Scott v. State

637 S.E.2d 652, 281 Ga. 373, 2006 Fulton County D. Rep. 3604, 2006 Ga. LEXIS 965
Supreme Court of Georgia·Decided November 20, 2006·No. S06A0820·Published·Cited by 23 cases

Opinions

HINES, Justice.

Xzavier Scott appeals his convictions for felony murder while in the commission of cruelty to a child and giving false information to a law enforcement officer, in connection with the death of his daughter, Shaniya West. For the reasons that follow, we affirm in part and reverse in part.* 1

Construed to support the verdicts, the evidence showed that Shaniya West was the 13-month-old daughter of Scott and Tandi West. The three shared an apartment with Wandisia Buffington, Buffington’s three-year-old son, and Buffington’s boyfriend, James Nelems. On the day of Shaniya’s death, West left for work, leaving Shaniya in Scott’s care; Shaniya was healthy at that time. Buffington and her son were also in the apartment; Nelems had left for work. [374] Buffington awoke at approximately 11:00 a.m.; at 12:30 p.m., she briefly heard Shaniya crying upstairs, but did not see her. Buffington saw Scott once, when he came downstairs to speak with West on the telephone, shortly after Shaniya cried. Buffington next saw Scott at 2:50 p.m., when he left the apartment for the first time that afternoon to get West from work. West returned to the apartment that afternoon; Shaniya was not breathing normally. West asked Buffington to call 911. In addition to an ambulance, police officer Charles Cook responded to the call. Scott identified himself to Cook as “John Scott,” Shaniya’s father.

Shaniya was taken to a hospital and West and Scott followed. Scott told a physician that he left the apartment for 15 minutes to visit neighbors at 12:45 p.m. As the medical personnel suspected child abuse, police officers were called to the hospital. Cook was again one of the responding officers, and Scott again identified himself as “John Scott.” At the hospital, Detective Edward Benefield asked Scott to make a statement at the offices of the Major Case Division of the police department. Cook drove Scott to the offices in a patrol car; Benefield drove separately. Shaniya later died.

Scott’s statement to Detective Benefield was that: he awoke at 11:30 a.m., fed Shaniya, and went back to sleep; he awoke again at 1:30 p.m. to find Shaniya having trouble breathing; he telephoned West and told her that Shaniya was lethargic; West said to try to feed her again, and he responded that she would not stay awake long enough; he left the apartment at 2:50 p.m. to meet West at work, telling Buffington to watch the child; when West examined Shaniya, she decided to telephone for an ambulance. Scott told Detective Benefield that he did not leave the apartment between 11:30 a.m. and 2:50 p.m.

Medical evidence showed that Shaniya died of trauma to the brain, resulting from being struck on the head with an object, being forcefully struck against an object, or being violently shaken. She would have displayed signs of distress “within minutes” after these injuries were inflicted. Her body also revealed injuries to her ribs that were in the process of healing at the time of her death, and had been inflicted six to twelve weeks earlier; these were the result of Shaniya being severely squeezed.

1. Scott contends that the State presented only circumstantial evidence that did not exclude all reasonable hypotheses except that of his guilt. See OCGA § 24-4-6.

[Q]uestions as to the reasonableness of hypotheses are generally to be decided by the jury which heard the evidence and where the jury is authorized to find that the evidence, [375] though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, that finding will not be disturbed unless the verdict of guilty is insupportable as a matter of law. [Cit.]

Robbins v. State, 269 Ga. 500, 501 (1) (499 SE2d 323) (1998). The evidence was sufficient to enable a rational trier of fact to find Scott guilty beyond a reasonable doubt of the crimes of which he was convicted. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. The trial court denied Scott’s motion to exclude his statement to the police. Scott asserts that this was error because the statement was not freely and voluntarily made, as it was given without the police first advising him of his Miranda rights.2 “Miranda warnings are required when a person ‘is (1) formally arrested or (2) restrained to the degree associated with a formal arrest.’ [Cit.] Unless a reasonable person in the suspect’s situation would perceive that he was in custody, Miranda warnings are not necessary. [Cit.]” Robinson v. State, 278 Ga. 299, 301 (2) (602 SE2d 574) (2004). “On appeal, the issue is whether the trial court was clearly erroneous in its factual findings regarding the admissibility of the statements. [Cit.]” Jackson v. State, 272 Ga. 191, 193 (3) (528 SE2d 232) (2000).

At the hospital, Detective Benefield asked Scott if he would come to the police station and discuss the circumstances surrounding the incident. Scott was told that he was not being singled out, that Benefield would ask for statements from all the adults in the apartment; as West and Scott were the adults then available, Benefield thought it best to request Scott’s statement first, leaving Shaniya’s mother at the hospital. Scott was transported to the police station3 in the rear seat of a police car with a security screen between the front and rear seats; he was not handcuffed. See Gabriel v. State, 280 Ga. 237, 237-238 (2) (626 SE2d 491) (2006). Both Cook and Benefield testified that it was normal procedure to drive a witness in a patrol car with such a screen if one was available; Benefield’s car did not have such a screen. Similarly, before allowing Scott into the police car, Cook performed a pat-down for weapons. Cook testified that: this is always done for the officer’s safety; he explained this fact to Scott; and [376] that the procedure would have been the same had he picked up a stranded motorist. At all times, Scott appeared to be in full command of his faculties.

Cook testified that if Scott had asked to be let out while en route, Cook would have called Benefield for approval to do so; Benefield testified that if this had occurred, he would have tried to persuade Scott to cooperate and make a statement, but if Scott wanted to exit Cook’s vehicle, “there’s nothing I could do to stop him from going home.” And, once at the station, had Scott asked to terminate the interview, Benefield would have given him a ride home.

Free access — add to your briefcase to read the full text and ask questions with AI

Scott v. State, 637 S.E.2d 652, 281 Ga. 373, 2006 Fulton County D. Rep. 3604, 2006 Ga. LEXIS 965 (Ga. 2006).

637 S.E.2d 652 (Scott v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bowen, Warden v. Noel
868 S.E.2d 213 (Supreme Court of Georgia, 2022)
Justin Daniel Rice v. State
Court of Appeals of Georgia, 2020
Elkins v. State
306 Ga. 351 (Supreme Court of Georgia, 2019)
De La Cruz v. State
303 Ga. 24 (Supreme Court of Georgia, 2018)
Gilreath v. State
784 S.E.2d 388 (Supreme Court of Georgia, 2016)
Freeman v. State
764 S.E.2d 390 (Supreme Court of Georgia, 2014)
Israel Moses Jones v. State
Court of Appeals of Georgia, 2013
Jones v. State
740 S.E.2d 655 (Court of Appeals of Georgia, 2013)
Smith v. State
721 S.E.2d 892 (Supreme Court of Georgia, 2012)
Hodges v. State
714 S.E.2d 717 (Court of Appeals of Georgia, 2011)
Hall v. State
709 S.E.2d 910 (Court of Appeals of Georgia, 2011)
Bush v. State
699 S.E.2d 899 (Court of Appeals of Georgia, 2010)
Hinds v. State
673 S.E.2d 598 (Court of Appeals of Georgia, 2009)
Bostic v. State
672 S.E.2d 630 (Supreme Court of Georgia, 2009)
Dodd v. State
668 S.E.2d 311 (Court of Appeals of Georgia, 2008)
Sewell v. State
662 S.E.2d 537 (Supreme Court of Georgia, 2008)
Corbin v. State
651 S.E.2d 101 (Court of Appeals of Georgia, 2007)
Gerlock v. State
641 S.E.2d 240 (Court of Appeals of Georgia, 2007)
Scott v. State
637 S.E.2d 652 (Supreme Court of Georgia, 2006)