State v. Hamilton

827 P.2d 232, 1992 WL 23948
CourtUtah Supreme Court
DecidedJanuary 29, 1992
Docket890456
StatusPublished
Cited by203 cases

This text of 827 P.2d 232 (State v. Hamilton) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hamilton, 827 P.2d 232, 1992 WL 23948 (Utah 1992).

Opinions

ZIMMERMAN, Justice:

Defendant George Wesley Hamilton appeals his conviction of second degree murder, a first degree felony. Hamilton raises three claims of error: (i) insufficiency of the evidence to support the conviction; (ii) failure to instruct the jury on the nature and effect of fingerprint evidence; and (iii) improper admission of evidence concerning other violent acts by Hamilton. With regard to Hamilton’s first two claims, we find no error. As to the third claim, we need not reach the admissibility of the violent act evidence because, even assuming error, it was harmless. We therefore affirm Hamilton’s conviction.

In reviewing a jury verdict, we view the evidence and all reasonable inferences drawn therefrom in a light most favorable to the verdict. State v. Gardner, 789 P.2d 273, 285 (Utah 1989), cert. denied, 494 U.S. 1090, 110 S.Ct. 1837, 108 L.Ed.2d 965 [234]*234(1990); State v. McClain, 706 P.2d 603, 605 (Utah 1985). We recite the facts accordingly. Rollins v. Petersen, 813 P.2d 1156, 1158 (Utah 1991); State v. Verde, 770 P.2d 116, 117 (Utah 1989).

Sharon L. Sant was a student at Southern Utah State College in Cedar City, Utah, during the summer of 1985. Around the end of July 1985, Sant told a friend, Cheryl Cox, that she intended to return to her hometown of Fillmore, Utah, to attend the funeral services of some high school friends. On August 1, after failing to obtain other transportation, Sant started to hitchhike from Cedar City to Fillmore. One of Sant’s co-workers, Royce Barton, saw her at approximately 11:45 a.m. at a northbound on-ramp of Interstate 15 in Cedar City. She never arrived in Fillmore. Cox reported Sant missing on August 6, 1985.

Beginning in March 1985, defendant George Wesley Hamilton worked for Arnold Foch Parkinson on a ranch Parkinson leased north of Paragonah, Utah. Parago-nah is twenty-two miles north of Cedar City on 1-15, between Cedar City and Fillmore. Hamilton’s co-worker on the ranch was Robert Bott. In early July, Hamilton stopped working full time for Parkinson. He then split his time between cutting firewood in the Paragonah area and working on the ranch. He continued to alternate between ranch work and woodcutting into early 1986.

On the morning of August 1, 1985, the owner of the ranch could not find Hamilton, Bott, or Parkinson on the ranch. Later that afternoon, while shopping at the M & D Market in Parowan, Utah, five miles north of Paragonah along 1-15, Jacklyn Smith saw Hamilton and Bott in the store’s parking lot. She saw Bott and a woman later identified as Sant seated in the cab of Hamilton’s flatbed truck. She also saw Hamilton leave the store with a twelve-can pack of Budweiser beer, put the beer in the back of the truck, and then get into the driver’s side of the truck cab. Hamilton, Bott, and Sant then drove away.

On August 16, 1985, a Utah Department of Transportation employee working near a frontage road and a northbound on-ramp of 1-15 at Cove Fort, Utah, noticed some curious marks leading away from the road into some scrub trees. Upon investigation, he and two co-workers determined that they were drag marks. They followed the marks and discovered a small mound of dirt that had “sticks and an oily residue coming up through the dirt [to the] top of the mound.” After the workers noticed what appeared to be a dried intestine on top of the mound, they left the area undisturbed and contacted police.

Officers of the Millard County Sheriff’s Office arrived at the scene shortly thereafter. The officers opened the mound and found the unclothed, mutilated remains of a female. Both hands, feet, and breasts, the head, and the left arm had been removed. The left arm was in the grave between the legs of the torso. The body had been cut open from the breast bone to the pubic bone and the uterus and other sexual organs apparently had been removed. Sometime later, officers assisted by a canine team discovered breast tissue under a bush some thirty-nine feet from the grave. The deputy who discovered the tissue testified that there was “grease or a skid mark” about two feet long that led under the bush. “It was like the rolling of the dirt as if the item had struck the ground and skidded up underneath the bush.” The other missing body parts were never recovered.

About seventy-five feet from the grave site, officers located a wood-splitting maul. The officers testified that the maul had been used in excavating the shallow grave. The maul carried traces of blood at the base of the metal head, on the wooden portion at the top of the head, and on the bottom of the handle. Investigators were unable to determine the blood type because there was an insufficient quantity of blood. The officers were likewise unable to recover fingerprints from the handle of the maul. Testimony at trial indicated that Ronald Frank Johnson, owner of a Paro-wan service station at which Hamilton was a regular customer, had seen a similar maul in Hamilton’s truck in July 1985. [235]*235Johnson further testified that in November 1985, he had noticed that a similar, but newer, maul had replaced the one he had seen in July.

In addition to the maul, officers recovered a considerable amount of physical evidence from the crime scene, including blood stains and hair recovered from gravel at the edge of the roadway. The hair was found to be similar to samples of Sant’s hair taken from her hair brush and clothing. Similar hair was also found in Hamilton’s truck. In addition, the two-hundred-foot drag trail, which began at the road and ended at the grave, was spotted in numerous places with type O-positive human blood. Both Sant and Hamilton had this blood type. Specifically, officers recovered blood samples from stained soil and tree and sagebrush branches along the drag trail. Police testified that one area of the drag trail, which they called the “mutilation point,” was particularly “covered with blood.” Near this point, officers found a piece of cardboard with blood on it and a blood-stained beer bottle in the bushes. There were two bloody fingerprints on the bottle—one on the outside and one just inside the neck. The fingerprint on the outside was identified as Hamilton’s. Although the other fingerprint had a whorl similar to one of Hamilton’s, it did not have enough detail to positively identify it as his. Evidence showed that the beer bottle was manufactured between September and December of 1979. It would have been shipped to the bottler within thirty days of manufacture and filled and shipped immediately to the distributor.

Officers also collected five Budweiser cans near the drag trail. They lifted four latent fingerprints from two of the cans. Two of Hamilton's fingerprints were found on one can. Another of Hamilton’s prints and a print of a man identified as Michael Perry were found on the second can. Evidence showed that three of the five beer cans were filled on July 2, 1985, and possibly were packaged together. The can with two of Hamilton’s prints was one of these three. A fourth can, which had no identifiable prints, was packaged on July 1, 1985. The fifth can, which had the fingerprints of Hamilton and Perry, was packaged August 5, 1985. A Budweiser representative testified that Budweiser cans packed in a twelve-pack purchased from the M & D Market in Parowan on August 1st were packaged on July 1 and 2, 1985.

Dr. Edwin Sweeney, acting state medical examiner, examined the remains of the body. Through comparison of X-ray records, Dr. Sweeney identified the remains as Sant’s.

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Cite This Page — Counsel Stack

Bluebook (online)
827 P.2d 232, 1992 WL 23948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamilton-utah-1992.