State v. Winegar

711 P.2d 579, 147 Ariz. 440, 1985 Ariz. LEXIS 281
CourtArizona Supreme Court
DecidedDecember 4, 1985
Docket6131
StatusPublished
Cited by64 cases

This text of 711 P.2d 579 (State v. Winegar) is published on Counsel Stack Legal Research, covering Arizona 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. Winegar, 711 P.2d 579, 147 Ariz. 440, 1985 Ariz. LEXIS 281 (Ark. 1985).

Opinions

GORDON, Vice Chief Justice.

A jury convicted defendant, Sandra Kay Winegar, of first degree murder, A.R.S. § 13-1105; and armed robbery, A.R.S. § 13-1904. The trial court subsequently sentenced her to concurrent terms of life imprisonment for the murder and 10.5 years for the robbery.

On September 2, 1982, the body of a black male was found in the desert north of Phoenix. Sheriff's detectives later determined that the body was that of Dorzee “Bubba” Hill. Hill was a known heroin dealer who worked the “Buckeye Strip”, an area of Buckeye Road in Phoenix bordered by 7th and 15th Avenues.

An autopsy determined that Hill died from a blow to the head made by a blunt instrument. Laboratory analysis of physical evidence found on Hill’s body revealed the presence of cat hairs and hairs from a Caucasian person. Sheriff’s detectives surmised that Hill was not killed in the desert but was murdered elsewhere and transported to the desert by car and dragged by more than one person to its place of discovery behind some bushes.

Further investigation led sheriff’s detectives to believe that defendant and her [442]*442boyfriend, Thomas Boyd Tittle,1 were involved in the murder. Sheriff’s detectives A1 Weiss and Ralph Dominguez located defendant and Tittle in Hagerman, Idaho, defendant’s home town. Dominguez and Weiss traveled to Hagerman where, on September 22, 1982, they contacted defendant and Tittle. After approximately four hours of questioning, defendant implicated herself and Tittle in the murder of Dorzee Hill.

Defendant's confession was admitted at trial over her objections. The state also called Jack Henry pursuant to a grant of immunity. Henry testified that he and Tittle had discussed a plan in which they would beat Dorzee Hill and rob him of his drugs and money. Defendant was present when Henry and Tittle planned the killing. No explanation was given for the failure to carry out this plan.

In her defense, defendant recanted her confession, and she said she was tricked into helping Tittle murder Hill. She also testified that she told Tittle not to beat Hill, that she did not know Tittle would use an axe on Hill, and that she had no intent to aid Tittle.

Defendant raises numerous issues, but because of our disposition of the case we need only decide one. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3) and A.R.S. §§ 13-4031 and -4032.

I

Defendant contends that her confession resulted from an illegal arrest, and, therefore, should have been suppressed at trial. The state argues that defendant voluntarily agreed to accompany law enforcement authorities and answer their questions, hence no arrest occurred. Thus, the state contends, defendant’s confession was admissible as the product of a consensual encounter with the sheriffs.

The existence of an arrest depends upon the circumstances surrounding defendant’s contact with the sheriffs, see authorities cited infra, and therefore we must examine the facts in some detail.

After finding Hill’s body, Detectives Weiss and Dominguez went to the Buckeye Strip, interviewed several witnesses and learned the following. Defendant and her boyfriend, Thomas Boyd Tittle,2 with whom she shared an apartment, were daily heroin users who frequented the Buckeye Strip and regularly bought heroin from Dorzee Hill. Tittle disliked Hill because Hill sold bad heroin that made defendant sick and also made frequent sexual advances toward defendant. Tittle had talked to Jack Henry about getting revenge on Hill by beating him over the head with a tire bat and then taking his drugs and money. Tittle said he wanted Henry’s help in carrying out the plan. The day before Hill’s body was found, defendant and Tittle had a heated argument with Hill outside a social club. Defendant and Tittle were both known to carry .25 caliber automatic pistols, and they also owned a black and white cat. Cat hairs were found on Hill’s body. In addition, hair from a Caucasian person was found on Hill, and both defendant and Tittle are Caucasian. After Hill’s body was found, defendant and Tittle found out that the police were asking questions on the Buckeye Strip and were looking for two white people who bought heroin from Dorzee Hill. Shortly thereafter, defendant and Tittle left town together.

Based upon this information, Detectives Weiss and Dominguez decided they wanted to talk to defendant and Tittle. A nationwide communication to law enforcement authorities resulted in locating defendant and Tittle in Hagerman, Idaho, where defendant was visiting her parents. After arriving in Idaho, Detectives Weiss and Dominguez obtained a search warrant for [443]*443defendant’s car and her parents’ house. Believing they had no probable cause to arrest defendant or Tittle, however, the detectives merely desired to speak with them and characterized the two as “investigative leads”.

On September 22, 1982, defendant and Tittle were observed walking down the main street of Hagerman. Accompanied by four armed and uniformed Gooding County Sheriffs, Detectives Weiss and Dominguez, in plain clothes, approached and encircled defendant and Tittle. Weiss informed defendant and Tittle of his identity and ordered the two to keep their hands away from their bodies and not to move. A pat-down search of Tittle was performed and a .25 caliber automatic pistol was retrieved. During the search, defendant was told to step away from Tittle and Detective Dominguez stood next to her. No search of defendant was performed at that time.

The detectives stated that they wanted to talk with defendant and Tittle away from the street. The two then accompanied the deputies to the Hagerman City Hall across the street. While on the street defendant was never told whether she was under arrest or not under arrest.

Once at the City Hall, Detective Dominguez informed defendant that he wanted to talk to her about a Phoenix murder. He also told her that she was not under arrest. Nevertheless, Kathy Mynard, the wife of one of the Gooding County Sheriffs, arrived on the scene and conducted a pat-down search of defendant, finding no weapons. Kathy Mynard was often hired by the Gooding County Sheriff to act as a matron when the Gooding County Sheriffs had women prisoners. According to Kathy Mynard, she went to the back room of the City Hall and told defendant that she, Mynard, was there to search defendant. Defendant said “OK.” The search completed, Dominguez and other law enforcement officers decided the Hagerman City Hall was too small and crowded to conduct a proper interview of defendant and Tittle. Dominguez asked defendant if she would accompany him and the officers to Gooding, Idaho, a town twenty miles from Hagerman where facilities existed for interrogation. Defendant asked if the deputies wished her to drive her own car to Gooding. Weiss said she could not because a search of the car pursuant to a search warrant was to be conducted. Defendant was then asked if she had an alternative form of transportation, and she said no. The deputies then asked defendant if she would accompany them to Gooding in their vehicle.

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Cite This Page — Counsel Stack

Bluebook (online)
711 P.2d 579, 147 Ariz. 440, 1985 Ariz. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-winegar-ariz-1985.