1975-10-22 copy
Crawford v State
617 S.W.2d 925 (1980)
OPINION
DOUGLAS, Judge.
Murriel Don Crawford appeals from his conviction upon a plea of guilty to the offense of capital murder. Punishment was assessed at death.
Shortly after midnight on the morning of October 22, 1975, Murriel Don Crawford was awakened in his apartment by his friend, David Mabra.
About 45 minutes later, the two men drove to the farm of Jack Watson, a former employer of Mabra's. There they stole a hunting knife, lariat rope and binoculars from an International Scout parked on the farm property, along with two .12 and .410 gauge shotguns and a .22 caliber rifle.
They then went to Crawford's apartment with the stolen goods.
Soon after, the two men rode in Crawford's pickup truck to a 7-11 Store, intending to rob the cashier. They abandoned their plan and drove to an Exxon service station with similar intentions. They again became nervous and left the station without robbing the attendant.
Finally, Crawford and Mabra drove to a Toot n' Totum food store and parked the truck where it could not be readily seen.
Carrying the.410 shotgun which had been stolen from Jack Watson, the pair entered the store and robbed the night cashier, Edith Whitfield, of $32.00. After Mrs. Whitfield handed Crawford the contents of the cash register in a paper bag, he fired at her, narrowly missing her head. Crawford then fired a second shot at point blank range and struck Mrs. Whitfield in the left eye, killing her.
The two men fled the scene of the murder and returned to Crawford's apartment. There they gathered together all the goods which had been stolen from the Watson farm and placed them, along with the murder weapon, in the trunk of Mabra's car.
The pair got into the car and headed for Jack Watson's farm but were stopped en route by Amarillo police officer Tom Porter because the muffler made excessive noise. A traffic citation was issued to Mabra and both defendants were interviewed by Officer Porter.
Mabra gave the officer permission to search the car, but the officer declined and Crawford and Mabra were told they were free to go. They proceeded to the Watson farm where they replaced the stolen items, including the murder weapon, in the Scout from which they had been taken. The two men drove back to Amarillo.
Three weeks after the murder of Edith Whitfield, Crawford and Mabra initiated a conversation with Jim White, a neighbor and friend. In the course of this conversation, Crawford bragged to White that he and Mabra had robbed the Toot `n Totum store and that he himself had shot the clerk in the eye and "pushed her brains out the top of her head."
Crawford described for White their flight to the Watson farm, their encounter with the Amarillo police and other details of the crime. He related that they returned to the scene of the crime intending to see whether or not the Toot `n Totum was equipped with cameras which might have recorded the murder and robbery on film.
Crawford stated to White that if Officer Porter had opened the trunk of Mabra's car he would have stabbed him. Jim White testified that as Crawford described the grisly details of the crime he showed no shame, sorrow or guilt.
Crawford's only regret was, as he told White, that he did not stop to eat candy while in the Toot `n Totum store.
Jim White informed Amarillo police detective Gary Richards of his conversation with Crawford and Mabra. Both Crawford and Mabra were interviewed by Detective Richards concerning the crime and were released.
Following their release, they returned to the Watson farm and stole the.410 and.12 gauge shotguns which they had previously stolen. The guns were sold by Crawford to two workers at Maywood, Inc., where he was employed.
Prior to his arrest, Crawford admitted to three fellow employees at Maywood that he had murdered the deceased.
Karen Richie testified that Crawford told her that he had done the shooting. He laughed about the incident.
Sandra Carreker testified that Crawford stated to her on a coffee break, "Maybe they'll come and get [me] for shooting that old lady." On that occasion, too, he laughed about the murder.
Keith Carreker testified that Crawford told him that he "shot that old bitch in the face." Carreker stated that when he asked Crawford if he was drunk, Crawford answered that he was cold sober and that if Carreker said anything to anyone about the murder his partner would "waste him."
Ricky Wayne Holik testified that in January, 1976, he, David Mabra and the Crawford attended a concert in Amarillo. After the concert, at Crawford's instigation, the three of them went to Maywood, Inc. There they burglarized the building and stole a number of tools. To destroy evidence of the breakin, Crawford set fire to the building.
On August 25, 1976, Crawford and Mabra were arrested for the burglary of the Maywood plant. While in custody, Crawford confessed to the burglary and, later, to the murder of Edith Whitfield. His written confession was admitted into evidence at trial.
Crawford testified that he signed the confession in order to clear his conscience and that he felt a great sense of relief after having done so.
It was only after reading Mabra's statement that Crawford said to Detective Garrett: "My God, he's putting us both in the electric chair," whereupon he immediately gave a written statement admitting his involvement in the crime but placing the blame for the shooting on David Mabra.
Confessions
David Mabra's first confession: implicated Crawford as the "triggerman" to the offense.
Crawford testified in his own defense. He admitted being a party to the offense. However, he denied carrying the shotgun into the store or killing the deceased. He testified that Mabra killed the deceased.
Crawford's confession
Crawford introduced his written confession in support of his testimony. The confession related the same facts as testified to by Crawford:
... We went in the Toot N Totum and David was carrying the shotgun. He had it beside his leg.
The lady was watching me and he stood in front of the cash register. I went and got some hamburger buns and some lunch meat and came back to the counter.
David said "You want to give us some money".
She said "What".
He said "Do you want to give us some money".
She said "Why no, o[f] course not".
He put the shotgun on top of the cash register and she said "Anything you want".
She opened the cash register and got all the money out of the cash register and put it in a little sack and said "Do you want the change" and I said "No, we don't want the change, what is under the drawer".
She raised up the drawer and said "There is only this dime, there is no money here".
I said "Well give us the dime".
I put the dime in the bag and I took the bag and the lunch meat and the hamburger buns and stepped back from the counter and dropped them. I picked them back up and David put the shotgun back on top of the cash register. When he did, he popped it down against the cash register and it went off. It blew her hair up and scared her and it hurt her because she just moaned so he shot her again. He just stood there with his mouth open and the shotgun on the cash register. I grabbed him by the coat and dragged him out of the store. We got outside and got in the pickup and went back to my apartment...
Mabra's first confession
... Donny parked his pickup in front of the store and I got out to get my snuff.
Donny said as I got out of the truck, "I think I'll rob this place."
I thought he was joking as we are all the time making comments like this to each other. I went in and picked up a can of Copenhagen snuff and started to put it on the counter. At this time, I heard Donny open the door and looked around and I saw that Donny had the shotgun behind him.
Donny said to the lady clerk, "Give me your money."
She said, "You've got to be kidding. Is this some kind of joke?"
Donny then pulled the shotgun out and placed it on top of the cash register. She gave him the money in a paper sack and then Donny shot one time. He was holding it with one hand and missed the first shot. I saw the lady's hair kinda fluff out and I saw the shot hit the wall.
I turned and was trying to get out of the store and yelled "Crawford". As I was running out, I heard the second shot. I did not pay for the snuff and I was so scared that I crushed the can of snuff in my hands. I got back in the pickup and Donny was right behind me...
Mabra's second confession
One other fellow and I drove up to the Toot `n Totum store in the early morning hours, well after midnight, and we went in with the intention of robbing the store.
I carried in a.410 shotgun, and I held it on the lady who was the clerk, who I now know to be named Whitfield, while we robbed her, and I also was threatening her with the shotgun after we robbed her when my companion grabbed the gun and it went off twice, shooting the clerk in the head and killing her. My companion and I ran from the store...
The previous statement which I gave to Officers Kirkwood and Collins last night left out the truth about my participation in our attempt to rob the Toot `n Totum and the way I handled the gun and threatened the clerk before she was shot, but this statement truthfully described my real part in the crime. (emphasis added)
The state objected to defense counsel's attempt to read this confession. The court sustained the objection, and prohibited appellant from reading the confession to the jury or alluding to it in any way.
At the hearing on appellant's motion for new trial it was stipulated that at the time of trial the prosecutor was aware of Mabra's second confession. It was further stipulated that the prosecutor knew that the results of a lie detector test administered to Mabra indicated that the second confession was the truth.