Seay v. State

751 So. 2d 32, 1999 Ala. Crim. App. LEXIS 257, 1999 WL 1046484
CourtCourt of Criminal Appeals of Alabama
DecidedNovember 19, 1999
DocketCR-98-1389
StatusPublished
Cited by1 cases

This text of 751 So. 2d 32 (Seay v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seay v. State, 751 So. 2d 32, 1999 Ala. Crim. App. LEXIS 257, 1999 WL 1046484 (Ala. Ct. App. 1999).

Opinion

COBB, Judge.

On June 6, 1997, a Jefferson County grand jury indicted Aloysius Seay for murder. Subsequently, a jury convicted Seay of manslaughter, a violation of § 13A-6-3, Ala.Code 1975, and the trial court sentenced him to 15 years’ imprisonment. The trial court also ordered Seay to pay $3,000 to the victims compensation fund and $2,321.50 in restitution. The trial court recommended that Seay undergo drug rehabilitation and that he attend meetings of Alcoholic Anonymous while he was in prison. (C. 5-6.)

On September 13, 1996, Seay’s brother, Enrico, and Kenneth Colbert, the victim, attended two parties. In the early morning hours of September 14, 1996, after [33]*33they had attended the parties, Seay and Colbert went to Seay’s home, along with a female acquaintance, so Colbert could “sober up.” (R. 96.) Colbert went into Seay’s bedroom. At some point, Seay came home and went into his bedroom. When he saw Colbert in his bed, Seay said, “why [are] you in my bed?” and then fired his gun into the air. (R. 98.) Colbert ran into the front room and said, “[d]amn, man, why you did that, got my ears ringing.” (R. 98.) Although Enrico tried to stop him, Colbert went back into Seay’s bedroom. The acquaintance testified that she and Enrico were near the front door when she heard another gun shot. Colbert stumbled out of Seay’s bedroom saying “[d]amn, man, he shot me.” (R. 101.)

Birmingham Police Officer Garland Shorter was dispatched to Seay’s home in the early morning hours of September 14, 1996. Officer Shorter and another officer arrived at the same time. They knocked on the front door and Seay answered. Officer Shorter asked if someone had been shot. Shorter testified that Seay “blurted out, T shot him’ ” explaining to the officers that when he arrived home, Kenneth Colbert was lying in his bed. (R. 18.) Seay said that he told Colbert to get out of his bed and that Colbert began cursing. Seay fired a shot into the air, which, he said, made Colbert jump out of the bed and get “in his face.” Then Seay shot him. (R. 20.) After Seay told the officers what had happened, the officer assisting Officer Shorter patted Seay down for weapons. The officers asked Seay where the gun was and Seay pointed to his left pants pocket. Officer Shorter retrieved the revolver. The gun contained two spent shells and three live shells. (R. 77.) The officers then went inside Seay’s home and found the victim lying on the floor in the front room.

Later that morning, police Sgt. Kenneth Glass read Seay his Miranda rights and spoke with him. (R. 84-85.) During the audiotaped statement, Seay admitted that he “snapped” and that, before he knew it, he shot Colbert. (State’s exhibit number 48.) Seay stated during the tape-recorded statement that he saw Colbert reaching behind his back, although he said he did not know if Colbert was reaching for a weapon.

The medical examiner testified that Colbert died from a gunshot wound to the lower right abdomen. He testified that the small amount of gunpowder on the shirt indicated an intermediate range gunshot wound. Stippling, caused by gunpowder, causes marks on the skin and occurs when a gun is fired at close range to the skin. (R. 52-53.) The medical examiner said that the maximum range for an intermediate wound is three feet between the barrel of the gun and the wound. (R. 55.) He further testified that Colbert’s blood-alcohol content was .23 when he died.

Forensic expert David Higgins testified that the bullet retrieved from Colbert’s body had been fired from the gun recovered from Seay. (R. 18, 35.)

At trial Seay argued, through the testimony of his brother Enrico, that he acted in self-defense. He testified that in 1996, Aloysius Seay and Kenneth Colbert had gotten into an argument. Also in 1996, Enrico and Aloysius witnessed an argument between Colbert and his girlfriend where Colbert had threatened his girlfriend with a knife and had pushed her into a wall, damaging the wall. Enrico further testified that in 1995, a friend of his, Derrick, and Colbert got into a “shoving match” in front of him and Seay. (R. 148.)

Enrico testified that Seay came home while he and Colbert were at Seay’s home. Aloysius asked Enrico to turn down the music and he then went to his bedroom. Enrico testified that he heard Seay tell Colbert to get out of his bed. Enrico heard a gunshot and went into the bedroom. He said that Seay and Colbert were arguing and shoving each other. Enrico got between them and told Colbert to go to the front room. He said that Col[34]*34bert went into the front room and sat on the couch. Enrico also went into the front room. Enrico testified that Colbert began cursing, pushed him into a wall, and began walking toward the bedroom. Enrico testified that he yelled to Seay because Colbert was reaching for his back pocket. Enrico testified that Seay turned around, saw Colbert reaching for his back pocket, and told Colbert “not to do it.” Colbert said “f_you” and headed toward Seay. Then Seay shot him. (R. 155.)

Seay argues that the trial court erred to reversal by prohibiting him from presenting character evidence of his good reputation in the community and evidence of the specific trait of peacefulness. We agree.

During the defense’s case-in-chief, the defense attorney called Gwendolyn Miller as a character witness. When the defense attorney asked Miller if she knew Seay’s general reputation in the community, the trial court intervened and the following colloquy transpired:

“THE COURT: Hold it just a minute. His reputation is not at issue at this point.
“MR. POLSON [Defense attorney]: General reputation, Your Honor.
“THE COURT: None of his reputation is at issue, is it?
“MR. POLSON: Yes, sir.
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“MR. POLSON: The evidence is a pertinent trait of character....
“MR. POLSON: ... [W]e’re not putting on testimony about truth and veracity because the accused has not testified but general reputation is provable whether or not the accused has taken the stand....
“THE COURT: [Rule] 405(a)?
“MR. POLSON: Yes, sir.
“THE COURT: I don’t find anything.
“MR. POLSON: Judge, the summary to Rule 405(a).
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“THE COURT: I’ll read what I’ve got here. ‘In those instances where the rules authorize evidence of character, such generally may be proven through one of two mediums of proof, either general reputation of the subject person in the community, or an opinion as to the subject person’s character. Where the criminal defense is allowed to prove the accused’s good character, however, it may be proven by reputation only. The accused may prove the character of the victim either in the form of reputation or opinion. Whenever a character witness is called to relate opinion or reputation, opponent may ask on cross-examination if the witness knows or has heard.’
“MR. POLSON: Your Honor, we’re directing the court’s attention to that part of the summary that reads, ‘The criminal defense under what is often termed a mercy rule may take the initiative to prove the accused’s good character in order to infer from such character that the accused did not commit the crime charged.’ Therefore, Your Honor, we are asking the court—

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Bluebook (online)
751 So. 2d 32, 1999 Ala. Crim. App. LEXIS 257, 1999 WL 1046484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seay-v-state-alacrimapp-1999.