Slocum v. State

757 So. 2d 1246, 2000 WL 561717
CourtDistrict Court of Appeal of Florida
DecidedMay 10, 2000
Docket4D99-0028
StatusPublished
Cited by10 cases

This text of 757 So. 2d 1246 (Slocum v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slocum v. State, 757 So. 2d 1246, 2000 WL 561717 (Fla. Ct. App. 2000).

Opinion

757 So.2d 1246 (2000)

Brian SLOCUM, Appellant,
v.
STATE of Florida, Appellee.

No. 4D99-0028.

District Court of Appeal of Florida, Fourth District.

May 10, 2000.

*1247 Michael K. Spotts, and Karen M. Dobbins of Kohl & Spotts, P.A., Stuart, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Steven R. Parrish, and Leslie T. Campbell, Assistant Attorneys General, West Palm Beach, for appellee.

GROSS, J.

On Saturday morning, October 18, 1997, two-year-old Brittany Vinson drowned in her pool. The state's theory of the case was that appellant Brian Slocum, angered by the child's misbehavior, strapped her into her car seat and kicked her into the pool, not removing her until she was dead. The defense theory was that Brittany drowned by accident.

The eighteen-year-old appellant lived with his girlfriend, Christina Vinson, and two of her young children, Brittany and infant Cody. Also living in the house were Tabitha Tinsley, her two-year-old son Ryan, and Tabitha's boyfriend, Tommy Lawston. Appellant moved into the house the day after Christina Vinson's husband moved out. Appellant had lived with Christina only two days before Brittany's death.

Crucial to the state's case were the statements appellant made to various police officers. Officer Neitzel was the first to respond to the scene. She arrived at 10:00 a.m. When she interviewed appellant, he provided the following version of the facts: He had gotten up with baby Cody around 7:45 a.m. and noticed that Brittany and Ryan were still asleep. He went back to the room he shared with Christina and played with Cody until almost 10:00 a.m. Upon leaving the bedroom, he saw Ryan sitting on the couch with a blank look. When he asked Ryan where Brittany was, Ryan said she was in the pool. Appellant found Brittany floating in the pool and told Christina to call 911. He mentioned nothing about a car seat.

Officer Izzo arrived at the house around 10:15 a.m. Appellant told the officer that *1248 he had gotten up around 8:30 a.m., lain in bed about 20 minutes, and then went to check on the children. He saw Ryan watching television. Ryan told appellant that Brittany was in the pool. Appellant found her floating face down in the deep end. He told Christina to call 911 and carried Brittany to the couch where he tried to administer CPR.

Shortly after Brittany's death, another incident occurred at the house. Tommy Lawston slashed the throats of Christina and appellant with a knife. On October 21, 1997, Detective Schrader went to the hospital to see appellant regarding the knifing incident. After first talking about the slashing, they spoke of Brittany's death. When the detective implied that appellant was involved in the child's demise, appellant became upset and told the detective to leave.

On November 1, 1997, Detective Schrader went to where appellant was living in reference to a matter involving the Department of Children and Family Services and appellant's six-month-old daughter. At that time, appellant's attitude had changed. He apologized for the way he had acted at the hospital and said that he wanted to talk to the detective. As the detective testified, appellant

said that I knew where he lived; I could stop by any time that I wanted to, and if I ever wanted for him to come into the police department to talk to me, he would be more than willing to.

Appellant defied his mother in speaking with the detectives; he told her that he was 18 and could talk with whomever he wanted.

Detective Schrader subsequently spoke with appellant over a period of days for a total of 20 to 24 hours. For these interviews, appellant voluntarily came to the police station to talk. He took many breaks for cigarettes, soft drinks, and the lavatory. He was aware that he was free to leave at any time. For example, On November 7, he went home to get a pack of cigarettes and returned to the police station. He could move around at will and was never told he had to stay at the station. The interviews were videotaped and recorded. Appellant only knew of the taping of the last interview. Appellant was not read his Miranda rights during any of these sessions.

The tape of November 12, 1997 was played for the jury. The tape was not transcribed by the agreement of the parties, but was included in the record. A viewing of the videotape reveals that appellant was a young man with brown hair. He wore jeans, a Nike t-shirt, and tennis shoes. His body language, facial expressions, and intonation were relaxed. Immediately, he said he voluntarily came to the station that day and knew he was free to leave at any time. He stated that he had talked with the detectives freely and voluntarily for six days.

His reason for doing so was to remember or find out what happened to Brittany. Appellant even said that at the most recent interview, he did not want to leave and was there on "my own free will." One of the detectives joked that at the last interview, appellant wanted to take them out to dinner. Appellant said he wanted to find the "missing piece of the puzzle." He analogized his situation to a mystery: "I have the key, key is in the door, but I haven't unlocked it yet."

As it turns out, appellant remembered that Brittany had gotten on his nerves, so he strapped her into her car seat and kicked the car seat into the pool. Defendant said he was 95% sure he kicked her, almost 100% positive. He said he was 99% sure Brittany did not strap herself into the car seat. Afterwards, realizing Brittany was dead, defendant panicked. He went about "staging the incident." He thought the detectives could sympathize with him because they had children. He took Brittany out of her car seat and put her back in the pool. He cleaned up the water on the floor that had come from the pool when he had lifted out the car seat; he *1249 then cleaned up the car seat and put it in the garage.

The phone rang. Appellant answered it after approximately 5-7 rings. It was Christina's mother. He brought the phone to Christina, still not "aware" of what he was doing. Appellant then saw Ryan on the couch and asked him where Brittany was. Ryan said, "in his own little way," "Brittany pool." Appellant then went out to the pool and "found" Brittany floating. He carried her inside to the couch and told Christina to get off the phone and call 911. As appellant summarized, "the rest is history."

Throughout the taped interview, appellant expressed regret for Brittany's death. He smiled and joked with Detectives Schrader and Griffith, whom he called by their first names. For example, he made pleasantries about his smoking habit, dogs wanting to go outside, about one of the detectives "not being a dick" for "once in [his] life," and mainly about being scared to tell his girlfriend, Christina, what happened. Appellant said it was "definitely an oh shit" moment when he realized Brittany was dead. Appellant explained that he "staged" the scene not for himself, but to protect Christina, the woman he loved.

At the end of the tape, when the detectives asked appellant if what he had told them was the truth, defendant grabbed a nearby paperback dictionary, pretending it was a bible, and swore on it that he had told the truth. He joked about "Perry Mason over here" to one of the detectives. At one point during the tape, one of the detectives checked to see if the recorder was working and appellant said "please tell me we are recording."

At all times on the tape, appellant was coherent, intelligent, and articulate.

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United States v. Smallbear
368 F. Supp. 2d 1260 (D. New Mexico, 2005)
Dwg v. Dept. of Children & Families
833 So. 2d 238 (District Court of Appeal of Florida, 2002)
Slocum v. Florida
537 U.S. 924 (Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
757 So. 2d 1246, 2000 WL 561717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slocum-v-state-fladistctapp-2000.