Cheatham v. State

1995 OK CR 32, 900 P.2d 414, 66 O.B.A.J. 2261, 1995 Okla. Crim. App. LEXIS 41, 1995 WL 396673
CourtCourt of Criminal Appeals of Oklahoma
DecidedJune 28, 1995
DocketF-90-649
StatusPublished
Cited by40 cases

This text of 1995 OK CR 32 (Cheatham v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cheatham v. State, 1995 OK CR 32, 900 P.2d 414, 66 O.B.A.J. 2261, 1995 Okla. Crim. App. LEXIS 41, 1995 WL 396673 (Okla. Ct. App. 1995).

Opinions

OPINION

LANE, Judge:

Appellant, Charles Leon Cheatham, was charged with Murder in the First Degree (Malice Aforethought), or in the alternative, Felony Murder, and Robbery with a Dangerous Weapon, all After Former Conviction of Two or More Felonies. He was convicted May 24,1990 of Felony Murder and Robbery with a Dangerous Weapon after a two-stage jury trial in the District Court of Oklahoma County, Case No. CRF-86-4869, before the Honorable James L. Gullett, District Judge. The trial court dismissed the robbery conviction as it was the basis for the felony murder conviction. After the sentencing stage proceeding, the jury recommended Appellant be sentenced to death, and the trial court sentenced accordingly. Appellant appeals, challenging both the guilty verdict and the sentence imposed for the crime. We affirm Appellant’s conviction, but the sentence of death is vacated and the cause is remanded for resentencing.

SUMMARY OF FACTS

On Thursday, September 4, 1986, at approximately 7:00 p.m., William L. “Bud” [419]*419Witherspoon was found bludgeoned to death in his home on the far northeast side of Oklahoma City, Oklahoma County. Wither-spoon, a sixty-four year old white male, lived alone, but visited his wife, Delores, in a nearby nursing home every night between the hours of 6:30 and 7:00 p.m. Cindy and Marvin Terrell lived just down the road from Witherspoon, and saw him almost every day of the week. Cindy Terrell had known the Witherspoons since she was a child, and considered Witherspoon and Delores family members. She and Marvin routinely had breakfast or lunch with Witherspoon, and hired him to do odd jobs in their business. Delores had been placed in a nursing home some time previous to the murder, and With-erspoon was in the process of trying to find someone to care for her during the day so he could bring her back home.

Mary McKnight was a Certified Medical Aide (CMA) at Oak Hill Nursing Home where Delores was living, and knew Wither-spoon from his frequent visits and inquiries as to Delores’ daily condition. McKnight was able to control Delores, getting her to eat and take medicine when the other aides were unable to get her to cooperate, and Witherspoon thought she would be a good prospect for providing Delores’ at-home care. McKnight arranged to meet with Wither-spoon on Tuesday, September 2, 1986, to discuss the proposition.

Because her vehicle was not working, McKnight borrowed Appellant’s car (a cream-colored Cadillac) to keep the appointment. (Appellant dated McKnight’s sister, Alma Loudella Jarrahi.) Appellant picked McKnight up at a friend’s house; she dropped him off at his sister’s (a little over a mile away); McKnight met with Witherspoon somewhere between 11:15 and 11:45 p.m., and then returned to pick Appellant up between 1:00 and 1:30 a.m.

McKnight met with Witherspoon again the next day (Wednesday, September 3) somewhere between 3:30 and 4:20 p.m. Appellant and Charles “Big” Green dropped McKnight off at Witherspoon’s house, and McKnight told the two to return for her in about forty-five minutes. Witherspoon had been drinking when McKnight got there and asked her to go to the liquor store in Jones, Oklahoma to get him some more Vodka. Witherspoon gave her a $100 bill and allowed her to take his truck, since she did not have a car.1 McKnight met Appellant and Green at the liquor store, and the two followed her to Witherspoon’s house because she was afraid she would run out of gas. Witherspoon met her in the front yard, and Appellant and Green, parked on the street in front of his house, left after McKnight told them to come back for her in about forty-five minutes. Appellant and Green did not return and McKnight eventually had her brother-in-law pick her up between 7:00 and 7:30 p.m. She last saw Witherspoon alive when she left his house that evening.2

Green testified he and Appellant returned to Witherspoon’s house at approximately 9:30 p.m. and learned that McKnight had left. They stayed about fifteen minutes and then went to Faye Smith’s house, about ten minutes away. Smith was not home but her eleven and twelve year old daughters were. Green and Appellant arrived there shortly before 10:00 and Appellant left shortly after [420]*420arriving, sometime between 10:10 and 10:20 p.m. However, prior to leaving the Smith house, Appellant told Green that he needed to “go knock somebody in the head and get him some money5’ and invited Green to come along. Green refused, and stayed with the girls, leaving sometime after midnight. Appellant promised to return for Green, but never did.

Elmer and Barbara Dawson lived down the road from Witherspoon and testified on the night of September 3 they drove by Appellant’s house at about 8:30 or 9:00 p.m. and saw him standing in the front yard speaking to two men. They were unable to say if the men were black or white, and Elmer testified that he only saw one man. Both agreed that they saw a light colored Cadillac parked in the street in front of Witherspoon’s house. The couple was returning from school shopping with their children that evening.

Meanwhile, McKnight called Green at Smith’s house and spoke with him about Witherspoon. She asked him what condition Witherspoon was in when he and Appellant left him, and expressed concern that she had not been able to reach him.3

Sometime between 10:30 and 11:00 p.m. on the evening of the 3rd, Appellant approached Josephus Huntley and Charles Duffy at the Hide Out Club in Jones, offering to sell them the t.v./stereo from Witherspoon’s house and his shotgun. Huntley claims he never saw the gun, but did agree to purchase the t.v./stereo for fifty dollars and did so after borrowing the money from Duffy. Duffy saw both the t.v. and the gun.

McKnight continued to phone Witherspoon several more times that night, and the next morning had a friend drive her over to With-erspoon’s house. When she arrived, she noticed that the door was open, and upon seeing overturned furniture and blood, and getting no response after calling out Wither-spoon’s name, left. She returned to the house later after being advised by her sister to return and remove her fingerprints, but did not go inside.

Cindy Terrell last saw Witherspoon alive on the afternoon of September 3, and became concerned when she was unable to contact him by phone the next day. Since she had classes to attend that night, she asked her husband Marvin to try to contact Wither-spoon. When Marvin was unable to contact Witherspoon, he went over to the house to check on him. Upon entering the house, he discovered the body and called police. He also noted that the t.v./stereo, flashlight and Witherspoon’s prized shotgun were missing from the house.

Forensic analysis of the evidence present in the house and on the t.v./stereo revealed nothing connecting Appellant with the crime. There were no identifiable fingerprints, and hair and blood samples taken from the home could not be matched to him. However, testimony indicated the police simply gave up trying to collect hair samples because the house was unkempt and had not been cleaned for a long period of time, making the retrieval of hair samples useless. The only print found was on the t.v./stereo. That print was suitable for identification, but was not matched to anyone, including the Appellant, the victim, the Terrells, McKnight or Green (all of whom admitted being in the house at one time or another prior to the murder).

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

Related

Estes v. Harding
E.D. Oklahoma, 2023
VANDERPOOL v. STATE
2018 OK CR 39 (Court of Criminal Appeals of Oklahoma, 2018)
MARTINEZ v. STATE
2016 OK CR 3 (Court of Criminal Appeals of Oklahoma, 2016)
Faulkner v. State
2011 OK CR 23 (Court of Criminal Appeals of Oklahoma, 2011)
Selsor v. Workman
644 F.3d 984 (Tenth Circuit, 2011)
Cuesta-Rodriguez v. State
2010 OK CR 23 (Court of Criminal Appeals of Oklahoma, 2010)
Bell v. State
2007 OK CR 43 (Court of Criminal Appeals of Oklahoma, 2007)
Seabolt v. State
2006 OK CR 50 (Court of Criminal Appeals of Oklahoma, 2006)
Jones v. State
2006 OK CR 5 (Court of Criminal Appeals of Oklahoma, 2006)
Patton v. Mullin
425 F.3d 788 (Tenth Circuit, 2005)
Commonwealth v. Parker
882 A.2d 488 (Superior Court of Pennsylvania, 2005)
Easlick v. State
2004 OK CR 21 (Court of Criminal Appeals of Oklahoma, 2004)
Fitzgerald v. State
2002 OK CR 31 (Court of Criminal Appeals of Oklahoma, 2002)
Matthews v. State
2002 OK CR 16 (Court of Criminal Appeals of Oklahoma, 2002)
Smith v. State
2002 OK CR 2 (Court of Criminal Appeals of Oklahoma, 2002)
Wackerly v. State
2000 OK CR 15 (Court of Criminal Appeals of Oklahoma, 2000)
Jones v. Gibson
206 F.3d 946 (Tenth Circuit, 2000)
Anderson v. State
1999 OK CR 44 (Court of Criminal Appeals of Oklahoma, 1999)
Miller v. State
1998 OK CR 59 (Court of Criminal Appeals of Oklahoma, 1999)
Patton v. State
1998 OK CR 66 (Court of Criminal Appeals of Oklahoma, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
1995 OK CR 32, 900 P.2d 414, 66 O.B.A.J. 2261, 1995 Okla. Crim. App. LEXIS 41, 1995 WL 396673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatham-v-state-oklacrimapp-1995.