Gregory Yancey v. Carroll County, Ky.

876 F.2d 1238, 1989 WL 32448
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 27, 1989
Docket87-5898
StatusPublished
Cited by134 cases

This text of 876 F.2d 1238 (Gregory Yancey v. Carroll County, Ky.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory Yancey v. Carroll County, Ky., 876 F.2d 1238, 1989 WL 32448 (6th Cir. 1989).

Opinion

BOGGS, Circuit Judge.

Appellants Greg Yancey, Kenneth Ash-craft, and Ron Cardwell appeal the district court’s grant of summary judgment for defendants in this 42 U.S.C. § 1983 action. For the reasons that follow, we affirm in part and remand in part.

*1240 I

This case involves the “mistaken” arrest and/or search of appellants in the course of investigating a grisly murder in Carroll County, Kentucky. Carroll County, Car-rollton, and Kentucky State Police (KSP) personnel were jointly involved in the investigation. The pertinent facts are as follows.

Ruby L. Bickers and Roy Bickers were found murdered at their home on the morning of March 29, 1985. The bodies were found by Carrollton Police Chief Laman Stark, Carrollton Police Officer Ronnie Cul-ver, and KSP Trooper Milton Aldridge. The deaths had been caused by hacking or slashing the victims with a sharp instrument that “widened quickly” at the base. The murder weapon was characterized on a report as a hatchet, but the officer who wrote the report stated that this only meant that the murder weapon was not a knife. Mrs. Bickers’s fingers had been slashed and according to doctor’s reports, the fingers were slashed while Mrs. Bickers was trying to defend herself. Rings were found on her fingers. Robbery was believed to be the motive for the murders, and there was initially a particular concern that rings and other jewelry might have been taken.

Following the discovery of the bodies, officers from the Kentucky State Police, the Carrollton Police Department, the Carroll County Sheriff’s Department, and the Carroll County Coroner would gather each morning at the Carrollton Police Department to discuss the status of the investigation. The officers would determine what investigative work was needed and would divide up these tasks. These sessions were held beginning on March 80 and extending through April 9, 1985.

On April 5, 1985, Detective Harrison received an anonymous telephone call at the KSP Post at Dry Ridge, Kentucky from someone who claimed to have heard a confession to the Biekerses’ murders. Detective Harrison made arrangements to have the anonymous caller come to the State Police Headquarters the next day. The anonymous caller was Faye Smith, appellant Yancey’s aunt. Smith told the police that Yancey confessed to the murders of Roy and Ruby Bickers to her and her son while they were driving near Williamstown, Kentucky. Smith stated that Yancey had told her that he had stopped by the Bick-erses’ home on the evening of the murder, had a cup of coffee with the couple, and then left. Smith stated that Yancey had then told her that he forced his way back into the Biekerses’ home, attacked them with a machete, hacked off Mrs. Bickers’s fingers in order to get her rings, and watched as they bled to death. Smith also informed the police that Yancey told her that the murder weapon, a machete, was at the trailer of his friends, Ashcraft and Cardwell.

Based upon Smith’s account, Yancey became a suspect in the Biekerses’ murder. Investigators went back to the murder scene and looked for evidence which might tend to disprove or corroborate Smith’s account. Police determined that the door had been forced open. There was a swath of carpet which was under Mrs. Bickers’s hand that appeared to have cut marks on it. Police also found a coffee cup in the kitchen sink. After analysis, police determined that the only fingerprints on that coffee cup were from Mrs. Bickers, and that the cut in the carpet swath was made long before the murders.

On April 9, the police also contacted Ms. Smith in order to determine whether a pair of Mrs. Bickers’s earrings matched any of the rings allegedly shown her by Yancey. After examining the earrings, Smith told the police that she believed that the earrings matched a ring shown her by Yancey. At this time, the police did not attempt to interview Smith’s son about his account of the incident.

On the morning of April 10, 1985, Judge Billingsley of the Carroll County District Court was presented with a request from Detective Hamilton to issue an arrest warrant for Greg Yancey for the murders of Ruby and Roy Bickers. He was also asked to issue a search warrant for the Ash-craft/Cardwell trailer in Williamstown, Kentucky. The requests were supported *1241 with affidavits signed by Commonwealth’s Attorney Ackman. These affidavits summarized the information known to the investigators at that time concerning the informant’s tip, but did not include information about the nature of Mrs. Bickers’s finger wounds or information regarding the lack of corroborative fingerprint evidence placing Yancey at the murder scene.

Though only one informant had spoken to the police at this time, Judge Billingsley recalled in his deposition that he may have been told that two witnesses had heard Yancey’s “confession” and given statements to the police. When asked if he would have granted the warrant if he had only been told of one informant, he responded, “you know, if you have two informants, it’s better than having one, but this was quite sufficient on its own.”

On April 10, 1985, Judge Hall of the Boone County District Court was asked by Detective Harrison to issue a search warrant for the home of Greg Yancey. In his deposition, Judge Hall stated that at the time of the request, he questioned the adequacy of the affidavit, and Harrison then told him that Officer Carl Parker had seen Greg Yancey carrying what might have been weapons into his apartment. This recollection was substantiated by a change in the affidavit made by order of Judge Hall saying that Yancey had been seen with weapons at a Boone County address on April 9. According to his deposition, Judge Hall was not absolutely sure he would have issued the warrant without this statement. Specifically, Judge Hall stated:

“Again, all I can say about the weapons, I do recall the conversation because it was a very dramatic type of statement the officer was telling that Officer Parker had seen, and certainly I felt good about issuing the warrant when they left and based on that.
But again, going back to whether I would have signed the warrant without knowing that particular bit of information, I don’t think so. I believe that the — and to be honest, I believe in reading it now, that it was sufficient to issue a search warrant on.”

Detective Harrison later stated in his deposition that there had been some confusion and that in fact he had been told by Officer Simpson that Officer Parker had seen Yan-cey carrying a machete into his apartment on April 6.

On April 10, 1985, Yancey was arrested in his home for the murders of Ruby and Roy Bickers. His home and the Ash-craft/ Cardwell trailer were searched. The search did not turn up any new evidence. Hair and blood samples were taken from Yancey, but did not match those samples found at the scene of the crime. On April 12, 1985, the file was closed to public view by an order from Judge Billingsley. During this time, appellant alleges that there was much speculation about his guilt. On April 15, 1985, the day that the grand jury was to meet, the officers agreed that the charges against Yancey should be dropped.

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Cite This Page — Counsel Stack

Bluebook (online)
876 F.2d 1238, 1989 WL 32448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-yancey-v-carroll-county-ky-ca6-1989.