Rule v. State

890 S.W.2d 158, 1994 Tex. App. LEXIS 3031, 1994 WL 677933
CourtCourt of Appeals of Texas
DecidedDecember 6, 1994
DocketNo. 06-93-00159-CR
StatusPublished
Cited by5 cases

This text of 890 S.W.2d 158 (Rule v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rule v. State, 890 S.W.2d 158, 1994 Tex. App. LEXIS 3031, 1994 WL 677933 (Tex. Ct. App. 1994).

Opinions

OPINION

GRANT, Justice.

Tim Rule appeals from his conviction for capital murder. He contends that the trial court erred by admitting taped statements that he made in response to police interrogation; that the court erred in overruling his motion to suppress evidence obtained through an illegal arrest; that the court erred in overruling his motion to transfer venue; and that the evidence was factually insufficient to support the jury’s finding that he was guilty of murder.

The undisputed evidence shows that two men, Eddie Wardlaw and Cedric Baker, were shot and killed in an execution-style slaying in a club owned by Louanne Larson at Lake of the Pines. The undisputed evidence also shows that Tim Rule, Louanne Larson, and [161]*161Tim Rice were alone in the club with the two victims when they were killed. There is no evidence that Tim Rule shot either of these individuals.

Tim Rice, who was a State’s witness, testified that on the afternoon before the murders, while driving around, he had picked up Baker, gone to Cheryl Riggs’ home and met Wardlaw. Late that night, Riggs and Rice then went to the club, where they, Rule and Larson used drugs. Rice testified that Larson thereafter asked him to bring Wardlaw to the club. Rice took Riggs home, picked up Wardlaw and Baker, and returned to the club.

There is evidence that Larson believed that Wardlaw had stolen about $200 from her till at “Lou’s Place” while working as a doorman there. After Rice brought Wardlaw and Baker to the club, he took them into the office. Rice testified that while Rule cleaned the club, Larson shot Wardlaw, handed him (Rice) the gun, and ordered him to shoot Baker. Rice shot Baker.

There is also evidence that Rice and Rule then wrapped the bodies in plastic bags and wire and placed them into large garbage cans which they loaded into Larson’s automobile, transported them over a hundred miles, and dumped the bodies beside the road. There is testimony from Pamela Smith that Rule and Rice stopped at her home near the area where the bodies were left, and that Rule showed her the 9mm pistol and asked her for help to clean it. After they returned, Larson and Rule canned the pistol to Larson’s aunt in Mount Pleasant and traded it to her for a .25 caliber automatic of much less value— under the pretext that the gun was too heavy.

Tim Rice then took Rule’s pickup truck and fled. Shortly thereafter, Rice contacted the police and informed them of the shootings (of which they were previously unaware) and presented them with one version of the events leading up to the deaths. Based on this information, the officers prepared an affidavit with the assistance of the district attorney’s office. They presented the affidavit to a magistrate and obtained arrest warrants.

Armed with arrest warrants for Rule and Larson, the officers went to Larson’s apartment and, finding both Rule and Larson there, arrested them. Five minutes later, Larson signed a consent to search her apartment and shortly thereafter signed a consent to search her car and the club.

Larson informed the officers of the whereabouts of her pistol, and they recovered it from Larson’s aunt. Forensic analysis of the bullets found in the bodies showed that the deaths were caused by her 9mm pistol. Blood-stained clothing was discovered during the search of her home. The blood was identified as Wardlaw’s, and the stain was caused by blood spatter from a bullet wound. Blood stains found in her office matched both Wardlaw and Baker.1 Blood stains in her car were identified as Wardlaw’s.

Rule made several statements to the police at different times. The trial court admitted his second statement into evidence, and also admitted the statement that he made after recapture in Mexico. When this case was originally tried, a hung jury caused a mistrial. Rule and Larson jumped bail and fled the country, but were recaptured in Mexico two days later. Although Tim Rice testified at the first trial, he refused to do so at the second trial; thus, his recorded testimony was entered into the evidence on the second prosecution of the case. Rule and Larson were each found guilty of the offense of capital murder and were sentenced to imprisonment for life as required by statute.

POST-ARREST STATEMENTS

Rule first contends that the trial court erred by admitting into evidence audio tapes of a statement that he made to the police after his arrest. His contention relies solely upon cases interpreting the federal constitution. We therefore limit our review to that theory. Rule argues that he had requested counsel prior to the making of the statement and that the continued questioning was therefore in violation of his constitutional [162]*162right to counsel. Rule had requested the assistance of counsel immediately prior to the cessation of questioning during his previous interrogation.

STANDARD OF REVIEW AT SUPPRESSION HEARING

On a motion to suppress evidence, the trial judge is the sole and exclusive trier of fact and the judge of the credibility of witnesses, including the weight to be given their testimony. Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990). Thus, the trial court is free to believe or disbelieve the testimony of any witness. This Court does not engage in its own factual review, but determines whether the trial judge’s findings are supported by the record. If they are supported, this Court is not at liberty to disturb them. Etheridge v. State, No. 71,189, 1994 WL 273325 (Tex.Crim.App. June 22, 1994); Upton v. State, 853 S.W.2d 548 (Tex. Crim.App.1993); Cantu v. State, 817 S.W.2d 74, 77 (Tex.Crim.App.1991).

The State argues that Rule initiated the interrogation, thus waiving his right. To establish a waiver, the State must demonstrate that the accused intentionally relinquished a right of which he was aware. Muniz v. State, 851 S.W.2d 238, 253 (Tex. Crim.App.1993). Whether a waiver is shown must depend in each case upon the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. If the State’s evidence shows nothing more than that the accused responded to further police-initiated custodial interrogation, a valid waiver is not shown. Smith v. Illinois, 469 U.S. 91, 105 S.Ct. 490, 83 L.Ed.2d 488 (1984); Muniz, supra.

The State contends that Rule’s request for an attorney was equivocal and did not meet the required level of clarity to require the officers to stop questioning him. A suspect must articulate his desire to have counsel present sufficiently that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney. Davis v. United States, 512 U.S. -,-, 114 S.Ct. 2350,-, 129 L.Ed.2d 362, 371 (1994). The initial request was restated by Officer Brantley and confirmed by Rule:

BF [Officer Brantley Foster]: When we ended the other statement a while ago, you said, T don’t want to talk to anybody else without my lawyer.’ You remember making that statement?
TR [Tim Rule]: Yes sir.

The statement “I don’t want to talk to anybody else without my lawyer” is an unequivocal, clear statement by Rule that he wanted an attorney.

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Bluebook (online)
890 S.W.2d 158, 1994 Tex. App. LEXIS 3031, 1994 WL 677933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rule-v-state-texapp-1994.