Terry v. State

46 S.W.3d 147, 2001 Tenn. LEXIS 370, 2001 WL 420521
CourtTennessee Supreme Court
DecidedApril 25, 2001
DocketM1999-00191-SC-DDT-DD
StatusPublished
Cited by224 cases

This text of 46 S.W.3d 147 (Terry v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terry v. State, 46 S.W.3d 147, 2001 Tenn. LEXIS 370, 2001 WL 420521 (Tenn. 2001).

Opinions

OPINION

BARKER, J.,

delivered the opinion of the court,

in which ANDERSON, C.J., and DROWOTA, and HOLDER, JJ, joined.

The defendant was first convicted of premeditated first degree murder and arson in 1989. The jury found two statutory aggravating circumstances: (1) that the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity of mind; and (2) that the murder was committed while the defendant was engaged in committing a larceny. Finding that the aggravating circumstances outweighed the mitigating circumstances, the jury sentenced the defendant to death by electrocution. This Court granted a new sentencing hearing after determining that the trial court had erroneously charged the jury that the murder was committed while the defendant was committing a larceny. In 1997, a jury again sentenced the defendant to death, finding that (1) the murder was especially heinous, atrocious, or cruel in that it involved depravity of mind, and (2) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant. The Court of Criminal Appeals affirmed. On automatic appeal, we affirm and hold that: (1) no prosecutorial misconduct occurred when the prosecutor asked the jury to consider certain facts and circumstances when weighing statutory aggravating circumstances against mitigating evidence; (2) the trial court did not err in allowing the jury to consider relevant facts and circumstances tending to establish aggravating circumstances or to rebut mitigating circumstances; (3) the evidence is sufficient to support a finding that the murder was especially heinous, atrocious, or cruel in that it involved depravity of mind; (4) the evidence is sufficient to support a finding that the defendant committed murder to avoid lawful arrest or prosecution; and (5) the sentence of death is not disproportionate to the sentence imposed in similar cases. For all other issues not specifically discussed in this opinion, we agree with and affirm the Court of Criminal Appeals.

BACKGROUND

On June 15, 1987, the defendant, John David Terry, shot and killed church handyman James Matheney and was sentenced to death in 1989. This Court remanded the case for resentencing after determining that the trial court erred in charging the jury the aggravating circumstance that the murder was committed while the defendant was engaged in committing a larceny.1 The resentencing hearing was con[151]*151ducted in August 1997, and the jury again returned a verdict of death based upon its finding of two aggravating circumstances. The case is now before us on appeal from that judgment.

The events giving rise to the murder occurred predominantly in March of 1987. At that time, the defendant was the Associate Bishop Overseer of the Emmanuel Churches of Christ, a centrally organized governing body of local churches. He was also the pastor of one of those local churches — the Woodland Street Church — ■ in Nashville. For several years, the defendant believed that the current Bishop Overseer would retire at the age of 65, and that he would be appointed the next Bishop. In March 1987, however, his expectations were disappointed when the Bishop announced that he was not going to resign. The defendant testified that soon thereafter, he became overwhelmed by the sense that he had failed in life, and he began to contemplate suicide. However, he ultimately pursued a plan to stage his death and assume a new identity.

In furtherance of his plan, the defendant, who had been misappropriating church funds since 1984, began to withdraw large sums of money from the church account. He withdrew five thousand dollars to purchase a motorcycle and another ten thousand dollars to keep in cash. In April, the defendant ordered several books advertised in Soldier of Fortune magazine to learn how to change his identity. Based on the information he read in these books, he randomly searched the obituaries at the local library until he found the obituary of seven-year-old drowning victim, Jerry Mi-lam, whose birth date was similar to that of the defendant. He obtained a copy of Jerry Milam’s birth certificate and forged a copy of a baptismal certificate. Using these documents, the defendant was able to get a driver’s license, a social security number, a fictitious mailing address, and the title to the purchased motorcycle — all in the name of Jerry Milam.

The defendant also made concerted efforts to befriend the victim, James Mathe-ney, whose ex-wife, Teresa Seagraves, was a parishioner at the defendant’s church. The defendant testified that he had wanted to incorporate Mr. Matheney into his plan to disappear by staging “some kind of a hoax or some kind of robbery and have ... [Mr. Matheney] be the one that would come in and ... find blood or find some kind of robbery attempt.”2 Accordingly, he spent time fostering a relationship with Mr. Matheney by counseling him through some personal problems, hiring the unemployed Mr. Matheney as the church’s second handyman, and renting an apartment for him, paying the first six weeks’ rent.

On the day of the murder, the defendant and Mr. Matheney prepared to set out on a fishing trip lasting for several days. That morning, the defendant picked up Mr. Matheney at his apartment and drove [152]*152to the church. He testified that he gave Mr. Matheney the keys to his car and his credit card to buy gasoline for his car while he returned phone calls made to the church.

The defendant stated that approximately thirty minutes later, he heard someone come into the church. When he went to investigate, he noticed that the fold-down stairwell leading up to the church attic had been lowered. He climbed the stairs, saw James Matheney, and shot him in the “side of the back of the head” with a .38 caliber pistol.3

He later cut off the victim’s head and right forearm.4 After undressing the victim down to his underwear and putting his own belt around the victim’s waist, he placed the clothes in one sack and the body parts in another sack. Leaving the body up in the attic, he drove off in his car to first dump the bag containing the victim’s clothes, the hacksaw, and the knife used to dismember the body, into a dumpster. Thereafter, he purchased two five-gallon cans, which he filled with gasoline. He loaded them in the car and drove to a “mini-warehouse” where his motorcycle was hidden. Leaving the bag of body parts there, he then drove back to the church to drop off the gasoline cans.

From there, the defendant drove to the boarding house where the victim had been renting a room. He parked his car a few streets away, walked over to the house, and placed his own wallet in the front room area. He then took a taxi back to the warehouse, leaving his car parked near the boarding house. Inside his car he left the following items: a beer bottle; a towel smeared with the defendant’s own blood that he had withdrawn the previous night; some of the defendant’s credit cards; and the victim’s tackle box, rod, and reel. The defendant had placed the victim’s fingerprints on the beer bottle and credit cards by taking the victim’s severed forearm and applying the hand to these items.

Back at the warehouse, he then proceeded on motorcycle, taking the bag of body parts with him, to Kentucky Lake where he rented a boat. Once on the lake, the defendant tied a weight of some sort to this bag and dropped it into the water.

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Cite This Page — Counsel Stack

Bluebook (online)
46 S.W.3d 147, 2001 Tenn. LEXIS 370, 2001 WL 420521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-state-tenn-2001.