Commonwealth v. Tyree

439 N.E.2d 263, 387 Mass. 191, 1982 Mass. LEXIS 1668
CourtMassachusetts Supreme Judicial Court
DecidedAugust 23, 1982
StatusPublished
Cited by28 cases

This text of 439 N.E.2d 263 (Commonwealth v. Tyree) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Tyree, 439 N.E.2d 263, 387 Mass. 191, 1982 Mass. LEXIS 1668 (Mass. 1982).

Opinion

Lynch, J.

William Tyree, Jr., was convicted of the murder in the first degree of his wife Elaine Tyree and sentenced to life imprisonment. He appeals from his conviction, alleging several errors of law and seeking review, in addition, pursuant to G. L. c. 278, § 33E. We find no error warranting either reversal or exercise of our powers under § 33E. We affirm the judgment of conviction.

The evidence against the defendant, though strong, was primarily circumstantial. Since the defendant challenges, among other things, the sufficiency of that evidence, we shall review it in some detail. The evidence introduced at trial tended to show the following.

William Tyree, Jr., and his wife Elaine were both enlisted personnel in the United States Army. The couple was stationed at Fort Devens and lived with their young child Dawn a short distance from the base in an apartment in Ayer. On January 30, 1979, Elaine was found dead in the apartment. She had been stabbed repeatedly and her throat had been cut. Two weeks later, her husband was arrested and charged with her murder. The prosecution sought to prove that the defendant did not have a good relationship with his wife, solicited a fellow soldier (one Erik Aarhus) to murder her, and hoped to profit from her death by collecting the proceeds of several insurance policies on her life.

The Tyree family’s financial situation was deteriorating at the time of the murder. Elaine was scheduled to be discharged from the Army on January 30, 1979, the day of her [193]*193death. The family’s income would be reduced at that time, by the amount of her salary. In addition, William Tyree had been subjected to a nonjudicial disciplinary proceeding (referred to by the witnesses as an “article 15”) early in January, 1979, by his military superiors as a result of his involvement in an alleged theft of government property. Tyree had been sentenced to the loss of one month’s pay and was reduced in rank from E-4 to E-l. This reduction in rank carried with it what one witness described as a “substantial loss of income.” As Elaine’s discharge date drew near, the Tyrees argued frequently over whether Elaine and the child should remain in the apartment in Ayer or live with relatives in Utah until the defendant could join them.

As enlisted personnel, each of the Tyrees was covered by a government life insurance policy which would pay $20,000 in the event of death. In November, 1978, the defendant contacted his insurance agent and purchased a family life insurance policy. This policy included a double indemnity provision which required the insurance company to pay $22,180 in the event of the accidental death of a family member. On January 17, 1979, an agent for a second insurance company sold the Tyrees another joint life policy which would pay $20,000 in the event of the natural death of either Elaine or William and twice that amount in the event of an accidental death.

In October or November, 1978, the defendant mentioned to Bruce Beecham, a fellow soldier, “that he [the defendant] had been with [Elaine] up on top of a hill or cliff somewhere and it would have been easy for him to let off the brake and jump from [his pickup truck].” When Beecham asked the defendant why, the defendant “mentioned a large sum of money, insurance money.”

On the first or second Sunday of November, 1978, Earl Peters, a friend and fellow serviceman, had a conversation with the defendant during which they discussed hunting, four-wheel-drive vehicles, and the like. Peters testified that the defendant “wanted to know if I could hit a moving target going 55 miles an hour, going up Route 495.” Peters [194]*194told the defendant that he had never done so. Later, Tyree told Peters that the target would be his wife, they would be driving in Tyree’s pickup truck, and Tyree would call it a “mad sniper attack.” In late November or early December, 1978, Tyree told Peters “that it would be nice if he [the defendant] could roll his truck over a mountain with his wife in it and he could get out of the truck.” In the course of a third conversation, which occurred in early January, 1979, before Elaine was murdered, the defendant “asked [Peters] for an idea of where or how to obtain a [hired] gun or an assassin or something like that.” Tyree told Peters that “he could’t kill his wife because it would bother him,” and that “he was going to see somebody or inquire about a hired gun.”

On Sunday, January 28, 1979, two days before the murder, Peters observed Tyree getting into his pickup truck with Erik Aarhus, an enlisted man assigned to the “riggers” crew (which packs and repairs parachutes). Aarhus had been subjected to art. 15 disciplinary proceedings arising out of the same events for which Tyree had been demoted, and Peters had seen the pair together on other occasions. Aarhus’s nickname, according to a nameplate on his desk in the rigger’s shed, was “Captain Beyond.” Peters yelled to Tyree and Aarhus, “Where are you going?” Tyree replied, “Negotiating.” He drove off with Aarhus in the truck.

The Tyrees’ apartment was located on the first floor of a multistory apartment building with four apartments on each floor. Mrs. Gibson and her eleven-year-old daughter Julie lived on the second floor of the building. On Monday evening, January 29, the defendant went to the Gibsons’ apartment to ask Julie if she would babysit that evening, explaining that Elaine wanted to do some housework and that he was going to see his first sergeant. Later, while Mrs. Gibson was visiting the Tyrees, the defendant announced that he was on his way to the movies “with my first sergeant” and left the apartment. Both the sergeant in charge of the Service Company, and the sergeant in charge of the Military Intelligence Division (to which Tyree recently had been [195]*195transferred from the Service Company) denied having agreed to meet Tyree that evening. Tyree drove to Fort Devens and, after looking unsuccessfully for Earl Peters, invited another soldier to go to the movies. When the soldier protested that he did not have sufficient funds, Tyree offered to pay his way. Tyree and the soldier attended a movie theater on the base. Tyree did not return to the apartment until 10:30 p.m.

Julie Gibson, who was babysitting Dawn Tyree, brought the baby back to Elaine some time after 8 p.m. They had a conversation outside the door to the Tyrees’ apartment, during which Elaine acted “kind of strange” and was “quieter than usual.” Julie and Dawn then entered the Tyrees’ apartment where Julie met a man who she later learned was Erik Aarhus. A conversation ensued in which Aarhus talked and acted in a vaguely threatening manner.

The next morning, Tuesday, January 30, 1979, Mrs. Gibson saw Elaine Tyree and the defendant getting into their pickup truck at 7:55 a.m. and asked for a ride to the bus station. The Tyrees dropped Mrs. Gibson off at the station at 8 a.m. Later, Barbara Eliades, whose apartment (as well as that of the Tyrees) occupied the first floor of the apartment building, saw the defendant drive into the parking lot and carry a baby carrier from his truck into the building. A short time after departing in his truck, Tyree returned with Elaine. Elaine left the truck and entered the apartment building; Tyree drove away. Mrs. Eliades then heard Elaine scream, “Get out of here and leave me alone! ” A second loud scream was cut short. Mrs. Eliades telephoned the Ayer police department, then stepped across the hall and knocked on the Tyrees’ door. Receiving no answer, she went down the hall to the front door of the apartment building and waited for the police.

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Bluebook (online)
439 N.E.2d 263, 387 Mass. 191, 1982 Mass. LEXIS 1668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-tyree-mass-1982.