Dean v. State

325 So. 2d 14
CourtDistrict Court of Appeal of Florida
DecidedAugust 28, 1975
DocketV-165
StatusPublished
Cited by16 cases

This text of 325 So. 2d 14 (Dean v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean v. State, 325 So. 2d 14 (Fla. Ct. App. 1975).

Opinion

325 So.2d 14 (1975)

Donald Quincy DEAN, Appellant,
v.
STATE of Florida, Appellee.

No. V-165.

District Court of Appeal of Florida, First District.

August 28, 1975.

*15 Frank T. Cannon, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

McCORD, Judge.

This is an appeal from judgment and sentence of appellant for first degree murder.

The state's theory (which was evidently believed by the jury) was that appellant hired one Wayne Rowell to kill Stephen Owen Glover, the deceased. Rowell testified for the state after pleading guilty to second degree murder with an agreed 15 year sentence. The state's evidence showed that the deceased was killed at his trailer home on September 24, 1973, between 11:30 and 12 p.m. by a shotgun blast. At the scene at the time of the homicide were the deceased, his wife, Geraldine, their infant child, and Geraldine's brother, Jimmy Johnson. Mrs. Geraldine Glover testified that she met appellant in 1970; that subsequently she had a love affair with him, while married to the decedent, and had been involved with appellant in the sale of drugs and stolen goods; that she broke off the affair because of appellant's threats; that appellant had threatened to kill her, her husband and her son because she knew too much about appellant's illegal activities; that appellant had said he would be "sitting in church" when they were killed; that the tires on her car had previously been slashed; that drugs had been planted in her car; and that appellant had previously attempted to have her declared incompetent. She further testified that on the night of the shooting she arrived at 9 p.m. to find her husband angry because appellant had called and threatened to kill him. She and her husband and small son were sleeping in the same bed in the back bedroom of the trailer when the shooting occurred. She testified that during the night she was awakened by shots and looked out the window and saw a Pontiac automobile with a black top and maroon bottom; that she noticed her husband was hit and called the police. She further testified that she did not know Wayne Rowell. Her testimony as to the events on the night of the shooting were corroborated by the testimony of her brother, who was sleeping in another bedroom in the trailer. The evidence showed that the cause of death was a single shotgun or gunshot wound in the head of the decedent. A 3/8-inch ball bearing was removed from his brain.

Rowell testified that he had known appellant approximately one year; that appellant told him that Geraldine had kept records for him concerning drug transactions; that previous to the homicide appellant had cancelled a debt of Rowell's because he had cut Geraldine's tires at appellant's request; that he had also previously planted a paper sack in her car at appellant's request and two weeks prior to the homicide he had harassed Geraldine by firing a shotgun loaded with birdshot at her trailer at appellant's request. He further testified that on the afternoon of the homicide, he got off work at approximately 4 p.m. and stopped and picked up a six pack of beer and started drinking; that he went home and then left and joined up with a couple of his buddies and they went to a bar where they drank until approximately *16 9 or 9:30 and then left and went to a friend's house and had a few more beers and then about 10:00 he borrowed a black 1962 Pontiac automobile from one of his friends and went home. He testified that upon arrival his wife told him that appellant had been over and wanted to see him before 12:00 so he went over to a Miss North's house where appellant was staying; that he pulled up in the yard and appellant came out with an unplugged shotgun that was fully loaded with five shots; that appellant gave him a $50 check and told him to go shoot the back out of the trailer that he had shot previously; that he told him there wasn't anybody home and to "unload" the gun in the back of the trailer and not to come back or bring the shotgun back to him. He testified that he went back home and gave his wife the check and then got in the car and drove out past the trailer; that he turned around to make sure there wasn't anybody at home; that no lights were on and he didn't see a car; that he stopped in front of the driveway and fired five times into the back of the trailer; that he then drove off and went to Dale's Lounge, where he had a beer; that he did not know either Mr. or Mrs. Glover and had never met them; that later appellant instructed him to say that Geraldine had a contract out on her husband's life and that she would pay $25,000.

Mary Francis Rowell, wife of Wayne Rowell, testified to the arrival of appellant at their home the night of the shooting and the comings and goings of her husband.

Mary Ellen Fehr testified that she had known appellant for approximately a year and a half and had purchased a pound of pot from him; that Geraldine was present during the transaction and took her check for the pot; that following the initial sale, she bought drugs frequently from appellant; that at appellant's request she wrote a letter to Stephen Glover and enclosed nude pictures of Geraldine which were supplied by appellant. When asked why she did this, Miss Fehr said appellant told her he had Mafia connections and would help get her and Bill Williams into the Mafia; that appellant told her that Geraldine was a "narc" agent and "if he were to wake up one morning and find them dead, there would be $500 deposited into somebody's account where, it was due"; that mention of killing Geraldine was again made to Miss Fehr by appellant; that appellant wanted to know if she had found someone to make a bomb. William L. Williams, Jr., corroborated testimony of Miss Fehr and stated that appellant talked to him about blowing up a trailer and a scheme that was concocted to bomb the trailer. He also testified about making an affidavit at the request of appellant as to Geraldine's mental state and her desire to have her husband killed.

Donald Raymond Church, an acquaintance of appellant, testified to an incident when he and some friends were at appellant's house. He testified that appellant "mentioned that he wanted this girl, Geraldine Glover, killed and wanted to know if any of us would do it for him and we talked about it and then he got in the car with us and we rode over to where Mrs. Glover lived and he showed us the house and everything." Church further testified: "He said that if she was killed or done away with that he would pay Bill Williams $500 and let him give it to whoever you know, done the job."

Appellant testified that he had nothing to do with the death of the victim; that he was being framed because he had provided information to the police that led to the arrest of friends of some of the witnesses. He testified that during his affair with Geraldine she had told him that she had Stephen well insured and indicated that there was $25,000 insurance on Stephen which she would split with him if he would kill her husband; that he knew where Stephen went hunting and she suggested that he go out there and kill him. He testified that the $50 he paid Rowell was for fixing his air compressor; that Rowell had come *17 over to where he was staying the night of the shooting and wanted to collect for fixing it; that he paid him and told him his brother would pick up the compressor later.

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Bluebook (online)
325 So. 2d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-state-fladistctapp-1975.