Eller v. State

811 S.E.2d 299
CourtSupreme Court of Georgia
DecidedMarch 5, 2018
DocketS17A1549
StatusPublished
Cited by30 cases

This text of 811 S.E.2d 299 (Eller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eller v. State, 811 S.E.2d 299 (Ga. 2018).

Opinion

Grant, Justice.

*302Appellant Steven Mark Eller was found guilty of malice murder and other crimes, and his sister, Appellant Tammy Murphy, was found guilty of felony murder and other crimes, all in connection with the March 2013 shooting death of Murphy's boyfriend, Danny Lamar Gravley. Appellants now appeal, asserting that the evidence was insufficient to sustain Murphy's felony murder and aggravated assault convictions, that the trial court committed reversible error by allowing the alternate jurors to remain in the jury room during deliberations, and that Appellants' trial counsel each rendered ineffective assistance for several reasons. Finding no reversible error, we affirm.1

I.

Viewed in the light most favorable to the jury's verdict, the evidence at trial showed that Danny Lamar Gravley lived with his girlfriend, Tammy Murphy, and her brother, Steven Mark Eller, the two Appellants in this case. On March 16, 2013, Gravley's nephew, Jason, gave Gravley a ride home from a funeral that they attended together. Jason made plans with Gravley to go to church and move a china cabinet the following day.

The next morning, March 17, 2013, officers from the City of Emerson Police Department discovered an abandoned white pickup truck with Gravley's dead body lying in the bed of the truck. He had been shot in the head. An autopsy later determined that Gravley was shot once in the head with a .38 bullet fired from a handgun. There was no blood in the cabin of the truck but the passenger's seat was full of personal items, including a footlocker and clothing, leaving only enough room for the driver in the cab. GBI agents reasoned that Gravley had been shot in another location because there was no blood spatter in the truck bed. The lividity and temperature of the body suggested that the victim had been dead for several hours.

Meanwhile, Gravley's nephews were trying to determine his whereabouts. Jason called Murphy to ask where Gravley was, and she told Jason that she and Gravley had gotten into an argument the previous night and that she had not seen him since he left around 10:00 p.m. Murphy told the same story to another of Gravley's nephews, Charlie. Both nephews thought Murphy sounded unusually "matter-of-fact," "detail[ed]," "plain," and "deliberate" in how she described the events of the previous night.

When GBI agents arrived at Appellants' residence, the fire department was there responding *303to a backyard fire that was out of control. Murphy told firefighters that she was burning "stuff" in the back yard. Firefighters extinguished the flames and noticed that trash and household items were being burned. GBI agents knocked on the door and Eller answered. He had a serious foot injury. Agents informed Eller and Murphy that Gravley was dead. According to an agent, Murphy "cried just a little, not as much as you would normally expect of someone who had lost a loved one." Both Appellants denied harming the victim. According to Murphy, there had been a domestic altercation the night before, during which Gravley bit her. She said that Gravley left in his truck because he "wanted to go off and just blow off some steam," and that she had not seen him since. Murphy had a bite mark on her wrist and bruising near her elbow. The bite mark was consistent either with Murphy having bitten herself or with Murphy's arm being around the neck of the person who bit her.

The following day, Sergeant Jonathan Rogers, along with other police officers from the Bartow County Sherriff's Office, went back to the residence shared by Appellants and Gravley. When law enforcement arrived, Murphy's daughter and Eller were there, but Murphy was not. Eller left the house with investigators, and Sergeant Rogers waited for Murphy to return. While in the back yard, Sergeant Rogers observed what appeared to be blood on the siding of the house, on a step going up to the back deck, and on two fence posts. Sergeant Rogers saw Murphy drive toward the house and then turn around and drive away. Suspecting that she was attempting to avoid law enforcement, he followed her without his blue lights activated. Murphy apparently noticed that Sergeant Rogers was following her and, after driving for about half a mile, she pulled over and exited her vehicle. Murphy appeared "nervous and edgy," and agreed to go back to her house to speak with Sergeant Rogers. While Sergeant Rogers was speaking with Murphy, officers began to search the premises pursuant to a search warrant.

Sergeant Rogers advised Murphy of her rights under Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), but explicitly informed her that she was not under arrest and that she was free to go. A search of Murphy's car revealed small red stains that appeared to be blood on the passenger's "pull down handle." Sergeant Rogers asked Murphy to look at those markings to see if there could be some kind of explanation for why they would be there but she "could not offer any kind of explanation, did not say anything." Appellants' shoes were also seized-no blood was found on Murphy's shoes, but Eller's shoes revealed blood from an unknown source.

The next day, Appellants voluntarily appeared at the sheriff's office, waived their Miranda rights, and gave separate interviews to law enforcement. Murphy said that she and Gravley had been arguing all night on March 17, noting that "it happens all the time." According to Murphy, she and Gravley were fighting in her bedroom, and she left and went to Eller's bedroom for help, but Eller was not there. Gravley, who had a gun at the time, followed Murphy into Eller's room and was calling Murphy names and threatening her. She said he also bit her. Gravley then grabbed her and threatened to have someone come kill her. In Murphy's telling, Eller then came up behind Gravley and the two men struggled for the gun. The struggle over the gun caused Eller, Gravley, and Murphy to fall onto Eller's bed, and when they fell, the gun went off. Murphy admitted that she was drunk and that, after the shot, "many drunken decisions were made." She also said that she had gotten Gravley's body out through the front door. The next thing Murphy recalled was that she drove Gravley's truck down Interstate 75. She stated that "Gravley's gun was thrown out along I-75 somewhere."

Eller's version of events was similar, but not identical. He said that he had sustained a foot injury during the incident that was "killing him," but was too nervous to go to the hospital. Eller also indicated that he had a "drunken memory" of the incident, and stated that his brother and sister-in-law had come to the house to drink and that "everyone was buzzing." At some point, his brother and sister-in-law left, and he went to the back yard and set a stump on fire. When he *304went to his bedroom, he saw Gravley pointing a gun at Murphy, so he ran up behind Gravley and knocked his arm in the air to deflect the aim from Murphy.

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Bluebook (online)
811 S.E.2d 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eller-v-state-ga-2018.