Thompson v. State

494 So. 2d 925, 1986 Ala. Crim. App. LEXIS 6460
Court of Criminal Appeals of Alabama·Decided June 24, 1986·No. 6 Div. 934·Published·Cited by 1 cases

Opinion

TYSON, Judge.

David Thompson was indicted for trafficking in marijuana in violation of § 20-2-80, Code of Alabama 1975. The jury found the appellant “guilty of trafficking in can[926]*926nabis” and, following a sentencing hearing, the trial judge fixed punishment at 30 years’ imprisonment and assessed a fine of $25,000.

I

The appellant contends that the evidence at trial was insufficient to support the jury verdict in this cause. He argues that the State relied on circumstantial evidence and that such evidence failed to prove his guilt beyond any reasonable hypothesis of innocence.

Robert Farrell testified that he was a police officer employed by the Hackleburg, Alabama Police Department. On April 11, 1984, at approximately 10:00 p.m., Farrell responded to a call regarding a possible airplane crash. He proceeded to the area of the alleged crash and, upon arrival, he realized that there had not been such a crash. He observed an airplane sitting at the end of a “runway”. Other police officers from various agencies began arriving on the scene and they secured the airplane. Farrell further stated that he did not observe the appellant anywhere at the scene that same night.

Marion County Deputy Sheriff Donnie Winter testified that on the night of April 11,1984, he responded to a call regarding a possible airplane crash. Upon arrival at the scene, he proceeded down into an old “strip pit” and observed a string of lights along the ground making a small runway. At the end of this runway he observed an airplane with its front wheel sitting in a pothole. Winter observed vehicle tracks going away from the airplane. He and several other officers followed these tracks for approximately one mile where they observed a parked four-wheel drive pickup truck. The officers did not find anyone at the scene of the truck. They observed some footprints leading away from the truck. They followed these footprints into some woods, eventually losing sight of the prints. They returned to where they had found the truck and began to drive it back to the scene of the airplane. While they were heading back, they observed a large object beside the logging road which they were on. They stopped the truck and observed a green “tarp” under which they found several bales of marijuana, a “ham radio”, an aircraft band radio, a shovel and an axe. Farrell never saw the appellant at the scene or in this area that night.

James Roberts testified that he is an airplane mechanic employed by the appellant. He stated that the appellant operated a business at the airport in Haleyville, Alabama. He further stated that the appellant was the manager of the airport. Roberts had first seen the airplane involved in this cause “a couple of months” before the incident on April 11, 1984. He last saw the airplane on April 6, 1984. He further stated that one Mike Schiavoni and the appellant had flown the plane.

Charles Teague testified that he was an airport board member in Haleyville. Because of his interest in flying, he was often at the Haleyville airport. He stated that on Sunday, April 8, 1984, he went to the airport. When he arrived, he saw the airplane sitting at the gas pump. He walked up and the appellant asked him if he wanted to go for a ride with him and Kenny Bickerstaff. They then flew around for a short while. Teague stated that there was some conversation regarding several radios which were mounted on the dash of the airplane. He further stated that the flight was nothing unusual.

Gary Wallace testified that he was a criminalist employed by the Alabama Department of Forensic Sciences. He arrived at the scene at approximately 8:30 a.m. on April 12, 1984. Upon arrival he observed a pickup truck and an airplane. He removed a small amount of brown-green plant fragments from the airplane. He subsequently analyzed these fragments and found them to be marijuana. He further analyzed samples taken from a number of “bundles” found at the scene. He determined these samples to be marijuana.

John Vaughn testified that he was an investigator employed by the Jasper District Attorney’s Office. He conducted an investigation of the airplane and the truck [927]*927found at the scene. He stated that he examined the interior and exterior of the airplane for fingerprints. He also examined papers and other material found inside the airplane for fingerprints. He found one fingerprint, identified as the appellant’s, from the microphone of one of the airplane’s radios. He found a couple of fingerprints, identified as the appellant’s, on the exterior of the door and one of the appellant’s fingerprints on a Coke can found on the floorboard of the airplane.

Vaughn further testified that he found a number of fingerprints, identified as belonging to one Mike Schiavoni, on some documents and papers found inside the airplane. He found some correspondence to and from Schiavoni. He found fingerprints on and in the airplane and truck that he could not match to anyone whose known prints were submitted for comparison. He was able to lift fingerprints from two other soft drink cans found in the airplane, but could not match them to any of the known prints submitted. Vaughn testified that one William Hayes was listed as the owner of the airplane on the registration papers, but he was not furnished any known prints of Hayes to compare with any of the prints which he lifted. As to the age of the fingerprints, Vaughn stated that the fingerprints on the exterior of the airplane would be fresh (i.e., made within 48 hours) and that he had no way of determining the age of the prints found inside the airplane.

Jerry Feltman testified that he was an investigator employed by the Marion County Sheriff’s Department. On April 17, 1984, he took a statement from the appellant. The appellant told Feltman that some two or three months prior to the incident he received a telephone call from Mike Schiavoni. Schiavoni asked the appellant if he could fly out to Houston, Texas and fly this airplane back from Texas with Schiavo-ni. The appellant did this, spending one night in Houston. Appellant stated that he took a commercial flight to Houston. Subsequent to his return from Houston with Schiavoni, the appellant received a telephone call from William Hayes, the owner of this airplane. Hayes asked him to fly to New Orleans, Louisiana, to discuss the possibility of the appellant’s entering into a rental-lease agreement with Hayes regarding this airplane. The appellant stated that Hayes was in poor health and wanted someone to be using his airplane. Hayes also asked the appellant to pick up an inflatable life raft and bring it to him in New Orleans. The appellant took a commercial flight to New Orleans, where he met with Hayes, and they entered into an agreement for the appellant to use this airplane. Hayes also asked the appellant to buy him a couple of hand-held radios and gave the appellant $1,000.00 with which to purchase the radios. The appellant purchased two of these radios. However, Hayes had not given him enough money, so he decided to keep one for his own use at the airport. The appellant further told Feltman that several days prior to April 11, 1984, Hayes had telephoned him and told him that he wanted to use the plane and asked the appellant if he would fly the plane down to the coast. The appellant told Hayes that he had a friend in Pensacola, Florida he wanted to see, so he would fly the plane there. After some discussion they agreed that the appellant would meet Hayes half way and fly the plane into Gulf Shores, Alabama.

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Thompson v. State, 494 So. 2d 925, 1986 Ala. Crim. App. LEXIS 6460 (Ala. Ct. App. 1986).

494 So. 2d 925 (Thompson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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