Emilia L. Carr v. State of Florida

156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524
CourtSupreme Court of Florida
DecidedFebruary 5, 2015
DocketSC11-476
StatusPublished
Cited by17 cases

This text of 156 So. 3d 1052 (Emilia L. Carr v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emilia L. Carr v. State of Florida, 156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524 (Fla. 2015).

Opinions

PER CURIAM.

Emilia L. Carr appeals her conviction for first-degree murder and sentence of death. For the reasons below, we affirm.1

BACKGROUND

This case involves a love triangle between the victim, Heather Strong, her estranged husband, Joshua Fulgham, and the defendant, Emilia Carr, that ended when Carr and Fulgham carried out their plan to murder Strong.

The evidence at trial, which included several statements from Carr, established that Strong “wouldn’t come within five feet” of Carr because Carr had previously attacked Strong with a knife. So, on the evening of February 15, 2009, Fulgham lured Strong to an isolated mobile home, which was being used as a storage trailer on property where Carr lived in a house with her family, under the pretense that Carr had hidden some money in the trailer. Earlier that day, Fulgham had called Carr, who was seven months pregnant with his child,2 and asked her whether she was still “down with” what they talked about, referring to their plan to kill Strong. Thinking Fulgham was joking and would not go through with it, Carr responded “yeah, sure, whatever.” But when Fulgham showed up at her house with Strong, Carr “knew it was for real.”

Acting according to plan, Carr waited in the house for a few minutes before going out to the storage trailer. When Carr entered the trailer, Fulgham had Strong' sitting down in a chair and was confronting her about having him arrested the month before for allegedly assaulting her and about her plans to leave Florida and take their two children with her. After Carr entered the trailer, Strong tried to escape and, in the process, knocked Carr down, knocked out one of the trailer’s windows, and urinated on herself.

Fulgham wrestled with Strong, dragged her back to the chair, and took her shoes off so that he and Carr could tape her legs together. Using duct tape from the storage trailer, Fulgham held Strong down while Carr taped her to the chair. Carr taped Strong’s feet and hands together, but Strong got loose, so Carr taped Strong’s hands to the arms of the chair. Carr also taped Strong’s body to the chair. During this, Strong said that she did not want to be taped up or held down because she was claustrophobic. Strong was also crying and saying “Josh, why?” and asking Carr for help. Fulgham told Strong that he was doing this “because you keep trying to take my kids.” Fulgham then made Strong sign a document that he and his mother had prepared earlier that day purporting to give him custody of their two children. At some point, Carr claimed that Fulgham broke the flashlight that she had brought with her by hitting Strong over the head with it, so Carr found a candle in the trailer to light so that they could see.

After Strong was taped to the chair she “wasn’t squirming [and] didn’t need to be [1058]*1058held down.” Carr put a garbage bag (also from the storage trailer) over Strong’s head, Fulgham pulled the bag back to tighten it around Strong’s head, Carr pulled the duct tape off the roll for Fulg-ham, and Fulgham wrapped the tape around Strong’s neck. Then, Carr made two attempts to break Strong’s neck. When she could not do it, Carr claimed that Fulgham put his hand over Strong’s nose and mouth, which were still covered by the plastic bag, and suffocated her. After the murder, Carr wrapped Strong’s head in a blanket from the trailer, and Fulgham put her in a suitcase, also from the trailer. Within a day or two, Fulgham returned to Carr’s house with a shovel and buried Strong near the trailer.

Nine days after Strong’s murder, on February 24, 2009, Strong’s cousin reported her missing. Police officers interviewed several people in connection with Strong’s disappearance, including Fulg-ham. Between the night of March 18, 2009, and the early morning hours of March 19, 2009, Fulgham implicated Carr, who was also being interviewed by police, in Strong’s murder and led police to the place where Strong’s body was buried. Later that day, police obtained a search warrant and recovered Strong’s body from a shallow grave under a debris pile near the storage trailer. Strong’s body was partially inside a suitcase, and part of her body was wrapped in a blanket. According to the medical examiner, the cause of death was suffocation.

Carr was arrested and charged with Strong’s first-degree murder and kidnapping. During the guilt phase, the medical examiner testified that she assisted with excavating the body and obtained a thumb print that was later matched to Strong. She also testified that Strong was wearing a gray tee shirt, jeans, and socks, but no shoes, and that she recovered duct tape from the outside of Strong’s jeans. She further testified that she found a bruise under Strong’s scalp in the mid-forehead area that was caused by blunt force trauma that was not life threatening.

Law enforcement recovered evidence from the trailer, including several pieces of duct tape and hairs from the duct tape and an office chair, and documented a broken window in the trailer. Stains on some of the tape tested positive for blood. The FDLE crime lab analyst testified that the presumptive blood stain on one piece of tape matched Strong and that he was able to include Strong on the DNA profile from the second piece of tape. He also testified that the hairs taken from the duct tape and computer chair matched Strong’s DNA.

The jury also heard Carr’s multiple recorded statements to police and her recorded conversation with Fulgham’s sister, who was working with police. Carr’s story changed several times. She went from saying that she had not seen Strong since January 2009, to having information she claimed that Fulgham told her about killing Strong, to finding Strong in the trailer the day after Fulgham killed her, to “hypothetically” being an eyewitness to Fulg-ham killing Strong, and, finally, to helping Fulgham carry out a plan to kill Strong and providing details of her murder. Carr also led police to shoes that she claimed Strong had worn on the night of the murder and accurately described the clothes that Strong was wearing and how she was buried, including that a blanket was wrapped around part of her body.

Several witnesses testified to threats that Carr had made against Strong in the weeks before her murder. First, James Acome, who was living with Strong at the time of her murder and who is also allegedly the father of one of Carr’s four children, testified that he saw Carr pull a knife on Strong in January 2009. Acome [1059]*1059testified that, after Strong refused to write a letter to get Fulgham out of jail for allegedly assaulting her, Carr walked up behind Strong, wrapped Strong’s hair around her hand, pulled a knife, and put it to Strong’s throat. Acome said that he grabbed Carr in a chokehold and she dropped the knife, and then Carr and Strong apologized to each other. Acome further testified that Carr offered him and Jason Lotshaw, who also socialized with Fulgham, Strong, and Carr, $500 to help her kill Strong in early January 2009.

Second, Lotshaw testified that he and Acome took Carr to the store while Fulg-ham was in jail in January 2009, and on the way Carr offered to pay $500 from her income tax refund to help lure Strong and get her drunk so that Carr could snap Strong’s neck. Lotshaw testified that he knew Carr was serious about killing Strong because he had known her for over 10 years.

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Cite This Page — Counsel Stack

Bluebook (online)
156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emilia-l-carr-v-state-of-florida-fla-2015.