Plantz v. State

1994 OK CR 33, 876 P.2d 268, 65 O.B.A.J. 1968, 1994 Okla. Crim. App. LEXIS 38, 1994 WL 199991
CourtCourt of Criminal Appeals of Oklahoma
DecidedMay 20, 1994
DocketF-89-279
StatusPublished
Cited by56 cases

This text of 1994 OK CR 33 (Plantz v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plantz v. State, 1994 OK CR 33, 876 P.2d 268, 65 O.B.A.J. 1968, 1994 Okla. Crim. App. LEXIS 38, 1994 WL 199991 (Okla. Ct. App. 1994).

Opinions

OPINION

LUMPKIN, Presiding Judge:

Appellant Marilyn Kay Plantz was tried by jury and convicted for the crimes of Murder in the First Degree (Count I) in violation of 21 O.S.Supp.1982, § 701.7; Third Degree Arson (Count II) in violation of 21 O.S.1981, § 1403(A); Solicitation to Commit Murder (Count III) in violation of 21 O.S.1981, §§ 701.7 & 701.16; and Conspiracy to Commit Murder (Count IV) in violation of 21 O.S.1981, §§ 421 & 701.7, Case No. CRF-86-4781, in the District Court of Oklahoma County. The jury recommended as punishment the death penalty for Count I; fifteen (15) years imprisonment and ten thousand dollar ($10,000) fine in Count II; one hundred (100) years imprisonment for Count III; and ten (10) years imprisonment on Count IV. The trial court sentenced accordingly and it is from this judgment and sentence that Appellant appeals.

Appellant and co-defendant Clifford Bry-son were found guilty of the first degree murder of Appellant’s husband, James Plantz. On August 26, 1988, at approximately 4:00 a.m., Mr. Plantz, a long time employee at the Oklahoma Publishing Company, left his job and headed home. At that time Mr. Plantz was insured for approximately two hundred ninety-nine thousand dollars ($299,-000.00). Appellant was the beneficiary. At approximately 5:15 a.m. that same morning, in the northeast part of Oklahoma City, the decedent’s charred body was discovered inside his burned out pickup truck. The driver’s side door was open. The decedent’s body was slumped behind the steering wheel and his left leg was outside the pickup, his foot resting flat on the ground. Identified by dental records, an autopsy later revealed that the decedent had died from a combination of a blunt force injury to the head and thermal injuries caused by the fire.

The ensuing investigation into the homicide lead to Appellant and Bryson. They had an ongoing personal relationship and had previously attempted to have the decedent killed. Appellant had indicated to Bryson the decedent was abusive to her and she wanted to get rid of him and collect on his life insurance policy. Appellant had approached Bryson and Clinton McKimble1 [272]*272about killing the decedent and collecting the life insurance proceeds. She suggested the men drive up on the side of his pickup and shoot him, or catch him coming home from work and beat him. McKimble was offered forty-five thousand dollars ■ ($45,000.00) for his part. At that time, McKimble indicated he was not sure he wanted to be a part of the plan. He subsequently changed his mind. With Appellant’s help, he and Bryson stole a ear and waited for the decedent to get off work. The plan was to drive up behind the decedent, bump his pickup so that the decedent would have to pull over and exit the vehicle, at which time they would kill him with baseball bats provided by Appellant. When the men lost the decedent’s pickup in the highway traffic, the plan was abandoned. Appellant subsequently gave Bryson a gun to shoot the decedent, but he pawned it.

Bryson subsequently offered Roderick Farris ($40,000.00) to kill the decedent. Terry Norman overheard Bryson say he had just talked to Appellant. She was upset because the decedent had physically assaulted her. When Farris asked why she just did not divorce the decedent, Bryson answered that she wanted to collect some money. Bryson indicated that if he had to kill the decedent by himself, he was going to catch the decedent coming home from work one morning, beat him with a baseball bat and set him on fire in his truck. A week later, Farris again encountered Bryson and Appellant at a local grocery store. Bryson offered Farris ten thousand dollars ($10,000.00) to kill the decedent. He then introduced Farris to Appellant as “the one I was telling you about that would kill your husband.” Appellant told Farris it would have to look like an accident. Later that night Bryson, Farris, and McKim-, ble met at the Plantz home where they ate hamburgers and listened to music while waiting for the decedent to come home from work. When Farris heard someone at the front door, Appellant told him if it was the decedent to “take him out now”. Bryson picked up a hammer and McKimble a knife, but it was not the decedent. Later that night, Farris was arrested and jailed on an unrelated charge.

Two days later, Bryson and McKimble were again with Appellant. Bryson picked Appellant up from work, where she had just quit her job. Waiting for the decedent to go to work at 6:00 p.m., they drove around, going to a bank where Appellant withdrew money she subsequently spent on cocaine and beer. Arriving at the Plantz home later that evening, Appellant retired to her bedroom at approximately 10:30 p.m. Bryson and McKimble remained in the living room drinking beer and smoking cocaine until approximately 11:30 p.m., when they fell asleep. Hours later, hearing a key in the front door, they hid on opposite sides of the house. The decedent entered the house whistling, a bag of groceries in his arms. Bryson struck first, hitting the decedent with the baseball bat. The decedent cried out for Appellant, but Bryson hit him again with McKimble soon joining in. The men repeatedly struck the decedent because “he would not stay down”. Finally, the decedent crumpled to the floor. As he lay moaning, Bryson and McKimble picked him up and took him outside, setting him beside his pickup truck. Appellant emerged from the house, handed the pickup keys to Bryson and commented that the decedent’s “head was busted open” and that it was not going to look much like an accident. She told the men “to burn him.” They placed him in the bed of his pickup and Bryson drove to a deserted location on the route the decedent would have taken to work. McKimble followed in Appellant’s car. The decedent was then placed in the cab of the pickup, behind the steering wheel. His body slumped over to the side. McKimble placed a rag in the gas tank and lit it. It failed to catch on fire. Bryson then poured gasoline on the decedent and in the cab of the pickup. He threw a match in and the pickup caught on fire. As the men drove away, they turned around and saw the decedent raise up.

Bryson and McKimble returned to the Plantz home where Appellant was cleaning up the blood. McKimble helped clean the floor and while Appellant cleaned the baseball bats. She directed the men to exchange their bloody clothes for clothes belonging to the decedent. She placed their bloody clothes in a sack and told them to get rid of [273]*273the sack. The men soon left Appellant’s home, throwing the sack of bloody clothes in the river. After going to a convenience store where they purchased sandwiches and drinks with money from the decedent’s trousers, they went to a friends home, Michael Kendrick. Bryson and McKimble told Kendrick' about killing the decedent. When asked about Appellant’s two children, Bryson said they were asleep in their rooms at the time of the murder. Bryson phoned Appellant, asking if she was all right. Kendrick overheard Bryson to say that they must stay close and that Appellant had purchased a rug to cover up blood stains.

PRE-TRIAL ISSUES

A.

Appellant asserts in her first assignment of error that she was denied her constitutional right to a fair trial by the prejudicial joinder of her trial with that of co-defendant Bryson. Title 22 O.S.1981, § 484, provides that two or more defendants may be charged in the same information if they are alleged to have participated in the same act or series of acts constituting an offense or offenses.

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Cite This Page — Counsel Stack

Bluebook (online)
1994 OK CR 33, 876 P.2d 268, 65 O.B.A.J. 1968, 1994 Okla. Crim. App. LEXIS 38, 1994 WL 199991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plantz-v-state-oklacrimapp-1994.