United States v. Charles Hardin Murphy, Jr.

996 F.2d 94, 39 Fed. R. Serv. 253, 1993 U.S. App. LEXIS 17710, 1993 WL 256678
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 13, 1993
Docket92-1408
StatusPublished
Cited by18 cases

This text of 996 F.2d 94 (United States v. Charles Hardin Murphy, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Charles Hardin Murphy, Jr., 996 F.2d 94, 39 Fed. R. Serv. 253, 1993 U.S. App. LEXIS 17710, 1993 WL 256678 (5th Cir. 1993).

Opinion

PER CURIAM:

Charles Hardin Murphy, Jr., appeals his jury conviction of two counts of robbery of a financial institution in violation of 18 U.S.C. § 2113(a) and (d), and two counts of carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924(c), and his sentence. We affirm.

BACKGROUND

On September 26, 1991, a clean-shaven male entered the Southwest Savings Bank, *96 Dallas, Texas, and demanded money at gunpoint from tellers Garrett and Alexander. The robber absconded with $5,794. Both Garrett and Alexander gave detailed descriptions of the robber. Alexander also identified a .38 caliber pistol, which was recovered, approximately a month later, from a Mercury Sable automobile driven by Murphy, as either the same weapon or identical to the one which was brandished at her during the robbery.

Darryl Neff, a bank customer, observed the robber leave the bank and enter a blue Honda. Later on the day of the robbery, the car was recovered a few blocks from the bank. Its ignition had been damaged so that it could be operated without a key. A Dallas Police Investigator testified that the damage to the ignition could have been accomplished with a dent puller.

On October 3, 1991, a clean-shaven male entered the United Savings Bank, Dallas, Texas, and approached one of the tellers. The man robbed the teller at gunpoint using a .38 caliber pistol. Teller Irvin, who was in the next teller’s booth, gave a detailed description of the robber. She observed the robber leave the building and enter a tan ear. Before he exited, she activated her surveillance camera. Some of the money taken during the second robbery contained an electronic tracking device concealed in a cutout of the center of some of the bills.

A light colored Honda was found approximately one block from the United Savings Bank shortly after the robbery. Its ignition had been altered in a manner similar to the blue Honda. On the same day as the first robbery, a red Honda was stolen from a location close to Southwest Savings Bank. It was found after the second robbery. The ignition had been removed in a manner similar to the other two cars. Found in the vehicle was a photograph given to Murphy by a friend, a beer can with Murphy’s fingerprint on it, a tracker dollar bill with the center removed, and a bag containing assorted screwdrivers, pliers, and a dent puller. None of the items were in the vehicle before its theft.

One month later, a police officer made a routine traffic stop of a Mercury Sable near Cap City, Texas. Murphy was driving and Randy Floyd was a front seat passenger. While the officer was performing a license and warrant cheek, Floyd drove the Sable away, leaving Murphy by the roadside. The officer pursued and overtook Floyd a short distance down the road. Murphy fled on foot but was located and arrested the next day. When inventoried, the Mercury Sable contained a rental agreement in Murphy’s name, the earlier referenced .38 caliber short barrel revolver which matched the one used in both robberies, a police scanner with a book of police frequencies, a collection of tools, including a dent puller, a pair of sunglasses, and a bloody syringe located on the drivers side of the car.

Richard Crum, an FBI agent who specialized in firearms and tool mark identification, testified that the tool marks on the ignitions of the blue and tan Hondas could have been made with some of the tools found in the red Honda and/or the rented Sable.

Randy Floyd, who had known Murphy for ten or more years, identified him as the robber depicted in the surveillance photos. Floyd further testified that Murphy offered him $1,000 to rent a home for Murphy in Floyd’s name. He also testified that Murphy instructed him to drive off in the Sable when the two men were stopped.

Murphy’s mother testified that she last saw him on October 3, 1991, the day of the second robbery, but that he had stopped visiting her thereafter.

DISCUSSION

I. Flight Instruction. Murphy contends that the district court erred in submitting a flight instruction to the jury. He alleges that there was no evidence that he knew that he was a bank robbery suspect, and the alleged flight occurred over a month after the second robbery. Murphy does not challenge the jury instruction itself, but asserts only that the instruction was improper based on the evidence.

Evidence of an accused’s flight is generally admissible as tending to establish guilt. United States v. Williams, 775 F.2d *97 1295, 1300 (5th Cir.1985), cert. denied, 475 U.S. 1089, 106 S.Ct. 1477, 89 L.Ed.2d 732 (1986). A flight instruction is proper when the evidence supports four inferences: 1) the defendant’s conduct constituted flight; 2) the defendant’s flight was the result of consciousness of guilt; 3) the defendant’s guilt related to the crime with which he was charged; and, 4) the defendant felt guilty about the crime charged because he, in fact, committed the crime. United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977), cert. denied, 439 U.S. 847, 99 S.Ct. 147, 58 L.Ed.2d 149 (1978).

Murphy’s contention that the flight instruction was improper under Myers is unavailing. Neither party disputes that Murphy’s conduct constituted flight. Additionally, the evidence is clear that, when he fled, Murphy was aware that he was a suspect in the bank robberies. His mother testified that he stopped visiting her after the date of the second robbery. FBI agents had visited his mother, sister, and brother-in-law, between the second robbery and his flight and informed each of them that he was a suspect in the bank robberies. Murphy also asked Floyd to rent a house for him in Floyd’s name in exchange for $1,000. Murphy instructed Floyd to drive off, leaving Murphy behind to effect his escape. Furthermore, after inventorying the Sable, a police scanner with a list of police frequencies was inventoried, indicating that Murphy was paying attention to police communications.

Additionally, nothing in the record indicates that Murphy fled out of fear of being arrested for another crime. Murphy asserts that when they were stopped, he and Floyd were injecting heroin, and that he fled because he was afraid of getting caught using drugs. As noted, a bloody syringe was found in the Sable. However, the officer who stopped the vehicle testified that it was a routine traffic stop and that Murphy passed a field sobriety test. In fact, Murphy instructed Floyd to drive off while the officer was running a routine cheek for warrants. Unlike Myers, the instant record does not another crime from which Murphy could have been fleeing. Myers, 550 F.2d at 1050.

Murphy also asserts that his flight occurred over a month after the offense, and thus, he was not aware that he was a suspect at the time of his flight. In Myers, the alleged flight occurred three to six weeks after the commission of the charged offense. Id. However, Myers

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Bluebook (online)
996 F.2d 94, 39 Fed. R. Serv. 253, 1993 U.S. App. LEXIS 17710, 1993 WL 256678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-hardin-murphy-jr-ca5-1993.