Williams v. State

1976 OK CR 98, 549 P.2d 372, 1976 Okla. Crim. App. LEXIS 450
Court of Criminal Appeals of Oklahoma·Decided April 21, 1976·No. No. F-75-746·Published·Cited by 1 cases

Opinion

MEMORANDUM OPINION

BLISS, Judge:

Appellant, Billy John Williams, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pottawatomie County, Case No. CRF-74 — 541, for the offense of Robbery With Firearms, in violation of 21 O.S. Supp.1973, § 801. His punishment was fixed by the trial court at a term of fifteen (15) years’ imprisonment. From this judgment and sentence a timely appeal has been perfected to this Court.

The State’s first witness at trial was Barry Jacks on who testified that he owned a convenience store in Tecumseh, Oklahoma, known as John’s Short Stop, and that he was operating the store on November 24, 1974. On that evening at approximately 9:00 p. m., he was taking a candy order when an individual appearing to be of Indian descent entered the south door with a rifle and told him to get behind the cash register. Upon complying with the order he heard the west door open and as he started to look in that direction an individual entering the door told him, “Don’t look this way or I’ll kill you.” Pursuant to instructions from the individuals, he thereafter put all the money in the cash register into a bag and gave it to the individual who had come in through the west door. He then lay on the floor on his stomach as directed by the robbers. He was told by one of the robbers not to move for five minutes as they had a friend outside who would kill him. After a short time he heard tires squealing whereafter he raised himself from the floor and retrieved his glasses which had been removed by the robber who had entered through the south door. Upon going outside he observed a Highway Patrol car approaching and he shouted to the officer that he had been robbed by some Indians and indicated that they had left in a westerly direction. He further testified that he did not see the men get into any vehicle. He related that approximately $285.00 to $290.00 had been taken from his establishment on that evening. Upon being shown State’s Exhibit No. 1, he identified it as a rifle similar to the one which had been used in the robbery.

On cross-examination he clarified the fact that he saw only one Indian, but that he assumed more Indians were involved, and that was the reason he had told the Highway Patrol that some Indians had robbed him. He also reiterated that he never saw any vehicle and that he did not hear anything mentioned to the patrolman [374]*374who stopped in front of his establishment regarding a description of the robbers’ vehicle.

Mike Robinson testified that he was 16 years of age, residing in Tecumseh, Oklahoma, and that he and one Rick Newsum were riding around in Tecumseh on the evening of November 24, 1974, when at approximately 9:00 p. m. they stopped at John’s Short Stop to obtain some cigarettes from another car which was parked there and observed someone run across the road carrying a rifle or shotgun and a paper bag in their hand. He described the individual as “not real tall, about medium size, heavy-set, and he had long hair pulled back in a ponytail, he was an Indian.” He further testified that he did not see the man get into any vehicle because he lost sight of him when he ran into the shadows, but that he was certain the individual ran in a westerly direction.

Paul Edward Sutton testified that he was a Trooper with the Oklahoma Highway Patrol and was so employed on the 24th of November, 1974. He testified that while on duty in Pottawatomie County he was traveling north on State Highway 18 at approximately 8:55 p. m. that day when he observed a blue Dodge or Plymouth southbound, flashing its lights and honking its horn. Thereafter, he stopped at John’s Short Stop and the proprietor ran out of the door shouting that he had just been robbed and gesturing that they had gone in a westerly direction. He stated that there were approximately five to six people present in the parking lot and that he heard a statement that the robbers were three Indian males and that they had left in a red pickup. Thereafter, he traveled in a westerly direction and after proceeding two to three blocks observed a red pickup northbound at a high rate of speed. He activated his emergency equipment and pursued the vehicle. After the vehicle was stopped he called out to the occupants to get out with their hands up and after no response he called again, “Get out with your hands up, you are under arrest.” The three occupants then alighted from the pickup. He testified that the driver of the pickup was the defendant. After he told them to put their hands up, one of them responded, “What the hell for?”, and one of the three started back to the pickup, reaching into the cab, where he observed the butt of a shotgun. Sutton then fired a warning shot and made the occupants lie on the ground. He then retrieved a shotgun out of the pickup and observed a brown paper bag, which contained some currency, on the front seat. Upon being shown State’s Exhibits Nos. 1 and 2, he identified the exhibits as the shotguns which had been recovered from the pickup. Thereafter, he gave testimony relating to the identification and chain of custody of the exhibits. He testified that the occupants were then transported to the Sheriff’s Office and booked. The money was inventoried and found to be in excess of $285.00.

Robert Mayo testified that he was a police officer in Tecumseh, Oklahoma, and was so employed on the 24th of November, 1974, when between 9:00 and 10:00 p. m. he responded to a call from the Tecumseh police dispatcher, relating to him that John’s Short Stop had been robbed. Upon arrival at the police station he was told that three suspects were in custody and upon investigation of the robbery he, together with Lloyd Rogers, interrogated the defendant after having advised the defendant of his Miranda rights. The defendant related to him that he had been driving the pickup on that evening and had stopped at John’s Short Stop in Tecumseh to buy some beer, whereafter he proceeded east from John’s Short Stop approximately one block from the intersection of Fourth and Beech Streets. He stopped his vehicle to allow the two men with him to get out to use the restroom. Defendant related to him that the other two individuals were Michael Tiger and Robert Williams. He said the defendant’s statement “got a little skippy” at that point, but that the defendant advised him that he let the two men [375]*375out at that point and he then proceeded to T-Town Auto Sales, or Jack Washburn’s Car Lot, to look at a car, approximately four blocks south and another block east from where he allegedly let the two other men out of his vehicle. He testified that the defendant’s statement “jumped again” and the next event which the defendant described was that he had parked approximately one block west of John’s Short Stop, and had waited for the two other men to come back. Defendant further related to Officer Mayo that Michael Tiger ran up to the pickup carrying a paper bag and shortly thereafter Robert Williams came running up and jumped into his pickup. Defendant further related to the officer, upon inquiry, that the defendant had noticed the two other men had their guns with them when they came running back, but that the defendant had not seen the two men get their guns when he let them out to go to the restroom. Thereafter, Officer Mayo gave testimony regarding custody of State’s Exhibits Nos. 1 and 2.

The defendant then took the stand to testify in his own behalf and gave the following account of the events which transpired on the 24th of November, 1974.

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Williams v. State, 1976 OK CR 98, 549 P.2d 372, 1976 Okla. Crim. App. LEXIS 450 (Okla. Ct. App. 1976).

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