a violation of § 13A-6-2, Ala.Code 1975. The circuit court sentenced Chapman to 35 years’ imprisonment and ordered her to pay a $10,000 fine, $500 to the crime victims compensation fund, and court costs.

The record indicates the following pertinent facts. In 2009, Jonathan Elliff and Chapman got married; they began having difficulties in the marriage shortly afterward. Tonya Kilmeyer testified that she was friends with Chapman and that she frequently spoke with her in the time leading up to Elliff s death. According to Kil-meyer, Chapman was angry at Elliff because Elliff sold Chapman’s vehicle for $800 and refused to give Chapman any of the money; Chapman was also angry because Elliff would only loan — not give— her $100 so that she could send it to her adult son' for his birthday.

On May 28, 2010, Kilmeyer and her fiancé, Tracy Warden, gathered at Chapman and Elliff s house, for a small party. Soon after Kilmeyer and Warden arrived, Elliff left to get pills. Elliff returned to the party and gave two Lortab pills to Warden, who then gave one to , Kilmeyer.

A few hours into the party, Chapman and Elliff began arguing over money from the sale of Elliff s vehicle and other financial matters. According to Kilmeyer, Elliff did not want to argue, but Chapman kept arguing. Elliff and Chapman argued throughout the house. Eventually, the argument escalated and Elliff stated that he was going to leave the home and leave Chapman. Elliff went into his bedroom and gathered some clothes to take with him. However, Elliff decided that he wanted to eat before he left so he placed a lasagna casserole in the oven. According to Kilmeyer, Chapman grabbed the lasagna out of the oven and threw it out the front door of the house. Afterward, Chapman grabbed a knife, told Elliff to leave, and then stabbed the knife into the kitchen countertop. At that point, Warden wanted to leave, ánd'Kilmeyer offered to let either Elliff or Chapman stay at her house because Kilmeyer believed the couple needed to be apart. Elliff grabbed his wallet and keys, then left the residence.

After Elliff left, Chapman began arguing with Kilmeyer over bills, money, and the fact that Kilmeyer “had a good man.” (R. [326]*326151.) Chapman escalated the argument by bringing up the fact that Kilmeyer had been arrested for involvement with methamphetamine. Chapman and Kilmeyer made peace for a short time before starting to argue again. At that point, Kilmeyer got into her car and left. After backing down the driveway, Kilmeyer turned around because she had left Warden at the house. When she returned, she told Chapman “[tjhat’s why Jonathan left, and that’s why I am leaving.” (R. 153.) Chapman then grabbed Kilmeyer’s shirt, ripping it. Kilmeyer hit Chapman and then drove away without Warden. Chapman brought Warden home approximately 30 minutes later.

Sometime after midnight, Elliff returned home. Although the details are disputed, Elliff was stabbed with a knife. Afterward, both Chapman and Elliff telephoned 911 for emergency assistance.

At around 1:30 or 2:00 a.m., Greg Free, a sergeant with the Madison County Sheriffs Office, arrived at the scene and saw Chapman standing outside and Elliff lying on the porch in a pool of blood. Sgt. Free and another officer went to Elliff immediately and began to treat Elliff s injuries. Sgt. Free testified that Elliff was in a lot of pain, that he had a large stab wound to his abdomen, and that he was bleeding profusely. There was a large pool of blood around Elliff, which soaked Sgt. Free’s pants when he knelt down. Elliff had difficulty breathing and said that it hurt to talk. Sgt. Free testified that Elliff was pale, in dire need of medical help, and near death. When Sgt. Free asked Elliff who had stabbed him, Elliff responded that his wife, Karla, had stabbed him when he was “[ljaying down on the couch.” (R. 179.)

Paramedics arrived shortly afterward and took over Elliff s medical care. Sgt. Free then walked inside the residence and observed a large pool of blood next to the sofa. The blood trail led throughout the house and crossed over itself several times. In the kitchen, Sgt. Free saw a butcher’s knife that had been “freshly washed” but that contained red beads of what appeared to be blood. (R. 181.) Sgt. Free contacted Investigator Roland Campos and ordered Chapman transported to the police station so that Investigator Campos could interview her.

Investigator Campos testified that around 3:30 a.m. he met Chapman at the police station and that she appeared to be upset and crying. Although Chapman smelled like “old alcohol,” she did not appear to be intoxicated. Chapman was advised of her Miranda1 rights and subsequently gave a statement to Campos.

In her statement, Chapman told Investigator Campos about her monetary disputes with Elliff, the party that evening, and her fight with Elliff at the party. Chapman stated that after everyone had left the house, she changed clothes and went to sleep on the couch. According to Chapman, the next thing she remembered was Elliff standing over her and accusing her of having another man in the house. Chapman said that Elliff then began searching the house and that the next thing she knew, Elliff was walking toward the front door, groaning, and holding his stomach. When Chapman went over to see Elliff, she saw blood everywhere. Chapman said that both she and Elliff telephoned 911 afterwards.

When asked how Elliff got stabbed, Chapman said that she did not know but suggested that he did it to himself. At one point during the questioning, Chapman told investigators that Elliff had punched her and gave her a fat lip. Investigators [327]*327then photographed Chapman’s face in addition to a scratch on her'chest, a scratch on her neck; and a sharp cut on her right hand.

After Elliff died on the following morning, Investigator Campos interviewed Chapman for a second time. Chapman was advised of her Miranda rights for a second time and proceeded to give a second statement.

Dr. Emily Ward, a physician with a spe-ciality in forensic pathology, performed an autopsy on Elliff. Dr. Ward testified that the knife went at least three inches inside Elliff s abdominal wall and pierced his liver and a vena cava. Elliff suffered extreme blood loss from the injury and died as a result of the stab wound. Dr. Ward also testified that Elliff had a bruise on the left side of his face and a freshly busted lip.

Chapman testified in her own defense at trial. According to Chapman, on May 29, 2010, she got off work and picked up so.me beers on her way home. At home, she smoked some marijuana and drank beer while she waited on her husband' and friends to arrive for a small party. Chapman ádmitted that she and Elliff got into an argument that resulted in ‘Elliff s leaving, but she denied' ever pointing the knife at anyone or stabbirig it into the kitchen countertop. Chapman testified that, aftér she took Warden to his house that night, she returned home and went to sleep on the couch; Chapman said that when she woke up, Elliff was standing over 'her. Elliff accused Chapman of having another man in the house and proceeded to search the house. Chapman indicated that this is how Elliff would behave whenever he used crack/cocaine.2

According to Chapman, - she and Elliff then got into an argument, which resulted in his slamming her to the ground. .

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Chapman v. State, 196 So. 3d 322, 2015 Ala. Crim. App. LEXIS 52, 2015 WL 4162895 (Ala. Ct. App. 2015).

196 So. 3d 322 (Chapman v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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