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IN TilE SUPERIOR COURT OF FLOYD COtJNTY
GEORGIA
THE STATE
VS.XUl
.oGARY REEVES
§3 -
0
55
CUAEGED TiITH
HERDER
FILE NO, 3201
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APPEARAKCKS
FOR THE STATE: ROBERT EMGELHART, Esq.
FOH THE DBFEITDAITT: \7ILLIA-M BUFFIMGTON, Esq.
Rome, Georgia
IS
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Rome, Geor/lia, January 28, 1975
BE IT RIiIMK;!BERED, the above-entitled case came on for
hearing on this date before the HON. ROBERT ROYAL, Judge of
said Court, and a Jury, when all parties announced ready for
trial-
\?KEREl)PON, the following proceedings were had, and
evidence introduced, to-wit:
A-Jury was duly impaneled and sworn.
A Plea of Not Guilty was entered.
: FILED IN OFFICE ^EB 28 1375
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TOEREUPON, MISS BEVERLY REYNOLDS, a witness called by and
on behalf: of the State, after having first been duly sworn,
testified as follows:
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DIRECT EXAMINATION: By Mr. Engelhart
.. You are Miss Beverly Reynolds?
.. Yes, sir.
Miss Reynolds, how old are you?
Sir? \
How old are you, ma'am?
Fifteen.
And how old were you back on the 13th day of August
A (Interposing) Fifteen.
^ . " .?*** last year?. I'll ask you whether or not your
mother was Grace Reeves?
A Yes, sir.
Q And I'll ask you if you know the defendant in this
case, Gaary'*'Reeves, when you see him?
A . ' Yes, sir.
.Is he*here in court today?
Yes, sir.
Can you point him out to us?
•. Yes, sir.
Will you do it?
Q.
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A That is him (indicating).
Q Now are you pointing to the man in the yellow shirt
and the soyt of gray looking suit?
A * Yes« sir.
5 rQ Or the man in the red coat there?x ''Ul
® -A This man here with the yellow shirt on.CM
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7 SQ All right.CM
8 * MR. ENGELHART: Let the record show that this
i59 o witness identified the Defendant.
W gQ (By Mr. Engelhart) Let me direct your attention back to theoa:
^ 13th of August of last year and 1*11 ask you where you lived at
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.13 IA 1904 Maple Street.o •
14 And with whom did you live?• * A .
15 q,A . Gary Reeves and my mother.
16 oQ • And is Gary Reeves your step-father?• u
IV fe A Yes, sir.0
18 "q And who else lived there at 1904 Maple with you?• ;
18 ^A Charlotte Reynolds, my sister, and Bobby Salmon.1
20 wQ Now is this 1904 Maple Street in Floyd County, Georgia?
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21 ''A Yea, sir.
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Q Let me ask you if you were at home on the date of August
13th, 1974?
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A Yes, sir.
At 1904 Maple?
Yes, sir.
All right. Who. if anyone else, was there at that time?Yes, sir.
Who else was there?
My sister, Charlotte Reynolds and my mother, Grace, and8 Gary, and Bobby Salmon, my little brother, Sean.
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|! And your little brother, Sean? And how old Is your little§5rother?o . -o;
11, A
>2 ya3O
He's four.
And how old was he back then?
^ He was three.oo
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Now was there anyone else there that night?
Yes. sir. A Irlend of Bobby Salmon's, Richard Holcombe.And what time did you all get home that night If you '
" fcad been some place? &"J • ■ Ji w
A We got home about ten fifteen after 12:00.18 "
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And where had you been?
From the tavern. Stokes Cafe.
Whose cafe?
Stokes Cafe.
And where is that located?
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On Old Furnace Road,
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All right. And did the defendant come home with you?
Yes, sir.
And your mother?
Yes, sir.
All right. Now when you first got home what. If
anything, happened then?
A We all went out and sat on the front porch and wo
were dust talking.
Q All right. And then what happened?
A And then Gary come up aboulL something «« he was going
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to shoot the lights out up at the Kayo Station.
Q O Talking about shooting the lights out at the Kayo
Station?
A Yes, sir,
Q Now where is the Kayo Station with respect to the
front porch of your■home there at 1904 Maple?
A Right across the street,
Q As you go from Rome out Maple, going in the direction
of liindiale, would 1904 Maple be on the rlghthand side of the
street or the lefthand side of the street?
A The righthand side,
Q And where would the Kayo Station be? Would it be
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A (Interposing) On the lefthand.
Q on the right or the left?
A Lefthand side.
Q All right. Now what sort of condition was Gary in
^with respect to being sober or intoxicated?w
MR. BUmNGTON; I think that's an improper
question. She can state what she saw, not
what her opinion was as to the degree of
intoxication, if any.
THE COURT: All right, sir. Rephrase it,
Mr. Engelhart.
«Q (By Mr. Engelhart) All right. Let me ask you if youo
^3 ^smelled anything on Gary Reeves' breath while he was out thereDO
"on the porch?
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No, sir, because I wasn't around him on the porch.
All right. What was his manner of behavior when he
fe was talking about shooting the lights out at the Kayo Station?
He was mad.
Mad?
(Nods head yes.) •
Do you know whether he had been drifaking anything■ ̂
Yes, sir.
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or not?
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And had he been drinking something?
Yes, sir.
What had he been drinking, if you know?
I don't know what it was.
Q • All right. Now after he said he was going to shoot
the lights out, then what happened?
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Well, I went in the house.
Well,'what about Bobby Salmon?
Bobby Salmon «" he had already went to bed.
And what about Richard Holcombe?
He had gone home.
And you went on in the house?
Yes, sir.
Where was Charlotte?
She was on the couch.
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Was that inside the house?
Yes, sir.
And when you went inside, what did you do?
I went to bed.
And where was your bedroom in the house?
It was right on it was on the back porch.
And where was Charlotte lying?
Charlotte was lying in the livingroom on the couch.
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Q And when you went on back there to your bedroom,
what, it anything, did you do?
A I turned on ray record player.
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Arid did you play some records?
Yea, sir. I played three records.
All right now. Then what happened?
Well, I heard maraa and Gary and Gary was wanting
something to eat and mama was getting ready to tix it. And
then the record player clicked off and I heard a gun shot and
mama screamed. And then I Jumped up and looked and he was
Just kept shooting her.
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And where did this take place?
In the kitchen.
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you know?
Where was Gary?
He was standing right in front of the sink.
In the kitchen?
Yes, sir.
All right. And how many times did Gary fire, if
He fired all six times.I " - -—
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Q All. right. And what happened after that?
A Well, mama was dead and Gary he walked out of the
kitchen and clicked off the light and walked out of the house,
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.Did ho come back in?«
No, sir.
Did he take anybody with him as he left?
He took our little brother, Sean.
All rig:ht. Now did you see him or look at him in
the face when he was back there in the kitchen shooting?
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He looked at me.
Did he say anything to you?I ̂ ■ II ■■■ ■ ■■ ■■ ' I I
No, sir.
Did he do anything with his face?
He just gave a mad looking grin.
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/And that*8 when ho took the little boy?
Yes, sir.
Now where had the little boy, Sean; been prior to
the time that you heard these shots?
A He was in the bed and he Jumped up end he come to
the kitchen door^
Q • And then did he say anything?
A He wanted us to fix a bottle one of us. He was
calling mama,
Q He wanted what?
A He was wanting a bottle. He was calling mama ̂and
when he saw Gary he said, "Daddy don't shoot." And then he
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* "Daddy. Why did you shoot2
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1Q All right. Now you say that she fell. Do youremember when she fell with respect to what happened? '
^ OP the eecond shot.
say anything or cry out or —|A (Interposing) She Just let out a light scream when he
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«i <5gher face or on her back?
When she fell - let me ask you whether she fell on
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On her back.
Oo you recall how she was dressed?
She was dressed In plnlr ipajamae?
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Pajamas?
Uh-huh.
MR. BUFFINGTON: Subject to Identification,.we have no objection,
UH. ENGEtHAHT: ffe will connect that up 'later. Your Honor.
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'9 |Q (By Mr. Engelhart) I show you what's been marked asI State's Exhibit 1, a photograph, and I'll ask you to look at^ and Bee if you recognize it.
^ sir. She had on pink pajamas.Q She had on pink pajamas?
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(Nods head yes.)
Is that your mother?
Yes, sir.
And is that your kitchen floor?
Yes, sir.
Do you remember about what time of the day or night
git happened?
A 2:15 in the morning.
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All right. Now after he left I'll ask you whether
sor not the police cane out?
, Tes, sir.
And did ydu stay there until the police got there?
Yes, sir,
t;- . And did an ambulance come and get your mother?
YeSyasir.
Were you there when that happened?
Yes, sir.
And 1*11 ask you whether or not your sister,
I Charlotte, came into the kitchen or whether you saw herin
^ gafter she went to lie down on the couch?'
^No, si^^ After she lay down on the couch I didn't
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see her anymore.
Pntil after the shooting was over?
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A Yes, sir.
Q Did she get up at any time or did you see her at
any time?
A I didn't see her at no time after she had laid
-down until it was all over.
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MR. ENGELHART: You may ask her.
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' CROSS EXAMINATION: By Mr. Buffington
Beverly, let's go back to this situation over at
that beer Joint. How many of these people ultimately wound
up on the front porch were over there? Was Richard Holcombe
}}j over there?D
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Yes, sir.
And Bobby Salmon?
Yes, sir.
And Charlotte?
Yes, sir.
And you?
Yes, sir.
And who else?
Mother and Gary.
Was this little boy, Sean, over there?
The little "bby was^asleep.
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Where?
He was In mother and Gary's bed.
You mean he was left over there on Maple Street
by himself?
No> sir. Charlotte was there.
1 thought you said Charlotte was over at the beer
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We had a baby sitter, but Charlotte went and picked
I see. And you say you left over there about 12:15?
About ten after or 12:15*
Now how long would it take you to drive from over
^there to the front porch on Maple Street?3O
That's what I was talking about; we left the place• •
Q^at exactly 12:00/
You got back to Maple Street at about 12:10?
About ton after or fifteen after.
And now how long did you all sit out there on that
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We sat out there maybe an hour.
Uh-huh.
Something like that» -
So that would make It about 1:15
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(Nods head yes.)
«« that you comraenced to filter into the house?
(Nods head yes.)
Who went in first?
Bobby Salmon.
And what's Bobby Salmon's presence in this house?
He was just staying with us.
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Staying with who?
With my sister.
Charlotte?
Uh-huh.
Does Charlotte have any children by him?
No, sir.
Do they sleep in the same bed?
They did.
MR. ENGELHART: Your Honor, that's irrelevant
and immaterial to the issues in this case and
I object to it.
MR. BUFFINGTON: I think it touches upon the
competency of the witness and the morality of
the witness in addition to that*
MR* ENGELHART: The morality of the witness
is not in issue if it please the Court*
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THE CX)URT: I don't think that would be
in issue* I'm going to sustain the
objection.
Q (By Mr. Buffington) When did this Richard Eolcombe go■
r home?
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He went home before any of us went in the house.
Was he out there on the porch when you say Gary
8 'was going to shoot the lights out?<
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^ No, sir. No one but me and him and mama was outlU
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That was it. And when you say this light shootingQ
12 IJj episode was going to take place how long was that before
13 f you went Into the house?
14 J " A About ten or fifteen minutes, because mama was
•^ying to talk Gary out of it.
And then you go Into the house and you played three
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Yes, sir.
How long would that take?
I don't know.
Can you give us an estimate? I imagine you play
records frequently.
MR. BNGELHAHT: She has already answered
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she doesn't know, if It please the Court, •
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and I object to hlra badgering her for an
answer If she doesn't know.
MR, BUFFINGTON: I'm not badgering her. If
she's got an hour's playing —
THE COURT: (Interposing) I will overrule
the objection. I think he asked her if
she'd give an estimate.
MR. BUFFINGTON: Sir?
THE COURT: Wasn't your question if she
could give an estimate?
MR. BUFFINGTON: Yes, sir.
MR. ENGELHART: She had already answered
she doesn't know.
THE COURT: Well, she doesn't know, but she
may be able to give an estimate. I'll
overrule the objection and allow her to answer
the question.
19 f Q (By Mr. Bufflngton) And you say you all went in aboutz0)
20 w 1:15, somewhere in that vicinity?>-
21 " A No, sir. Bobby went in first.
22 Q Okay.
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And then Charlotte went in.
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Q All right.
A ;-j And then Gary started talking about shooting the
lights out, and then about ten minutes ten or fifteen
minutes after he said that, I went in. And him and mama
^ come in together.
All right. Well, where did this pistol come from?
I have no idea.
Had you ever seen it before?
Yes, sir.
Well, who did it belong to?
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Gary,
To Gary?
(Nods head yes.)
And what sort of pistol was it?
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^t was a little .38^
A revolver?
I don't know what kind it was; I Just know it
was a little .38.• •
t Q And you say you played three records?
o A Yes, sir.>
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Q And your testimony with regard to this occurrence
is Just as positive as your testimony that your mother had
pink pajamas on, is that correct?
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Q Well, you observed this picture; nobody didn't
take her pajamas off of her, did they?
A Well, she had on pink pajamas wlien I see her
last^
Q I say but after she was lying there nobody took the
pajamas off of her?
A No, sir.
Q You got up I believe your bedroom is just a
porch that was enclosed on the back of the kitchen?
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Yes, sir.
Is that correct?
(Nods head yes.)
And when you heard the first shot fired you came in?
I didn't come in; I stood behind the door.
You stood behind the door?
Beside it.
Okay. Now while you were playing these records, Is
this when this argument supposedly took place with regard to
fixing something to eat or going to the Waffle House?
A 1 just heard them talking about fixing something to
eat. • . . . •
Q Well» was it loud or
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A (Interposing) He just said he wanted something to eat.
He said there wasn't nothing in Rome open and she said she
would fix him something.
Q And this conversation was reasonably calm and peace-
S !2 able then?
A
Q
Yes, sir.
or fussing about it?
They were just going to fix something to eat?1.1 ■ i"« If
Yes, sir.
Q Now after you all left this juke joint and came home,
and during this approximate two hour time in there, did you
see him drink anything?
A Yes, sir.
Q
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On the porch?"f
Yes, sir.
Did your mother drink something, too?
Yes, sir.
MR. ENGKliHART: I did not understand that
question.
MR. BUFFINGTON: I asked if her mother «»
MR. ENGELHART: (Interposing) I did not
understand the reply.
MR. BUFFINGTON: She said yes. I believe
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you said yes, didn't you?
THJS WITNESS; Yes, sir.
Q (By Mr, Buifington) Now you said that on occasions that
this Bobby Salmon and your sister, Charlotte, slept together?
A Yes, sir.
Q Sir?
A Yes, sir.
Q Well, on this occasion you say she didn't; she Just
went and got on the sofa?V
A Yes, sir.
Q She had a bedroom of her own?
A Yes, sir.
Q But. what was Bobby Salmon's condition? Had he been
drinking, too?
A Yes, sir.
Q Before you heard the first shot fired do you know
whether she was standing up or what she was doing?
A She was standing at the stove.
Q Well, could you see her standing at the stove?
A No, sir. But when I got up it was, like, she was
standing towards the stove.
Q Was the stove on?
A She had one eye on. .
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And you stood there and watched these other shots
be fired?-
A Yes, sir.■
Q And the second shot was when she fell?
A Yes, sir.
Q So you actually saw four shots fired and no more?
A I*m sorry?
Q I say you actually saw only four shots fired while
you were standing behind the door, or by the door?
A I heard the first shot; I didn't see it.
Q Did you see the second one?
A Yes, sir.
Q And .you saw her fall when that second shot hit her?
A Yes, sir.
Q Could you tell from your advantage point where these
bullets penetrated her body or where they hit her?
A One of them hit her in the chest throat through
the chest.
Q And you don't know where the Others hit her?
A He shot her In the stomach.
Q Now one of the last questions that Mr. Kngelhart
asked you was that if at any time after Charlotte went to
bed that.you didn't see her any more.
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A No, sir, I didn't.
Q Well, where was she then? Had she gotten off the
couch and gone to bed?
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time.
Q
I don't know; I didn't see her.
But you didn't see her?
(Nods head no.)
Until he was gone and Charlotte came in there?
After he was gone.
Charlotte came in?
I went to her. She was standing in the hall at that
Now let's get this down again now. She wasn't
standing where she could see until you went and got her?
A I walked through the kitchen
Q Uh-huh.
A «"• and Charlotte «« when I came through the dining-
room she was- standing in the hall.
Qt
A
All right. But he had already left?
Yes, sir. He had already left.I
ii
THE COURT: Now are you talking about the
defendant when you say "he"?
MR. BUEFINGTON: He had already left the
'' house, yes, sir,, when Charlotte came — or
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When you went and got Charlotte?
THE WITNESS: When I went in there to Charlotte
Q (By Mr* Buffington) Do you know what happened to this
pistol?
A No, sir.
Q Well, when you said he cut the lights off and left,
did you cut them back on?
A I cut the kitchen light back on when 1 went through,
Q Uh-huh. And you didn't see any pistol laying on the
table or anything like that?
A No, sir,
RE-DIRECT EXAMINATION: By Mr. Engelhart
Q This tavern that you are talking about that you all
came from aroxind 12:10, do you know whose business that was?•^1 . .. . . II ———— I []^
That was mother's*A
Q
A
Q
A
Q
Your mother's business?
Yes, sir.
And did Gary v/ork there j too?
He helped her.
He helped her there.
MR. ENGELHART: I don't have any other
questions.
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TlIE COURT: Any further questions?
MR. BUFPINGTON; Yes, sir. Judge, this
may appear to be a little far-fetched, but
if the Court will abide with me, I will try
not to go Into too much.
RE-CROSS EXAMINATION: By Mr. Bufflngton
What Is Charlotte's last name?
Reynolds.
And what is your last name?
Reynolds.i " '
What's your father's name?
MR. ENGELHART: Your Honor, please, I'm
going to certainly object to this.
THE COURT: What Is the relevance of It,
Mr. »■«!
MR- ENGELHART: (Interposing) He Is
attempting to again go back Into the
morality.
THE COURT: Just a minute. Let me ask him
MR. BUFPINGTON; Sir?
.THE COURT: What's the relevancy?
MR. BUFPINGTON: Well, the relevancy is I
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want to ask her if she knows what her
mother\s name is.
Mn. ENGELEART: I think it's totally'
irrelevant and immaterial to the issue of
murder in this case and if there's going to
be any more questions about it, I want to
ask the Court to take the Jury out.
THE COURTI Take the Jury out.
(WHEREUPON THE JURY LEFT THE COURTROOM)
THE COURT: What is the relevance of the
MR, ENGELHART: (Interposing) Your Honor,
please, the door is still open.
THE COURT: All right, sir. Now may we
proceed.
MB. BUEFINGTON: I would like this witness
excluded while I am making my motion, if I may
THE COURT: Well, you were asking her the
questions.
MR. BUFFINGTON:' Yes, sir. But I don't
like to play my poker hand before I get
to it.
i
THE COURT* All right. Take the young lady |
outside, Mr. Bailiff.
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MR. EIIGELHART: Before the Court rules on
this, there Is absolutely no rule of evi
dence that requires her to be taken outside
while he is going to Interrogate her ««
THE COURT: (Interposing) He's not going
to interrogate her.
MR, ENGELHART: and while ho is going
to get a ruling on the question that has
been asked.
THE COURT: Take her outside, I have ruled
on it.
(WHEREUPON THE WITNESS LEFT THE COURTROOM)
THE COURT: Okay, Mr. Buffington, What is the
relevance of this question, Mr. Buffington?
MR. BUFFINGTON: The relevancy of the auestlon
if Your Honor please, is I propose to establlsli
that the allegata et p^ba^ is not going to^ icoincide with regard to the indictment; that
^^^^^^^womanj^^^the^^alleged victim, that her real
name was Grace Wade and still is Grace Wade.
THE COURT: May I see the Indictment? How
does that go to-the question you are asking
this witness?
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MR, BUFFINGTONi V/ell, this witness knows
of her own knowledcre that her mother's real
name is Grace V/ade and not Grave Reeves.
MR. ENGELHART: Well, Your Honor please, he's
presuming what some answers are going to be,
but the fact of the matter is in what it be
comes necessary to bring it out and I see
absolutely no reason to have to go into this
sort of thing in the trial of whether or not
Gary Reeves killed this woman that is charged
in the indictment. But the truth of the matte):
Is that Gary Reeves had been living with this
woman, perhaps as a common law marriage for a
number of years and that ho is the father of-4
the little Sean that this little girl has
^ testified to and there is absolutely nothing
in this except to try to embarrass this little
witness that's up here, a fifteen year old
witness up on the stand by going into soraethlnif
about what her mother's name was.
MR. BUFFINGTON: The burden is on the
State to establish who was dead and who '
died.
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I THE COURT: Yes, I understand that.
2' BUFFINGTON; And they've got them
3 indicted as Grace Reeves.
4 MR. ENGELHART: That's another.thing, if it
5 2 please the Co\irt> and we are beyond that •KX
6 H! stage.w<MO
ji MR. BUFFINGTON: (Interposing) No, sir.<u
8 • I agree that a misnomer with regard to<
g K the defendant is a meaningful defenses
10 S ^butjnot a misnomer as far as the indictmentsoce.
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is concerned. '
12 ui THE COURT: Right at this point I don't see
13 X the connection for this purpose. I think*ec
D
14 8 as you say, it's up to the State to prove.
15 * MR. BUFFINGTON: Yes, sir.tcUI ^
10 g O THE COURT: And it is. And then you have your
defense to try to prove. By asking her who w
was or who v/as not her father, X don't think •I
that's got anything, right at this point, to
do with this case. I'm not going to allow2U)
20 uj- o
. you to go into this.
MR. BUFFINGTON:: No* I wasn't trying to .
approach the question or go into the matter
! :• •
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as to who her father was. I was trylnf? to
approach It and go into the matter as to
whether or not her mother was not still
legally married to this fellow named Wade.
THE CX)URT: That would call for a conclusion
on her part.
MR, BUTTINGTON: No, sir, because you cannot
effectuate a common-lav/ marriage if you've got
BM existing civil marriage. And Mr. Engelhart
keeps talking about a common-law marriage, but
you can't have one if you have got an existing
civil marriage.
THE COURT: Well, if there's an existing civil
marriage, you can show that by the records,
rather than the testimony of a childJ I'm not
go^ to let you go into it at this time. You
will have your defense. Lefs see what the
State can show. Bring the witness back and
bring the jury back.
(WHEREUPON THE WIT]^^ESS AND THE JURY RETURiNED
TO THE COURTROOM)
THE COURT: All* right, sir.0
MR. DUITINGTON; Yes, sir. In light of the
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Court's ruling, I would like to reserve the
right to-call her back for cross examination
at a later time and I have no further question^«
THE COURT: All right, sir.
MR. ENGELHART: You may step down then.
THE COURT: I'm going to ask that the witneesea
go out this door on the other end of the court
room as they testified «=* finished testifying.
Mrs. King, you will see there's some chairs
and benches out there for them to sit on.
Call your next witness.
MR. ENGELHART: The State would call
Charlotte Reynolds.
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WHEREUPON, MISS CHARLOTTE REYNOLDS, a witness called by and
on behalf of the State, after having first been duly sworn,
testified as follows:
DIRECT EXAMINATION: By Mr. Engelhart
Q
A Yes.
Your name Is ̂.si^Charlotte Reynolds?
Q Miss.Reynolds, let me direct your attention back to
August the 13th, 1974, and I'11 ask you where you lived at.
that time.
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Q
A
1904 Maple Street.
And Is that here In Floyd County?
Yes, sir.
Q Do you know the defendant In this case when you see
him?
A
Q
A
Yes, sir.
What, if any, relationship was he to you?
Sir?
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Was he related to you in any way?
Yes, sir.
And what was that relationship?
Step-father.
And did he or not live in the home there at 1904
Maple Street with you and your mother?
A .Yes, sir.
Is he here in court today?
Yes, sir.
Can you point him out to us?
* Yes, sir.
Would you do so?
(Witness indicates) Sitting right there.
And for the record •— they are taking this down on
Q
A
Q
A
Q
A
Q
the record would you point out which «« or tell us which
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of the two men sedited at the defense table you were pointing
to?iJ
A
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Q
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The one on the left.
The one seated closest to you?
Yes, sir.
And in the yellow shirt and light gray colored suit?
Yes, sir.
MR. ENGELHART: Let the record show that this
witness Identified the defendant.
Q (By Mr. Engelhart) Let me direct your attention back to the
13th day August, 1974, and I'll ask you if anything unusual
happened there at your home on that date.
A What do you mean?
Q Well, did anything happen that doesn't happen every
day down there?
A Yes, sir.
Q All right. What happened?
A . He shot and Killed my mother.
Q Who did?
A ̂ry Reeves.
Q All-right. Now do you remember about'^what time of
the day or night It was?
A . 1 think it was about 2:00 or about 2:10. In the
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Y^ho all was there at home when this took plaoo?
A My sister, Beverly Reynolds,' me, Gary Reeves, my
mother and Bobby Salmon.
Let*s see. There was Gary and who?
Me and Beverly Reynolds and Bobby Salmon.
And was there anybody else there?
No.
How many people live there at your home?
Just the people that I named.
How many children were there?
Three.
And who were they?I
Me and my sister, Beverly, and my little brother, Sean,* . •
Q Well, does he live there, or did he live there at the
. A
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Yes, sir.
And was he there on the night of August the 13th?
Yes, sir.
Had you all been any place earlier that night?
Yes, sir.0
Where?
To my mother's place. Stokes Cafe.
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Q Where Is that' located?
A On the Old Furnace Road.
Q And what time did you all leave this your mother's
place?
A I left about 11:00.
Q And where did you go?
A Home.
Q To 1904 Maple?
A Yes, sir.
Q Did you go by any place before you got there?
A No.
Q All right. I'll ask you if you had anybody with you?o "
13 f A Yes, sir.3 .
M 8 Q Who?• • •
15 ^ A Bobby Salmon... Ill
16 o Q And who else?aui
n I A That's all.D .0 . -
18 " Q What about Sean?
19 I A No.H
1 . ■
20 w MR, BUFFINGTON; He's leading his own
o .
21 "» witness. She's testified that just her
and Bobby
MR, BNGELHART: Yes, sir. I was going
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now I,asked her about Sean.
THE V/ITNESS: No, he wasn't with us.
THE COURT: Don't lead your witness, Mr«
Engelhart.
Q (By Mr. Engelhart) What time did you get home to 1904
Maple Street?
A About five after 11:00.
And did anybody else come in after that?Q
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Q
A
Yes, sir.
Who was that?
Richard Hoicombo,
And then did anybody else come in?
Not until mother and Gary came home.
All right. What time did mother and Gary get home?
At it was about 12:30.
And what about your sister?
Beverly and Sean were with mother and Gary.
Beverly and Sean?
No. Beverly was with mother and Gary. Gary left
and went and picked Sean up.
Q After you got home?
A Yes, sir.
Q And where had Sean been?
• 30"
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At Mrs. Gravley*s, the lady that keeps him.^
The baby-sitter? •
Uh-huh.
And did Gary bring Sean back to 1904 Maple?
Yes, sir.
All right, when you got back with little Sean, what
to Sean?
i
He was put to bed.
And where what room was he put to bed In?
In mother and Gary's bedroom.
All right, now, alter that then what happened?
We were sitting on the front porch talking.
And, then, did anybody leave?
Not while I was there*
T/ell, did you get up and leave?
Yes, I went Into the house and I went to sleep on the
All right, what about Bobby Salmon?
He was asleep in the bedroom.
Did he'go to sleep before you went In or after you
About the same time I went in.
And you went to sleep on the couch?
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A Yes, sir,
Q And who all was left out on the front porch when you
went In?
A Gary, my mother, Beverly and Richard.
Beverly and Richard?
Uh-huh.
All right. Then after you went to sleep what was the
8 . next thing that you knew?<
I heard a shot.A ̂ A9 c «otu
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And where was that shot? Where did it come from?
From the kitchen. .
And when you heard that shot what, if anything, did you
What did I do?
Yeah.
I got up and walked to the dining room table.
And when you walked to the-dining room table what, if
18 o anything, did you observe?
19 I I saw Gary standing at the kitchen door with a gun in
20 2 hand.u
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? Q What kind of a gun was it? Was It a rifle or a pistol
or a machine gun? ^ .
A It was a -•» it was a ♦SB pistol.% I mi H ' " I
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Q All right, and when you saw him was the .38 pistol inhis hand? Could you see your mother?
A
Q
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Yes, sir.
And where was she?
She was laying on the floor.
In the kitchen?
Yes, sir.
Then what happened?
I saw him walk over on top of her and I heard two more
10 j shots and he turned around and turned the kitchen light off.11
so
'"Q Turned the kitchen -light off?
Yes, sir.
And then what happened?
He went into the bedroom.
And when he went in the bedroom did he do anything in
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18 o getting bullets or emptying a gun or something when my little
19 X woke up.
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I heard the chest open and it sounded like he was
MR. BUFFINGTON: Now that is the rankest sor
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of surmising that to hear a chest open and
he was getting bullets out. He might be
getting marbles out.
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MR. ENGELHART: If it please the Court, she
said what It sounded like to her.
MR. BUFFINGTON: Well, I don't know how she
can testify when she hears a chest open
as to whether it's bullets or whether it ain't
THE COURT: Well, you'll have her on cross
examination, you can ask her about it on cross
She said that's what it sounded like. I don't
know how she knows it either, but you can
ask her.
Q (By Mr. Engeihart) All right. Then after you heard this
noise in the bedroom,then what happened?
A My little brother started crying;
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Did the little brother say anything or go any place?
He got up and went into the kitchen.
When he got in the kitchen what happened?
His daddy got him and took him out the front door.
Did the child say anything in your presence?
MR. BUFFINGTON: It would have to be in the
presence Of the defendant, not in her presence
THE COURT: Yes, sir. I will sustain the
objection unless you can show it was in his
presence presence of the defendant.%
' " N
40
MR. ENGELHART: Well, may I ask the question
again, and she says yes or no and then I'll
go from there and get it straightened out.
Q (By Mr. Engelhart) Did you hear the child say anything other
5 in than crying?
6 HIA No. sir,_
„ 2q You did not? All right. Now, what did the defendant' Cl
w '
Q . do after the child went into the kitchen?<
Q SA He picked him up and he left,o111
JO wQ picked him up?so .
11 Gary.
12 ujQ And when you say he left left 1904 Maple?3xA Yes, sir.
1^ 8Q. And how did he get out of the house?
12 ' A He went out the front door#Gt(11
,e aQ ^-^And did he have the child with him?10 o •
0.ui •
jij ^ A Yes, sir •aD
jg 8q And do you know where he went after he got out the
front door?
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«A You mean where he went to when he left?
OQ he just walk out on.the front porch or did he leaveV
22
23
A No, he got in his car and left,■" ■■■
Q. Did you see your sister, Beverly, there that night aftea-
41
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the shooting?/
A Yes, sir.
Q Where did you see her?
A She came into the living room after Gary left where I
5 w was at and I told her to call the police and she went to thef-X
6 ;;; bedroom and called the police.to(MO
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MR. ENGELHART: You may ask.
CROSS EXAMINATION: By Mr. Bufflngton
Q Is it your testimony, Charlotte, that Beverly came in
and got you after this shooting all took place?
MR, ENGELHART: She has not testified to that,
, if it please the Court,
MR. BUFFIKGTON: X asked her if that was her
testimony.
THE COURT; Yes, sir. I will allow her to
answer the question.
A I said she came in where I was at.
Q Dh-huh, well, did you go were you still on the sofa
or had you removed yourself into the bedroom with this Bobby
Salmon?
A No, sir. I sat down in a chair in the living room.
Q And so, all you saw was Gary walking out the front
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door with Sean./
A No, sir.
Q did you go to the kitchen door?
A No, I v/ent to the dining room table.
«o Q Well, v/here was Beverly when you were standing there atHX
^ the dining room table?
She was standing at the other kitchen door on the
. other side of Gary.
Uh-huh. And, if Beverly's testimony was that sheIq
" didn't, see you any more until after Gary had left that would be
^ an error, wouldn't it?
MR. ENGELHART: Now, if Your Honor please,
that is argumentative.
THE COURT: I think it's an improper question,
strike it. I sustain the objection.ocUJ
cQ (By Mr. Buffington) Now, was Sean at this Juke Joint when youaui
^ and Bobby Salmon left?
No, sir.
Gary had still not gone and gotten him to your
a
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w knowledge?u
OA N
Q
A
o, sir.
But you didn't go to the nursery and get him?'
No, I didn't.
■
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Q And you say after you and Bobby left it was about
another hour or so before the rest of them came to Maple Street.
A Yes, sir.
Q Is it your testimony that you actually saw Gary fire5 w some shots?
X
® 5 ̂ I couldn't actually see them being fired.<Vo
7 j Q You couldn't see them being fired.<M • ■
8 * ^ ■ I seen him with a gun 1 didn't actually «.=,9 g Q Did he take the gun with him?
o
2 ENGEUIART: Now, Your Honor, he's inter-o
. rupting her and not letting her answer the
12 w question.D
^ BUFFINGTON: X am sorry. Go ahead andDO
14 o answer that question.
a COURT: I think she was trying to say111
15
16 o something further. Go ahead.Ill
" I ̂ I didn't actually see him fire the shots, but I seen18 o him with the gun and I heard the shots.
la
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j Q (By Mr. Buffington) Uh-huh. How when you saw him with the
^ gun where was he — was he leaving or was ho in the kitchen?
21 ° ̂ Be was in the kitchen.
Q Did you see Beverly in that doorway, too?
A Not then....
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Q Did you go In* to look at your mother?
^ I went to the kitchen door,
Q And could you see her from there when she way lyingon the floor?
Yes, sir.
What kind of pajamas did she hnxr<>
She had on aiS> ong housecoat.Blue housecoat. You say you were lylu^ on the sofa la
5 i2 AI-' •X
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9 I living room when they came In,1" ™ A • Yes, sir.
on ;Q Prom the porch. Now to come through the living room to|12 I get to the kitchen would they by necessity have to come by you13 f on the sofa?
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" g ̂ they walked by you going to16 g the kitchen before you",heard these shots?
ui ■
I don't know. I was asleep.
So you didn't hear any argument of any sort?
No, sir.
Was there any arguing out on the porch?
No, there wasn't..
Well. Gary and your mother were getting along In right|.To my knowledge.
(CD
° A Yes, sir.
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MR. BUFFINGTOx^T: That» s all.
Q (By Mr, Bufflngton) By the way, did Gary carry that pistol
with him out ot the house?
A I didn't see It, I can't say he did,
w ̂ Well, did you see It on the table In the kitchen orH
g u any other place?•0(M
7 4 ̂ ^ didn't see it hny where in the house.pjN
0 , Q Do you know whose gun that was? .
g gA No, I don't.s
10 S yo" ®ver seen that gun before?so
Ij A Yes, sir.#
12 uj ̂ Whose possession was It In when you saw It before?. U)
D
13 I A Gary' s,D _
M 8^ "O''' yo^ describe for Mr. Engelhart what sort of
a pistol It was?
It was a ,38.
It was. a what?
I believe It was a ,384
Was It black, nickel-plated or ««
No, It wasn't nlckel«-plated. I think It had a brown
Was It In a holster?
He wore It In a holster, yes.
20 bi
0 handle.
46
1 ■; Q But what I'm asking you was when you saw It there did
you see a holster around any place?
A No, sir.
4 I MR. BUFFINGTON: That's all.II
5 ̂ •HX
6 m RE-DIRBCT EXAMINATION: By Mr. Engolhartin(V)o _
7 4 Q Miss Reynolds» I'll show you a photograph which has<M
8 . been identified as State's Exhibit No. 1 and I'll ask you to<
9 g look at It and see if you recognize who that is In theo •u .
10 2 photograph.zo .
11 A Yes, sir.
12 uj Q And who is It?w
13 I A My mother,a.3
14 8 Q And is that the way she was when you saw her on the
15 floor that night after she had been shot?.. cc' UJ
16 g A Tea, sir.0.HI
17 ^ Q When you heard this shot and got up and looked intocc3
13 8 the kitchen» I'll ask you who all was in the kitchen at that
19 X time,i ^^ A Just my mother and Gary20
21
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Q. Did you see anybody else there with a gun?
A I . . No, sir.
MR. ENGELHART2 I don't have any further
O questions.
47
(O
1 1 RE-CROSS EXAMINATION: By Mr. BuffinKtOn
2 ̂ Kow old did you say you were. Miss?
Seventeen.
MR. BUFFINGTON; That's all.
5 !2 COURT; Any further questions of thisX .
$ II! witness?w(VIoy ̂n(VI
-8 • RE-DXHECT EXAiilNATlON: By Mr. Enjjelhart<
9 S Q . ^ would like to ask now you had a little brother andolU .
10 Z name was what?4
Sean Reeves.
Q Sean Reeves. How old was he at this time?
He was three.
11
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' tOQethevac
And how long had your mother and Mr. Reeves been living
as husband and wife?
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I oan*t say for sure.
Well, can you give us some estimate?
About four years.
About four years.
MR, ENGELHART: I don't have any other
questions.
THE COURT: You may step down.
MR, BDITINGTON; Nothing further.
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THE COURT: Sir?
XIR, BUFFINGTON: Nothin/* further.
THE COURT: Go out the rear door. Gentlemen,
would you approach the bench.
(INAUDIBLE COLLOQUY BETWEEN COURT ALT) BOTH
COUNSEL)
THE COURT: All right. Ladles and Gentlemen
of the Jury, it would be necessary to break
Into the testimony of a witness were to pro
ceed at this time, and I don't like to do
that because It does make some inconvenience
to the lawyers particularly with trying a case
sometimes may be a little bit unfair. So for
that reason, X would like to recess for lunch
at this time. And by consent of Counsel, you
will be allowed to disperse for lunch. I will
instruct you, do not discuss this case amongst
yourselves In any way. Don't allow anyone to
approach you about the case in any way. If
they attempt to do so let me know about It.
Doh'*t listen to any radio broadcasts about it,
should there happen to be any. Don't read any
newspaper article about it should there
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happen to be any. And, as I say, don't make
up your minds about this case until you've
heard all the testimony, received all the
evidence, heard the arguments of Counsel and
the charge of the Court, then when you get
Into your Jury room to deliberate. V/ith those
admonitions, I'll let you go and I'll ask you
to be back at 1:15. Now, the spectators, I'll
ask you to please remain seated until the
Jurors have cleared the Courtroom.
You may go at this time.
(WHEREUPON THE JURY LEFT THE COURTROOM)
AFTERNOON SESSION)
THE COURT: Are there any witnesses in the
Courtroom other than the prosecutor and the
defendant? All right.
MR. ENGEIiHART: I would like to call Charlotte
Reynolds back to the stand for Just one or
two more questions.
THE COURT: All right.
i/HEREOPON, CHARLOTTE REYNOLDS, recalled, testified as follows:
RE-DIRECT EXAMINATION: By Mr. Engelhart
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Q I want: "to aslc you what: wao your ino"ther what tiamo
did she go by?
A Grace Reeves.
X(U
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Grace Reeves? .
Yes, sir.
And, she had used that name then for some four years or
<^ot, had she?
aYes, sir.A
<
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^ Ail right, now I want to show you some photographs •®*'
S. photograph designated as State's Exhibit 2 and I'll ask youoc
,to look at that photograph and see if you recognize it.
Yes, sir.
What is that photograph of?
Dining room.
And do you recognize the dining room?
Yes, sir.
And what dining room is it?
It was the dining room at our house.
At 1904 Maple?
Yes, sir.
And is this the way the dining room looked back on
August 13th?
Yes, sir.
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Q Now, I direct your attention to a door sort of in the
center of the picture and 1*11 ask you if you can see on through
that door opening and tell what's in there.
A
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A kitchen.
And is that the kitchen that you testified to before
Yes, sir.
All right. And now I'll show you a photograph Identi-
^ State's Exhibit 3 and I'll ask you to look at that andUJ
10 w see if youi recognize it.oo:
11 A Yes, sir.
And what is that a picture of?
Our kitchen.
Your kitchen at 1904 Maple?
Yes, sir.
And is that the counter top that was in the kitchen?
Yes, sir.
I show you another picture identified as State's
19 f Exhibit No. 4 which is a close appears to be a close up ofi ■
20 u that same counter top. Do you recognize it?>•
21 A Yes,. sir.
12 UJQDO
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14 O Q
15UJ
16 o QUJ
" SAD
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18 " Q
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Q And do you see anything in the backboard of the
counter top, there?
A
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A Yes, sir.
Q . What is that?
A It looks like a bullet hole.
Q All right, now was there such a bullet hole or not in
5 2 that counter top before the shooting took place?H . .X
6 -A Not that I know of.
O
7 ;5Q And did you see that bullet hole after the shooting?(M
a *A Yes, sir.<
9 gQ I show you a photograph identified as State's Exhibit(U
o
W g 5 and X'11 ask you if you recognize that photograph?o
A Yes, sir.
12 Q And what is that door that appears in the photograph?D ■ 'O
13 H Where does it go to?3 ■O
14 ^ A It went to a bedroom that was fixed for my sister.• •
15 Q Your sister that testified here earlier?UJ
b
16 o A . Yes, Sir.tucc.
17 Q All right, and is that not in the kitchen?3
0
18 ^ A Yes, sir.• •
19 f Q I show you State's Exhibit 6, another photograph and1 ' ■w
g I'll ask you if you recognize it.o
21 ■] A Yes, sir.
22 Q And what is that?
23 A It's the front of our house.
sU)
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Q
A
Q
The front of your house at 1904 Maple?
Yes, sir.
And is the driveway is there a driveway in the
photograph?
."AXlU
to QNO
A
Q
Yes, sir.
Does that driveway lead up to your house?
Yes, sir.
I also show you Staters Exhibit No. 7, anothero
ophotograph and 1*11 ask you if you recognize it?e
SAodC
Yes, sir.
. Q What does that picture show?
It s a Kayo Sez^ice Station across the street fromUl
« A01
c our house.w
oo
^ Q Across Maple Street from your house?
^ AUl "»-(C
2 QUl ^oc
Yes, sir.
All right. Now, I'll ask you if all of these photo-
I graphs truly and accurately show what they purport to showo
..here?
t A2U)
r\O Q>• ^o-»
Yes, sir.
All right. I have nothing further.
Q
RE—CROSS EXAMINATIONi By Mr. Buffington
I want to refer your attention to this State's Exhibit
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7 which shows that Kayo Station over there. Does that stay
lit up pretty well all night?
A Yea, sir.
Q Is it open all night?
A No.
Q But these neon lights kind of veer off to one side or
the other ~ they're on all night?
A Yes, sir.
Q Pretty well lights your porch up there, then, does it?
A Yes, sir.
Q Now, this picture. State's Exhibit 5, which shows the
door leading to the kitchen on the right hand side back into
the room that was fixed for Beverly?
A Yes, sir.
Q This counter top along here where was the stove,
was it against the wall or facing — up against Beverly's
bedroom?
A Yes, sir.
Q All right. Now this counter top here where is shown
by State's Exhibit 4 and State's Exhibit 3, they show the
counter top towards the cabinet — and is this the stove?
A Yea, sir.
Q On the right and that stove would also be against the
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wall to Beverly's bedroom?
A Yes, sir,
Q Where was the sink? Looking at this picture. State's
Exhibit 3, and seeing the stove on the right or Just a slight
^ portion of it and this counter top «» was the sink against theUJ
g wall to your left?
No. It was straight back across the room facing that
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counter.
Facing this counter on the other side of the room?
Yes, sir.
The sink would be facing it. Would it then be some-
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5 what here to the «•=" well, you see this small portion «=•o
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Yes, sir.
^ AUJHK
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on
I believe you said that was the stove* ^
No. • .
Huh?
That's a cabinet.
That's a sink back over here where my thumb would be?
Yes, sir.
And the stove it was up against the wall to
Beverly's room?
0
A Yes, sir. ,
Q -Now this State's Exhibit 2 shows the picture looking
Q
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I from the living room, does It not?
A
Q
A
Yes, it does.
Back towards the kitchen and through the dining room.
Yes, sir.
Now where in proximity here, this picture doesn't show
« i>t, but where would this sola that you were on bo?
It would be against the wall on the other side of
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On my left?
Yes, sir.
On the left when you're looking through the dining
5 room into the kitchen?o
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Q
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Yes, sir.
All right. Now that's the sofa that you were on.
Yes, sir.
All right. Now who is this standing here?
It's me•
That's you? Is that where you were standing when you*
19 Xt say Mr. Reeves came through there and went out?
S A No.>
o21 .
Q Where were you standing?
22
23
A
Q
When he left I was in the living room.
You were in the living room?
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A Uh-huh.
Q All right. Is this the porch that's shown by State's
Exhibit 6 that ya'll were seated on?
A Yes, sir.
BUFFINGTON: V/ith this description thatlU
N she has Just given I have no objections to
w any of these photographs, two through
8< seven, I believe.o
9 cg THE COURT: The State has not tendered them
10 wg yet but we «=«q:
11MR. ENGELHART: Your Honor, we have not
3 established who made the photographs yet and
13 f§ I will tender them after I do that.o
J4 o
BUFFINGTON: I have no more questions.
g Q (By Mr• Buff ington) You did say that these pictures
16 oa adequately represent what you would see with the naked eye?■ a: ■
" |A Yes, sir.O x
jg O
,Q Okay.
19 ? ■. - MR. ENGELHART: You may come down.
U)
20 uo THE COURT: Any further questions of thiso '
21
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witness?0
MR. BUFFINGTON: Yes, I think Mr. Engelhart
has opened the door for the question I wanted
< • •
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to ask a few minutes aj^o when he asked what
her mother was known by.
MR. ENGELIIART: I am going to ask for the
Jury to be retired, if it please the Court.
TBE COURT: All right. Take the Jury back
out.
(WHEREUPON THE JURY LEFT THE COURTROOM)
MR, BUFFINGTON: Your Honor, please, I
think by virtue of the fact that he pro
pounded this question in the method that he
did, asking her v/hat she was known as,
affords me the opportunity to find out what
she was known as before these four years.
MR, ENGEIjHAHT; Now that would be highly
Irrelevant and immaterial to any issue in
this case, if it please the Court, \7hat
she may have been known by four or five
years ago would have no probative value on
whether or not Gary Reeves, in fact, shot
and killed the deceased in an act of murder,
THE COURT: What relevance would it 'have?
IfR. BUFFINGTON: I take the position that I
did not object to his asking that question
59
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because I don't see that there was any
relevancy there because the burden is on the
State to establish by a preponderance ofI
the evidence what she was supposedly known
as at the time she was killed. Now he has
left me in a position v/here now on cross-
examination of this witness I'd like to
know whether or not she was, in fact, known
«« and I got a right to go into this point.
THE CX7T'iiT: ' In fact, known *=■«*
BUFFINGTON; (Interposing) With
respect to whether or not she was really
Irnown as Grace Reeves.
THE COURT: You can cross-examine her as to
whether she was known differently from Grace
Reeves at this time,
FIR. BUFFINGTON: All right.
TIIF. COURT: Now I don * t know whether you
can go into four or five years previous to
that, I don't know if that would be relevant
MR, BUFFINGTON: Well, he went into ^four
years prior to the alleged offense. If
he'd restricted his question purely and
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simply as to what she was known as at the
time of the alleged offense, I don't think
he would have opened the barn door like
he did.
MR. ENGELHART: The barn door is not open,
if it please the Court.
THE COURT: I think he said he went into it
before this?
MR. BUFFINGTON: Yes.
THE COURT: How?
MR. BUFFINGTON: Her testimony he asked
her how many years prior to this incident
was she known as Grace Reeves. That was
not relevant, either but I didn't object
to it.
MB. ENGELHART: That's right. And if he
didn't object to it, he has got no right to
complain now.
MR. BUFFINGTON: I ain't complaining, now.
I'm just saying he opened the doors.
THE COURT: What was the answer? I'm
sorry I don't remember.
MR. BUFFINGTON: The answer was that she was
4
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I known'as Grace Reeves for three or four
years prior to the incident.
MR, ENG33LHART; V/ell, I challenge that
answer. She said four years.
J4R. BUFPINGTON: For four years, then,
THE COURT: 1*11 allov/ you to go into if
^ she was known by any other name than Grace \
® ̂ Reeves for the past four years previous to /3 g that, but not beyond that.
10 ^ MR. BUFPINGTON: All right, sir.o<r
11 ^ the COURT: Bring the jury back in. Is
12 D} there any other question to be taken upo
13 H out of the presence of the Jury?D •
14 8 MR. BUFFINGTON: No, sir.
13 THE COURT: All right. Bring the Jury in.lU
16 o You will be restricted to that period ofQ.Ul(C
17 H time.D
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18 ^ (\VHEREUPON T^ JURY RETURNED TO THF' COURT-
19 I ROOM)i
20 ' u Q (By Mr. Buffington) Now 1*11 ask you if your mother, Grace,o>
21 "» was not- also known «■*
22
23
MR, ENGELHART: Now that's not the question
the Court said he could ™
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JOYCE SMITH • COURT REPORTER • COURTHOUSE
• ROME GEORGIA • 234-02S1 EXT. 15
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to
MR. BUPFINGTON: I»m going: to restrict it
to the four years,
THE COURT: Now I'll allow you to ask if
she was known by any other name,j j
ilR, BUPPINGTON: Yes, sir.
(By Mr. Buffington) Was she not, in fact,
MR. ENGELHART; I'm going to object to was
she not, in fact, ««
MR, BUFFINGTON: She's under cross-examina
tion, Mr. Engelhart.
ENGELHART: Now the Court has instructed
him as to what he can ask, and he is trying
to change it,
COURT: I said I would restrict hira to
the four year period. Now I will allow you
to ask her if she was known by any other
name.
MR. BUFFINGTON: All right, sir.
THE COURT: During that four year period
of time,
(By Mr, Buffington) During the period of four years prior
your mother's demise was she not, in fact, known as ~
MR. EKGEUIART: I'm going to object. Your
64
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Q
Honor,-because he is not asking the question
O Court said he would permit him to ask.
What he is trying to do is put an answer in
her mouth.
THE COURT: Well, he does have her on
cross examination.
MR. BUFFINGTON: She's under cross examina-
tion.
THE COURT: But it's not cross examination
as to what's already been testified. I'll
ask the witness, "Was your mother known by
any other name than the name of Grace
Reeves in the last four years previous to
her death?"
THE WXTJIESS: Hot that I know of,
THE COURT: Ma'am?
THE WITNESS: Not that I know of.
THE COURT: Not that you know of. Now you
can go ahead. I'll allow you to go ahead
and ask the question you v/ere about to ask,
MR. BUFFTNGTON: All right, sir.
THE COURT: Within that four year period.
(By Mr. Bufflngton) The question that I was propounding to
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the witness was if she ,was not during this four year period
of time known as Mrs. Doyle Wade.
A ' Not that I know of
Q
A
.
You don * t know Doyle Wade?'
Yes, I know him.
MR. BUFPINGTON: That Is all.
THE COURT: Anything further?
MR. ENGELHART: No, sir.
THE COURT: Step down, young lady, and go
back outside.
WHEREUPON, KENNEra KINES, a witness called by and on behalf
of the State, after having first been duly sworn, testified,
as follows:
KUKQC
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Q
A
DIRECT EXAMINATION: By Mr. Engelhart
O You are Mr. Kenneth Kines?
That's correct.
Q
A
Q
ilr. Klnes, where are you employed?
City Police Department•
And were you so employed back on the 13th day of
August, 1974?
A That's correct.
I'll ask you whether or not you had occasion to go to
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an address at 1904 Maple* Street =« or Maple Road here In this
county back on that date?
A Yes, sir, I did.
Q And with whom did you go if you went with anyone?
^ r A I was with Officer Larry Treglown.I*X
® Q And why did you go to this address?(MO
^ w A We received a radio call that there was that there
8 • had been a shooting at that address.<
9 g Q And when you did you go there?Ill
o
10 w A i * Did we go there?o.
11 Q Yes*
12 jj A Yes, sir.o
13 H Q CJ llow long did it take you after you received that call3
14 o to get there?
IS ^ A Couple or three minutes at the longest.U1H
10 o Q And do you recall about what time of day or night ittuq:
17 H was that you went to this address?3o
18 " A Yes, sir. It was around 2:00 o'clock in the morning.
19 f Q And when you got to the address, let me ask you what,
20 2 If anything, you observed when you first got there.
A When we first arrived at that address, the first thing
X saw was two girls standing out in front of the house.
Q All right. And what did you do when you walked up andc
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saw the two girls standing there?
A I walked up —. we — the girls were crying and we
j questioned the girls as to what they were crying about what
was going on.
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Q
Did you ascertain who those two girls were?
Yes, sir.
IThether they lived there or not?
Yes, sir.
All right. Who were they?
^Beverly and Charlotte Reynolds.
And when you saw them out there on the front porch
1 AcD
m and saw them crying then what happened?
Well, as I say, we questioned them as to what they
owere crying about ~ what was going on and the youngest girl,
Beverly, she said that ««
BDTFINGTON: I object to what she said.
He can testify to what he did, because that0
^ would be hearsay.
1 TliE COURT: It would be hearsay,s
gQ (By Mr. Engelhart) Well, without going into what she said>
?to you, did you act on what she ̂ ald?
A Yes, sir.
Q Did you do something based on what she said to you?
A
Q
A
Yes, sir.
What did you do?
I went into the house and into the kitchen «*«' through
in<Mo
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the house into the kitchen and there was a woman lying on the
5 ̂ floorCh a pool of blood. I checked the woman, checked herX
6 pulse, noticed some wounds and all.
All right. Then what did you do?
® ̂ Well, by this time the other officers had arrived on<
9 I the scene after «=• I was there until the ambulance peopleUJ
O
iO W got there and then we «» my partner Treglown and I left ando
Ij went to Park Street, I believe. Park Avenue, down around
12 UJ DeSoto Park.inDO
13 f Q Officer Klnes, I show you State's Ekhibit 6, a photo-
14 o graph, and I'll ask you to look at it.and see if you recognize
15 it. '• •
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A Yes, sir.
17
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J-<cQ And what is that?
18
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ou A That^'s the address
19 X Treglown and myself went to that nightiQ • At 1904 Maple?20 UJ
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Correct. ^
\ '
^ All right, sir. Now I'll show you what's been identi
fied as State's Exhibit 2, another photograph, and I'll ask you
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to look at that and see if you recognize it•
^ sir. That's the dining room area going into the
kitchen ~ the door in the background, that's going into the
kitchen.
Q And is the kitchen visible"through that door in the
background?
A Yes, sir.
Q All right, sir. Now I show you another photograph
identified as State's Exhibit 1. I'll ask you to look at this
photograph and see if you recognize it.
A Yes, sir.
Q What does that photograph show?
A It shows a lady lying on the floor in a pool of blood.
Q And I'll ask you whether or not that photograph was\
made inside this house at 1904 Maple?
A Yes, sir.
Q And is that ««« does that photograph or not ™
MR. BUEFINGTON: Unless he made it he
doesn't know whether ho made that
MR. ENGELHART: I think he does. I'll get
to that'later on to connect it up.. <-
Q (By Mr. Engelhart) Does that photograph accurately and
correctly portray the lady on the floor as you have testified
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to »« as you saw her when you walked into the kitchen?
A Yes, sir.
Q All right• And did you make an examination of that
body?
A Yes, sir.
Q And did you find or not any bullet wounds in the body?
A Yes, sir.
Q I ask you if you recall how many bullet wounds there
were?
A ' There were four that I saw.
Q I show you State's Exhibit 8 and I'll ask you to look
at that photograph and see if you recognize what that photo
graph shows?
A Yes, sir. This photograph, it doee?, show four bullet
boles.
Q And can you point out " testify as to where those
four bullet holes are?
A One is in the left side of the neck, one is approxi
mately right there, another is ««
Q You say approximately right there, would you describe
where it is so that the court reporter can take it down?
A To the upper and to the right of the right bre^ast.
Q All right.
71
A Tho third is through the bra into the right breast;
the fourth is in the stomach area on the right side*
Q All right. And 1*11 show you a photograph identified
as State's Exhibit No. . 9 and 1*11 ask you to look at that
5 12 photograph and see if you recognize it.X
6 " A Yes, sir.tnCMo
7 Q And is it or not Just a close up of the head andCM
8 • chest area of the deceased lying there on tho floor?<
9 g A Yes, it is.U1
13
10 w Q And does it or not show the three bullet wounds inc
11 the upper portion of the body; that is, in tho neck and above
12 aj the breast and on through the brassiere?U)D
0
13 ^ A Yes, sir.oc
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14 8 MR, ENGELKART; Just one moment. Your Honor.
15 Q (By Mr. Engelhart) You went over, you said, to 17 ParkUJH
16 o Boad after you examined the body there at 1904 Maple?Q.
Ui
17 H A Yes, sir.a .
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18 " Q All right, sir. What was your reason for going to
19 I 17 Park Road?H
1
A We were we went there to look for Gary Reeves,
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Q And when you got there was he, in fact, at this
address?
A Yes, sir.
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Q And did you recover anything thqre at 17 Park Road?
^ I didn't personally,
Q Well; was anything turned over to you?
A To mo?
5 i2 Q Ves.
6 !! A No, sir.U)(MO
' S "R- EKGELHART: You may ask him.N
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CROSS EXAMINATION: 3y Mr. nuffington
10 ^ ̂ Officer Klnes, were you the first officer to arriveo
21 at the scene that entered the house and went back to the
12 Ul kitchen, or do you recall?(AD
O , Y13 H ^ with Officer Treglown we were the first
tcD . •
14 8 officers on the scene. I was the first officer Into the kltch-' ;
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16 o All rl^jht, sir. And when you went Into the kitchen0.Ul
17 ^ was the kitchen light on?c
18 o A Yes, sir.
19 jc ^ All right. When you found **"■ I believe you did sayi
20 2 found Mr. Reeves over on Park Street or Park Avenue?o>
21 A Yes, sir.
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Q Where was he in that house; was he in bed or in the
living roora or what?
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A I can't say exactly where he was; I was there when he
was arrested. I was on the ontsid© of the house; the other-
offleers were inside the house.
Q Did you go in?
A No, sir.
MR. BUFFINGTON: All right. That is all.
MR. ENGELIiART: That is all, Your Honor.
THE COURT: You may step down. Officer.
WHEREUPON, BENNY SMITH, a witness called by and on behalf of
the State, after having first been duly sworn, testified as
follows:
DIRECT EXAMINATION: By Mr. Engelhart
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Q You are Sergeant Benny Smith with the Floyd County
1t20)
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Police Department?
A Yes, sir, I am.
Q * Mr. Smith, were you working and on duty back on the
13th day of August of 1974?
A Yes, sir, I was.
Q Do you or not know the Defendant in this case, Gary
Reev^^^, when you see him?0
A Yes, sir, I do.
Q' 1*11 ask you whether or not you had an occasion to
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make an Investigation into the death of Grace Reeves?
A Yes, sir. I was «« I. did some work on the case, yes,
sir.
Q All right, sir. Did you or not go to 1904 Maple on
that night?
A Yes, sir. I went over there later on in the
earlier in the morning after Mr. Reeves had been picked up.
Q ̂ All right. Now did you have anjrthing to do with
picking up Mr. Reeves?
A Yes, sir, I did.
Q And where did you go to pick him up?
A Over on Park Road.
Q On Park Road?y ■ 1
A Yes, sir. It*s the road that runs between Cave Spring
Road which is 20 53 South and Blacks Bluff Road.
Q And who else went over^ there with you?
A Officer Steve Whatley, patrolman for.the County.'
Q And where is he today?
A He's in a school in Atlanta,' I believe, today.
Q All right. Now when you got over to this address' at
17 Park Road, whose home was that, if you know?• . ' V. ' t *
A This was the Reeves* home, l/believe.
Q Where Gary Reeves- lived' or where someone else in the
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Reeves "«■
A No, this was where Gary was living, I think, at the
time or staying »» his mother and iather lived there, I know,
I' m not sure where he was
Q His mother and father? Ail right. Did you recover
anything when you went over to arrest him?
A Yes, sir, I did.
Q What was it?
A I recovered a .38 caliber Smith and Wesson, Model 10
Revolver and a .45 caliber Colt, imitation sub-machine gun.
It*s not a machine gun, it's Just an imitation model.
Q And where did you get these items?
13 ^ A The .38 caliber revolver was laying on the kitchen
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\ ■table of the home in a holster with one box of ammunition and
the ,45 caliber weapon was in the trunk of Mr. Reeves' auto
mobile *
Q
A
Q
All right. And did you or not arrest Mr. Reeves?
Yes, sir, I did.
And did you turn him over to anybody?
A Yes, sir. We transported him to the City Police
Department and turned him over to Mr. Barnette.
Q About what time of the morning was it, if you recall,
that you got your call, radio call, to make this investigation?
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A It WR« approxlmataly 2:14, 2:20, somewhere in that —
Q And what tine was It when you arrested Mr. Reeves?-
A It WHN Mpproxiroately 2:28 or 2:30, in that area.
Q This 17 Park Road, that's in Floyd County, is it not?
6 5 A Yes, sir, it Is.
E o " '• ' 1 A"«I 1004 Mapla Is in Floyd County, is it not?9? j * V»s, sir, it in.
8 ' ''U f'H whathpr or not you know the deceased "s
9 I during her lifetime?Ul
010 w A Nothing more than Just I knew her by eight. I111 ^ knew her name and I know where she worked. That's all I knew
12 ui about her.
013 I Q Whore did she work?U 3 A Tlinrw WHS 9 tavsrn over on the Old Furnace Road there
e
15 ^ that she worked at. And that * s the only place I knew heru
15 g from, was there*
17 ^ Q And could you tell us where on the Old Furnace Road it8
15 u was located?
19 f A It's lociitod directly across from the cattle bam
20 uj that's located on the Furnace Road.0>•
21 ^ ̂ All right. And what was her name, if you knew It?
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A I wouldn't know* I didn't know her name personally*
except Just being Reeves*
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Q
A
You knew it was,Reeves?
Yes, sir.
And that's all you knew her by?
That's all I knew her by.
MR. ENGELHART: You may ask him,
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CROSS EXAMINATION: By Mr. Buffington
Q Did you ascertain whether or not this .38 Smith and
Wesson had been fired?
A No, sir. I the weapon looked ?1kp ^
just freshly cleaned. It was full of oil. It didn't look to
have been just fired, no, sir. (
Q ' - All right, sir. If that one didn't look like it'd
been fired this artificial, is that what you called it?
A Well, It's a^real .45 caliber weapon but it's not —
it's a .46 caliber sub-machine gun replica. It's not a fully
automatic weapon; it's just a semi-automatic weapon, which
fully automatic weapons are illegal unless they're registered.
Q All right, sir. Now were you the first one into the
Reeves residence on Park?
A Yes, sir. I was in the first number of people that
entered the residence, yes, sir. ,
Q I believe you said that you and Mr. Whatley were
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probably the first two?
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him?
A
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A
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A
Q
Yes, sir.
Do you recall where Mr. Reeves was when you first saw
Yes, sir, I do.
All right. State for this Jury where he was.
He was In the bedroom, laying in the bed.
Was he asleep?
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No, sir.
Was Mr. and Mrs. Reeves, his mother and father, were
they there, too?
A Yes, sir, they were present.
Q Was Mrs. Reeves, his mother, was she in bed or was:
she up?
A She wasn't up when we entered the house or I didn't
see her up. She came out of another room adjoining the room
that we were in*.
Q So you would Just have to assume that she was In bed
if she came out of the bedroom?
A Yes, sir. I didn't see her In bed, I Just ■■■ she came
from another room.
Q Did you find any other weapons other than thes6 two
that you've described?
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A No, sir, I did not.
JiR. BUFFINGTON: That is .all.
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RE-DIRECT EXAMINATION: By Mr. Engelhart
Q When you saw Mr. Reeves lying there on the bed, I'll
ask you whether or not he was fully clothed in street clothes
or was he dressed for bed in his underwear and shorts or
ciaybe his pajamas?
A He was inside the bed with a sheet pulled up to his
neck and had his his full body was under the sheet and
we entered the room and asked him to get up. When he got out
of the bed he was fully clothed.
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Q All right, sir. Did you get close to him?
A. Yes, sir.
Q Did you have an opportunity in being close to him to
observe whether or not he had any odor of alcohol about him?
A I recall I recall a smell alcohol smell to him,
yes, sir.
Q And was he coherent when you talked to him or was
he staggering drunk?
A No, sir. He didn't appear to be staggering drunk.
No, sir.
Q Was he able to communicate with you and talk to you?
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A I really didn't ask him any questions, sir. , I turned
him over to Mr. Barnette. We Just escorted him to the City
Police Department.o
Q And did not ask him any questions?
A No, sir.
Q lie was able to get in and out of the car, or was he?
A We helped him into the car. As far as Just putting
him in there, he was he was sort of «« he acted sort of
groggy, but yet he didn't act like he was drunk. Ke really
didn't act like a drunk person but yet his movements were
slow.
All right.
MR. ENGELHART: I don't have any other
questions.
MR. BUFFINGTON: I have nothing further.
THE COURT: Step down, Officer,
MR. ENGELHART: Your Honor, may we excuse
Mr. Smith to go back to work?
MR. BUFFINGTON: Let me ask him one more
question and I think we could excuse him.
THE COURT: All right. Come back to the
stand.
1 RE-CROSS EXAMINATION: By Mr. Buffingtonft
2 Q Who did you turn this .38 Smith and Wesson over to,
3 Sergeant?
4 A Officer Treglown was in the house was behind me
5 j2 when I went in and we were immediately looking for Mr. ReevesHK
6 ̂ and I asked Mr, Treglown when we went into the house, wouldto(MO
7 ̂ he take that .38, pick it up, and then it was turned over tofi
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8 • Mr. Barnette later.<
9 c Q To the Chief Detective?oUl
10 uj A Yes, sir.2O
11 Q Did you observe «« you said that the .38 Smith and
12 UJ Wesson was clean and did not appear to have been shot. Was
O13 I it fully loaded?
oc
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14 8 A Yes, sir, it was loaded.
ISDCUJ
Q Thank you, sir.
jg g MR. BUFFINGTON: He may bo excused. Judge.
It is in the discretion of the Court. I
mean, I don*t care,
jg ^ THE COURT: All right, any further questions
MR. ENGELHART: No, sir.
aUJfC
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22 WHEREUPON, JOHN BARNETTE, a witness called by and on ^behalf of
23 the State, after having first been duly 6worn, testified as
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follows:
DIRECT EXAMINATION: By Mr. En^elhart
Q You're Mr. John Barnette, Superintendent of Detectivesr
for the City of the Rome Police Department?
A Yes, I am.
Q And, Mr. Barnette, how long have you been Superinten
dent of Detectives?
%
A About fifteen years.
Q And how long have you been a police officer?
A Twenty-two.
Q Let me ask you whether or not you know the defendant
in this case, Gary Reeves, when you see him?
A '' Yes, I do.
Q And is that Gary Reeves seated over at the table with
his counsel, Mr. Buffington?
A Yes, it is.
MR. ENGEIiRART: Let the record show that
this witness identified the defendant.
Q (By Mr. Engelhart) Let me direct your attention back to
the 13th day of August, 1974. and I'll ask you whether or not
you had an occasion to make an investigation into a homicide
out at 1904 Maple here in this county?
A Yes, I did..
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there.
Q
observe?
And did you go out to 1904 Maple?
Yes, I did;
Do you recall about what time you got there?
It was about a quarter till three A.M. when I got out
All right. When you got there what did you first
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A I was met by the Ma^or who showed me into ̂ the houseand when I went into the
Q When you said the Major who are you referring to?A Major Cleveland.
Q All right.
A I went into the house and went through to the kitchen
and .X observed a body of a female lying in the kitchen floor.
Q I show you what-s been identified as State's Exhibit
1, a photograph, I'll ask you to look at that photograph and
see if you recognize it.
A Yes, I do.
Q And what is that?
A It is the body of Grace Reeves,
Q And is that the way you saw her when you first went
into the kitchen that morning?
A Yes, sir.
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Q All right. Now after you observed this body on the
floor there in the kitchen, then what happened?
A I went through my investigation as to the premises
and photographed the kitchen area.
Q Did you make the photographs that havo been testified
to here today. State's Exhibit 1 through State's Exhibit 9?
A Yes, I did.
Q And do these photographs correctly and accurately
portray what they purport to show?
A Yes, they do.
Q All right. After you made the photographs, I'll ask
you whether or not you did anything else.
A - While I was there I noticed that a bullet had struck
the back of the counter, and in this counter Just stuck into
the wood was a bullet.
Q And is that the bullet hole that is shown in the
photograph, State's Exhibit 3 and 4?
A Yes, it is.
Q And that bullet hole is in the back splash on the
formica top of the cabinet?
MR. BUEEINGTON: He is leading his v/itness.I
He's testifying «-
THE COURT: Don't lead your witness. I
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susta'in the objection.
Q (By Mr. Engelhart) All right. V/ill you tell the jury
where that bullet hole is located tlicre in the photograph.
A It Is located in the back of the kitchen in the back
splash on the counter.
Q And is that «« do you recall whether that back splash
was wood or whether it was some other material?
A No, this is a one piece formica topping.
Q Now when you saw that bullet sticking in this back
splash/ what did you do about thjat bullet?
A I removed the bullet and kept the bullet.
And has it been in your possession since that time? .
Yes, sir.
And under your custody and control?
Yes, sir.
And where did you keep it?
1 have kept it in the case file, which has been locked
Q
A
Q
A
Q
A
up
Q
A
Q
OAll right. Do you have that bullet with you?
Yes, sir.
\
1*11 ask you whether or not you recovered any other
bullets out there in the course of your investigation?
A Yes, I did. I recovered two more bullets.
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Q ' And where did, you recover the other tv;o bullets?
A When the body was being removed,. one of the bullets
was in a portion of the clothing in blood. The other bullet
was stuck in the floor covering,
Q All right.
A Under the body,
Q Let me show you another photograph, Staters Exhibit
10, another photograph, Mr. rfiarnette, and 1*11 ask you to look
at it and see if you recognize it.
A Yes, I do,
Q All right. Will you tell us what it is =•« what it
shows?
A This is a photograph of the floor which shows a
3X5 card that I laid in the floor to mark a place that I
could see to find where I picked the bullet up, or picked the
bullO out of the floor covering.
Q All right. Now can you testify as to where you
picked that bullet up?
A Yes, sir.
Q And where was that?
A It was in right in this portion of the design in/
the floor covering. '
Q And you're pointing to an area Just to the bottom of
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the 3X5 card?
A Almost to the center and bottom of.the 3X5 card.
Q All right. And do you have that bullet?
A Yes, sir.
Q Do you have the bullet that you testified that fell
out of the clothing? Mr. Barnette, I show you State's Exhibit
No. 11, and can you tell us ■=« that is a spent bullet? Can
you te^l us where that one came from?
A This is the bullet that came out of the back splash
on the counter.
Q All right. I show you now State's Exhibit No. 12
which is another spent bullet and I'll ask you can you tell us
where that bullet came from?
A This is the bullet that came out of the floor
covering.
Q All right. And I show you another spent bullet.
State's Exhibit 13. Can you tell us v/here that one came from?
A ' This one came out of the clothing under the body.
Q Now did you or not have an occasion to see Officer
Kines and Treglown during the course of your investigation?
A Yes, I did. /
Q And what, if anything, did you receive from Treglown
and Kines in the way of evidence?
. . 88
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A I received two guns when I got back to the station
from Officer Treglown and Sergeant Benny Smith; one, a .38
caliber pistol and the other, a Commando IJ-2 .45 caliber rifle
or machine gun./
Q All right. And did you make any inspection of this
.38 caliber pistol?
A Yes, I did.
Q And what did you find when you looked at it?
A I found the gun to be perfectly clean and it did not
11
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ypear to have been fired recently.^
Q And how soon after the shooting did you receive this^ 1—n.mi,,,
.38 pistol?
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A This was about 3:50 A.M.
Q Around 10 minutes till 4:00? Did you talk with the
defendant?
A
Q
A
Yes, I did.
Did you give him his miranda warnings?
Yes, sir.
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Q Before you gave him his miranda warnings and before
you or anybody else present did or said anything to get him
to talk, did you or anybody else present offer him the
slightest hope of reward or the remotest fear of injur;^?
A No, sir.
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Q And tho miranda warniners are the ones that you have
on a card and have a printed form for?
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Q
A
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Q
jOn a sheet of paper.
On a sheet of paper?
^ Yes, sir.
And did he not sign that sheet of paper for you?
Yes, he did.
Did he tell you that he understood those warnings?
Yes, sir.
13
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All right. Now were you satisfied that he did
understand the purpose of the miranda warnings and the signing
of the sheet of paper waiving his rights?
A I am sure he did.
IS
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you?
A
Q
All right, sir. After that, did he say anything to
He asked that he call his lawyer.
All right.
MR. ENGELHART: You may ask him.
19 I -t '2 .
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CROSS EXAMINATION: By Mr. Buffington
- You referred to somebody named Major a few minutes
ago. Who are you referring to? '
A I am referring to Major Cleveland of the Rome Police
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Department.
Q
he?
now Captain Paul Poleton was there, too, wasn't
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A Yes, sir.
Q I'm afraid. I kind of got a little bit lost on these
bullets. Wore those bullets that you recovered actually.
In fact, .33 Smith and Wesson bullets?V
A In my opinion, they are.
Q They look similar In size?
A Yes, sir.
Q And you say you found one of them In the clothing and
one of them In the floor where you've Indicated there and one
In that splash board.
A Yes, sir.
Q And these were the only three that you recovered?
A Yes, sir.
Q Did you look and search pretty well to see If you
could find another one?
A Yes, I did.
Q
A
Q
A
And you did not?
No, slr^. ,-
Do you have this waiver that was signed with ,you?
Yes, sir.
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Q May I see It, please?u
A (V^ltness complies.)
Q And you say that when you arrived out on Maple Street
it was approximately 2:45?
A Yes, sir»
Q Well, did you go right on into the kitchen then?
A Yes, I did,
Q All right, sir. Now you took all these pictures?
A Yes, sir.
Q All that the State is purportedly going to introduce
into evidence?
A Yes, sir.
Q Some nine of them. I don't know whether he asked you
or not, but what does what is shown in these pictures, do
they adequately represent what could be seen by the naked eye?
A Yes, sir.
Q Looking at this picture here does this appear to be
I'm looking at State's Exhibit No. 9, is that a bullet hole
there (indicating)?
A This is the bullet hole right here almost directly\
under the ear. 'f
Q Now there's one more in the right breast, is there?
A There's two. One here and one through the bra
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(indicating).
Q Now that would make one, two, three and this one
would make four. And the one in the splash board would make
five. You didn't find any more?
A There were four bullet holes in the body. Now the
bullets that I found in the floor or splash board, they could
have traveled through the body.
Q All right, sir. Now did you get there before or
after the coroner did?
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Q
A
The coroner and I arrived at just about the same time.
Now is your office set up to do ballistics?
No, sir.
Q And you have to send those to the State Crime Lab if
you desire any ballistic reports be made?
A Yes, sir.
Q So you're not telling us that these bullets, in fact,
came out of the .38 Smith and Wesson that was turned over to
you?
A
Q
A
Q
A
No, slr^ I did not say that. ̂
I say you're not telling us that?
No, sir.
What caliber of pistol is this M-2?
It is a .45 caliber.
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Q And a .45 is bigger than these bullets that you
recovered?
A Yes, sir.
Q Well, do you recall whether or not this so-called
machine gun was clean or not, too?
A jrt it was clean. It was Just not as shiny as this
,38 caliber pistol because the machine gun Just don't clean
up like the pistol did. But it was clean and oily.
Q All right, sir. You've had a great deal of exper
ience with regard to weapons. How long would it take you to
clean a .38 Smith and Wesson and put it in the condition of the
one that was turned over to you?
A
Q
Thirty to forty-five minutes.
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All right, sir. And then you'd really have to know
what you were doing to do it that fast, wouldn't you?
A Yes, you would.
Q An amateur like me it might take substantially
longer, mightn't it?
A Well, I don't know how long it would take you.
Q All right, sir. Now do you have the means available
\to you to «■■■ I believe you had custody of Mr. Reeves by at
least 3:60, did you not?
A If my memory is correct, when I came through the
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station going to the scene, Mr, Reeves, they had brought him
in, and I went on to the scene and came back and the first
contact that I really had with him was about 3:50 A.M.
Q Y7ell, is your office here »= do they have the facili
ties to run a paraffin test?
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We run paraffin test, but not at our office..H^mi " '"■■■IMP ni^—
Well, how about for the enlightenment of the jury,
it takes a while after you have fired a weapon, particularly
a hand gun if you fired it, it takes a good while to get those
powders out of there so they will not show up in a paraffin
test, does it not?
A You have to wash your hands.
And really wash them.
Yes, sir.
But you say no paraffin test was taken?
No, sir.
Q Well, X asked you this question and I*m sure you
answered it, but when you arrived., out there in that kitchen
the lights were on?
A Yes, sir.
Q The kitchen and the rest of the house, too.
A Sir?
Q The kitchen and the remainder of the house, also, was
95
pretty well lit up?
A Yes, sir.c
Q What did you do with this .38 pistol?
A I still have it.
5 w Q You still have it?I-
0 A Yes, sir.10N
7 ° Q From an identification standpoint have you checked it
0 . out to ascertain who the owner is?<
q ̂ A I have not.otu
JO 12 Q there any search made out on Maple Street with
11
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so
the view in mind of finding another pistol?
jg I Q Was another one found?
,4 8 A No, sir.
15acill
ilR. BUFFINGTON: I think that's all, sir.
jg X THE COURT: Any further questions by theoaUJ
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state?
8 MR. ENGELHART; Your Honor, may I have Just
one second.
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MR. BUFFINGTON: l.et me ask him one other
question.
Q (By Mr. Buffington) .38's come in varying sizes, 'do they
not? Some people carry comparatively small ones, a light
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r
weight in other words. •
A Yes,
Q Some people carry one that is substantially heavier,
more metal?
A Yes, sir.
Is this a rather large one that you have possession
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8 This is what you would call a medium size «« a four-
9 c inch barrel." O
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10 lu Q A four-inch barrel. But they do make a .38 Smith5O
and Wesson with a tv/o-inch barrel, don't they?11
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14 8 have in your possession.
Yes, sir.
And they're comparatively lighter than the one you
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They're smaller, yes, sir.
MR. BUFFINGTON; That's all.
MR. ENGELHART: I have no other questions.
Your Honor.
THE COURT: Step down, Mr. Barnette.
MR, ENGELHART: Your Honor, could we have
a break at this time?
THE COURT: All right, we'll take a' ten
minute recess at this time. Take the Jury
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to the jury room.
(RECESS)
WH. ENGELIIART: If it please the Court, the
Court excused Mr. Kenneth Kines, one of the
witnesses to kq back to his duties as a
police officer just at the beginning of the
recess. The Court wanted to put it on the
record.
THE COURT: Yes, I wanted the record to show
that the Court did excuse him by agreement
of Counsel.
MR. ENGELHART: All right.
MR. BUFFINGTON: Yes, sir.
jS ^ WHEREDPON. DR. CRAIG A.BOSS, a witness called by and on behalf16 gof the btate, after having first been duly sworn, testified as
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direct examination: By Mr. Engelhart
You're Dr. Cralg A. Boss?
Yes, sir.
And you are a licensed medical doctor licensed to
practice in the State of Georgia?
A Yes, sir.
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Q Dr. Boss» do yon or not have a specialty?
A Yes, I do, sir.
Q And what is j'our specialty?
A Pathology.
5 12 Q And where do you practice?HX
6 - A I practice with Dr. Farrelland Sennett, Coosa Valleyu>
o
7 ji Pathologists Professional Corporation in Rome.(M
8 * Q And do you not have a laboratory and office over at<
9 a the Floyd Hospital also?Ill
o
10 uj A Yes, we do.2 ■O
11 Q And 1*11 ask you whether or not you are a licensed
12 u medical examiner for the State of Georgia?D
13 I A Yes, I am.tc■D
14 8 Q Doctor, will you give us some of your background and
15 training?cUJ
16 g MR. BUFFINGTON: Your Konor, please, wecuUl
17 ^ don*t dispute Dr. Boss* medical qualifica-K
18 o tions. \/
19 X MR, ENGELHART: I v/ould like, if it please2
20 12 the Court, for the record to reflect theu>■o
21 doctor's qualifications.
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THE COURT; Very well, go ahead. '
Well, I graduated from the University of North
■ r 99...:/
Carolina, pre-med in 1965.• I went to Tulane Medical School
iron 1965 till 1969. That's in New Orloansi Louisiana. I
completed that and did an internship and followed that with
four years pathology training at Riverside Hospital in
5 J2 Newport News, Virginia. I completed that in Juno, 1974, andHX
6 ̂ have been in the practice «« full time practice of pathologyOJo
7 since that time with Dr. Farrell and Sennett.M
8 • Q<
9 g Atu
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10 ^ Qoa
11 pathology? What does that entail?
Here in Rome? ^
That is correct.
Doctor, will you tell us what is the practice of
It's changed over the last ten years. It used to be12 uj A3
O
13 H strict L_icroscopical diagnosis of tissue removed after surgery.3O
14 It has evolved into a clinical and an anatomical field. The#
15 ^ clinical aspect is laboratory diagnosis, blood chemistry,Ui
16 o urinalysis and the like. The anatomical aspects of it includeUJcc
17 K abnormal psychology examination; pap smear, for examnle,3 - »0
18 ^ diagnosis with microscopic slides of anatomical pathology;
19 I tumors predominantly, but also inflammatory conditions. And1tn
20 w it also includes in my field a certain amount of medical legal>-
o
21 "^work of the sort we are engaged with today.
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9
Q All right, sir. Now I'll ask you whether or not you
had an occasion back on August the 13th or 14th of this year to
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1 j[ examine the body of one'Grace Reeves?
2 i A Yes. It was August the 13th according to my records,
3 ! 1974, and this was done In the morgue of Floyd County Hospital
In Rome, at approximately 2:30 In the morning. I did examine
5 « the body of Grace Reeves at that time.
X w
6 H! Q All right. And what did your examination reveal,inOJ
7 ̂ Doctor?nCM
8 • A Multiple gunshot wounds to the head and to the abdomen<
9 a and to the thorax.ou
10 w Q All right, sir. And did you or not make any examlna-o
11 tion to determine whether there were entrance wounds as well as
12 uj exit wounds to the body?U)
D
13 p A Yes, sir, I did.(C
D
14 8 Q And how many entrance wounds did you find as you
15 recall?crlU
16 g A As I recall it was a little bit confusing, becausea
UJ
17 ^ there was a wound in the hand in one hand. X don't knowIt
D
10 o how it got there. I don't wish to speculate on that. There
,Q 3. was an entrance wound in the head. As I recall it was in thet 's
" left area of the Jaw. There was an entrance wound in the20
21
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° abdomen. There was an entrance wound in the I believe it
was the right thorax. Yes, sir. That's correct; it was the
right thorax.
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Q 1*11 show you a» photof^raph identified as State's
Exhib^ No. 1, and I'll ask you to look at this photograph
and see. if that appears to be the sun:e body that you examined
at Eloyd.
w A Yes, it does.
8 - Q All right, sir. And I'll also show you State'sU)
o
7 Exhibit 8 and State's Exhibit 9, two additional photographs,OJ
Q . and I'll ask you if they would be the same person «« the body<
g ̂ that was examined at the morgue?liJ
O
10 lu Yes, sir, this is the same person.2O
11 Q All right, sir. Now would you step down, if you will.
12 uj point out to the Jury the entrance wounds that you saw.U)
D
13 f ̂ These entrance wounds correspond. In these photo-cr
D
]^4 8 graphs these entrance wounds =«=*
15 MR. DUEFINGTON! Your Honor, these heoc
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's
not introduced those into evidence yet.
MR, ENGELHART: All right. I'll tender
them at this time, if it please the Court.K-
THE COURT: All right, sir. You'll have to
tender them before you show them.
MR. ENGELHART: Yes, sir. If I may, in
order to «« if you will go back to tlie
stand Just a minute. Doctor.. 1 would like
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to tender State's Exhibits 1 through 10 at
this tiino, Your Honor, all the photographs.
THE COURT: Do you have any objections?
Do you wish to cross examine him? I thought
there were certain ones you said you had
objections to earlier.
MR. BUPFINGTON: The Exhibit No. 1 is the
one I had an objection to, because this
one here. State's Exhibit 1, because there
was a discrepancy with the witnesses, as
to what she was wearing. That was my main
objection to It. Now the rest of them I
don't believe I have any objections to.
MR, ENGELHART: Well, Your Honor, there was
one witness who testified that this photo
graph this blue gown that she had on,
was in fact what the woman had on when she
was shot. And I agree with my brother that
there was another witness who testified that
she had on something else.
THE COURT: Yes, sir. I'm going to admit it;
and, of course, the jury will remember the
testimony and any conflict in there. One
103
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1 witnes's testified that was the appearance of
2 her as she was, I believe, lying there on
3 the floor, I believe, v/as the statement.
4 And 1*11 allow it in based on that.
5 w MR. BUFFINGTON: And another one ««
6 " TKE COURT: (Interposing) There was someU1N
7 4 conflict in testimony or what appeared toO A«M
8 • be a conflict- The Jury will, of course,< .
9 S remember that. And I understand there areo
10 w ' no other objections to ««2 - - ■"O
11 MR. BUFFINGTON: None to the rest of them,
12 u THE COURT: 1 through 10, other than to
13
14 8 MR. BUFFINGTON: Was it 9 or was it 10?
15 ' MR. ENGELIIART: 10.ocUi
Ig a THE COURT: All right. Let them be admittedILUI
^ . subject to the statements the Court hasIt3
Ig 8 already said as to No. 1.
19 I Q (Sy Mr, Engelhart) Doctor, you may come down with yourt '2
20 " photographs and show them to the Jury,o
8 A All three photographs,, sir, or Just these two?
10
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Q All three of them.
A The entrance wound which I recall most clearly was
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located beneath the, or in the left Jaw. This type of awound will produce, or can produce a skull fracture withbleeding from the ear or from the nose. I don't think you cansee where it's bleeding from here, but one side or the other,since the blood runs in that direction. The second wound,which I recall as I mentioned was in the right abdomen. Thiswould be this wound right here (indicating). A third wound,which, I suppose, can be seen best here also, is a wound inthe right thorax and it enters Just medial, or slightly to theleft of the right breast .here (indicating). These are thewounds as I recall them and they do correspond in these photographs to what I seen.
Q All right. If you will go back to the witness stand.Doctor, did you or not also find exit wounds on the back of thebody?
A Yes, I did,
Q And do you recall how many of those you found?A No, I don't. There were three or four. The reasonbeing, that as a bullet enters the body it does not necessarilyfollow a straight line, and it does not necessarily stay intact. It is very difficult to predict the sight of exit of an
entrance wound, where the bullet will actually come out,depending on where or what organs or what bones it hits in
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transit. There were no more than four exit wounds. As I
recall there were three. There was one very small one which
probably represented a fragment of a bullet.
Q Now, Doctor, in your opinion, based upon your exper
ience as a pathologist and as a medical examiner, were any of
these wounds that you have described, these bullet wounds,
sufficient to cause death in a person?
A Yes. Any one of these, potentially, could have
caused deathUi
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ocUJ»-flC
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j-ccDoo
Q And so would it be your testimony then that any one
of them or all four of them could have caused it?
A Yes. I don*t think it would be possible to say which
one was the most damaging. Any one of them could have been,
I
depending on which arterial structures were damaged.
Q Now you did not do an autopsy on this body, did you?
A No. An autopsy was not necessary. The bullets wore
present; they were turned over to the Rome Police Department.
The only indication for an autopsy in this case would be to
retrieve the bullets so that they might be matched up with any
potential weapons in the investigation. But the bullets were
present.
MR. ENGEIHART: All right, sir. You may
ask him.
106
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TIDE COURT: Cross examine by the defense*
MR, BUFFI2\GT0N: How many bullets do we
have introduced Into evidence yet?
MR. FNGEIJTART: None yet.
Ii!R, DUFFINGTON: Well, tlfey. are going: to be
7 s CROSS EXAMINATION: By Mr. Bufflneton
8 • Q Doctor, you say that it appeared to you that an<
9 a autopsy was not necessary, because the bullets had penetratedUi
O
10 lu the body?so
11 ^ That is the v/ay it has been explained to me, sir, yes.
12 Q I believe this is what you told me back on DecemberDO
13 jE "th© 4th, when I talked to you.tr.
D
14 o A I do recall saying something to that effect, yes, sir.
IS Q Now I believe I asked you at that time what time youDClU-
le o that body at Floyd Hospital,aUI
17 H A You may have; I don't recall.DC
3
18 ^ Q Well, do you recall what time it was?*
19 I A Yes. It was early in the morning, approximately 2:30i
20 w morning as I recall. I was sleeping at the time; ando>-
21 n on the record of the medical examiner here, the time of death,
22
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in any case, is indicated at 2:00 A.M. And it would have been
after that, therefore, between 2:30 and 3:00,
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Q Between 2:30 and 3:00?
A I believe,
Q Bo you recall at that time I also asked you if you
could give us any accurate estimate as to the time of death?
A Yes, I can.
Q And what is it?
A It would be less than the amount of time necessary for
riBormortis or etiffeninEr of the muscles to occur, because to
the best of my recollection —» and X do recall the body was
quite limp and flexile at the time; therefore rigormortis
it would have occurred ~ the time of death would have been
within a variable length of time, but no greater than four to
six hours.
IS
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Q
A
Q
Four to six hours?
No greater than four to six hours.
No greater.
A It was still warm, also. The body was still warm, so
would indicate that it was a recent event.
Q Somewhere around «« anywhere from two to four hours?
A I would say no greater than two hours on the basis of
the warmth of the body.
MR, BUFFIKGTON; All right. Thank you.
MR, ENGELHARTj May the Doctor be excused.
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Your. Eonor?
THE COURT: Yes, I think so. Any objec
tions to the Doctor being: excused?
MR. BUFFIKGTON: No, sir.
THE COURT: Doctor, you may be excused.
MR. ENGELHART: Your Honor, while Mr. Talley
is coming to the stand, I would like to
tender into evidence also at this time
State's Exhibits 11, 12 and 13.
THE COURT: Any objections?
MR. BUFFINGTON: Those are the bullets?
MR. ENGELHART: Yes, sir.
MR. BUFFINGTON: No objections.
THE COURT: Let them be admitted. No
objections.
WHEREUPON, MR. FRED TALLEY, a witness called by and on behalf
of the State, after having first been duly sworn, testjfied
as follows:
Q
A
Q
DIRECT EXAMINATION: By Mr. Engolhart
You are Mr. Fred Talley?
That is correct, sir, '
Mr. Talley, you are the Coroner of Floyd County?
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A That Is correct,
Q Let me direct your attention back to the 13th day ofAugust of 1074, and I'll ask you whether or not you had an
occasion to go out to 1904 on Maple Road In response to a
shooting: incident?
A That is correct, sir, I did.
Q I'll ask you whether or not when you got there =- I'llask you what. If anything, you saw as you came Into the placeand after you got in.
A Won, when I arrived at the scone oomowhoro near 3:30~ I can't be exact about the time ~ In the morning, the cityand county police were already at the scene. And upon my
entrance Into the residence there at 1904 Maple Street or
Maple Road, I examined the body of a thlrty-soven year old
white female which was later told to me as being Mrs. Grace
J^eeves^ This subject had suffered multiple gunshot wounds to
the body, head, thorax and the abdomen area. And, of course,as soon as my examination of the body was completed, I then
had the body removed to the morgue at Floyd Hospital whore I
called Dr. Cralg Boss In who Is a medical examiner to do a
B.A., or a blood alcohol, and to complete the examination of
the body*
Q Let me ask you, Mr. Talley, when you examined the
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body was there any life In it, or was it dead?
A It appeared to rae that there was ho sign of life
whatsoever,
Q . I'll show you a photograph that has been identified
to be State's Exhibit No. 1 and I'll ask you to look at it
and see if you recognize it.
MR. BUFFINGTON: Just so long as he doesn't
display it to the Jury.
THE COURT: Sir.
MR, BUPFINGTON: I say I don't mind hira
showing it to Mr. Talley, just as long as
he doesn't display it to the Jury.
MR. ENGELRAKT: It's been:introduced intof
evidence, if it please the Court.
MR. BUFFINGTON: I objected to it and the
Court took it under advisement.
THE COURT: No, sir. I said I admitted it
with the explanation the Jury would
remember there was some conflict between
testimony of two different witnesses about •
it. I admitted it subject to that explana
tion for what it may be worth.^
Q (By Mr. Engelhart) Do you recognize this picture?
Ill
did examine.
And I'll ask you .vhether or not this photOorap, . fTW 8is to where
accurately and correctly Portrays .hat you, • . or her body .as lying. .hon you gotMrs. Reeves .as lying, or her o
Into the kitchen? i„ this particular photograph hereA NO. it's possible in this p
has been moved just to ge.. a bettthat the body maybe has been, ot it I ̂ no. we positioned the body in t.o orpt„o=r„l. ox It. . pho.o,xopO ox "•
l»r.. aifforoot ..elo. " ■""" ' ;Q
A
Q
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Alter you got there?Mtor I sot tboxo, ttofs cortoot.
, . ™ .ho» yoo stoto's Mlblt 8 tH-OCDOO
OCUJt-DCO0.Uio:H(T3OO
stn
Uio>o
oo„ «11 riBOt. BO" lot »o .to. So K.Olt 8 "tlcb •" ptotoBtopb..estate's Exhibit 9, wnxv^i*
,, ,0P, - If you tooognlto tho.o photoBttp •^ Yes, sir. That's also nneexamine there. photographs
Hullet wounds in theseQ And do you see the bulierthat you testified to?A Yes. sir. They're pretty much the samof my kncledge. .
MR, ENGEUIAHT; All r C •
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CROSS EXAMINATION: By Mr. Duffington
Q Mr. Talley, you fill out the death certificate in
these type of cases, do you not?
A Yes, sir. A death certificate is =« within thirty
days or less is filled out and filed.
Q V7ell, do you have a copy of the death certificate
that you filled out with you?
A No, sir. I do not keep a copy of the death certifi
cate. The only records I show is a copy of my coroner's
report. .
Q All right. V/ould your coroner's report show who the
informant was that gave you the pertinent details with regard
to filling out your death certificate?
MR. ENGELHART: Now, Your Honor, please,
that's too broad a question. If he wants
to know an informant who gave some particu
lar bit of information in that report, I
don't object to it.
THE COURT: All right.
MR. ENGELHART: But he asked a question that
encompasses.too many answers,
MR, BUFFINGTON: I'll rephrase it.'
THE COURT: All right, rephrase it.
113
a,
■Q (By Mr. Buffington) ^yho was the inlorraant that gave youthe Information that aided and assisted you in filling outyour death certificate?
A The information that I received was, of course, from5 2 Ely own examination at the scene and from the police report.
XHI ^6 ̂ Q ^nd no individual gave you any information?
^ ̂ ^ sir.^ Because the only ones that were there at8 • the scene that night to the best of my memory now let mo9 g think back. Let me think Just a minute. Now a daughter =■»
10 u it was either a daughter or a sister to Mrs. Grace Reeves I0
11 ^ did talk to that night, because she was there at the scene.12 g And in talking with her I got the information from her to the
13 J point of what funeral director to release the body to afterJ4 o. examination had been completed. And it's possible that I
15 ^ could have gotten her « well, I did get her name «« her
16 p <^orrect name, ago and address from «« it was either a daughter17 ® or a_.slster. I'm not sure at this point.
18 ^ ^ does this information that you obtained does
19 I it also name the parents and mothers and so forth?1
20 'H, ^ To the best of my knowledge it does not. It's>
possible that she could have told me something in regard to
Mrs. Reeves' mother or father, but I just don't remember.
MR, BUPFINGTON; All right. Thank you.
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I have no other questions.
IIR. ENGEIilART: May this-witness be
excused, Your Honor?
THE COURT; All ri|;ht. I think so. Any
objection to this witness being excused?
MR. BUPFINGTON: No, sir,
THE COURT: All right, sir. Mr. Talley,
you may be excused.
MR. ENGELIIART: Your Honor, we at this time
tender into evidence a copy of Malt Beverage
Application filed with the Floyd County
authorities, a certificate attached to it
signed by John M. McKelvey, the Clerk of
the Board of Commissioners. And we tender
it for the purpose of showing that Grace
Reeves made the application for the business
known as the Stokes Cafe and Tavern, And
this application was dated «« well, it was
considered by the approved on May the
21st; the license was issued on May the
22nd, 1974, and we tender it for the
purpose of establishing the name of the
deceased.
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MR..BUFFINGTON: I don't object to it going
into evidence for what*it may be worth, but
I do object to it going into evidence to
establish any name.
THE COURT: I'll allow it in for whatever
it may be worth. Let it be admitted. All
right.
MR. ENGELHART: Your Honor, the State rests.
V/UEREUPON, GARY REEVES, defendant, after having first been
duly sworn, testified as follows:
DIRECT EXAMINATION: By Mr, Buffington
Q Will you state your name for the Court and Jiiry,
pleaifie?
A Gary Reeves.
Row old are you, Mr. Reeves?Q
A
Q
A
Q
A
Q
A
Twenty-seven.
Are you married?
No, sir.
Have you ever been married?
Not legally, no, sir.
To whom were you married?
I was living with Grace Wade.
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Q
A
Q
Grace Wade, Did you marry her?
No, sir.
Is this the Grace Wade that we are talking about in
this hearing?
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Q
A
years
Q
Yes, sir. '
How long did you live with her not being carried?
Ofi and on for five years, I guess. Pour or five
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Well, to whom were you married prior to that, time?
.MR. ENGELHART: That's irrelevant and
immaterial to any issue in this case, if
it please the Court, and I object to it.
THE COURT: What is the relevance, Mr. »■=
MR. BUFFINGTON: I'll withdraw it.
Q (By Mr. Buffington) Now you heard the testimony of BeverlyReynolds, and also Charlotte Reynolds?
A
Q
19 I
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Yes, sir.
Were they your daughters by =«
MR, ENGELHAET! If it please the Court, he
his witness and I *m going to
object to it.
THE COURT: Don't lead your witness.
Q (By Mr. Buffington) What's their relationship to you, if
117
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any?
• • • • ̂
^ -^VT. They were my «« Grace's daugrhters, my step-daughters,
I guess, ,
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Q
A
Q
Did you have a son with Grace?
Yes, sir.
Is that the young fellow that we heard referred to
here as Sean?
A
Q
A
Sean?
Sean. Where is Sean now?
My mother and father have custody of him at this time
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I had custody of him before this happened. I still do.
Q You still do?
A Yes. They're taking care of him for me.
Q Now did you own any interest in this beer joint that
we referred to over on the Furnace Road?
A Yeah. I had money in it.
Q Weil, who actually owned it?
A Grace.
19 I
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Q All right, sir. Were you over there on the night
that these witnesses testified to about?
A I didn't understand.
Q Were you over there on the night these witnesses have
testified to about?
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A
i Q
A
Q
At the tavern?
Yes, sir.
Yeah.
All right. Had you been there for a very long
^period of time that day?XUJ
mA Sometime since early that morning.✓
Uh-huh. Did you help run the place so to speak?
A I did run it.
SQ
o
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All right. On this particular evening, who else was
2 over there?oa;
. A At the tavern?
Yes.
liy ea Graco come in sometime that day. «I don*t know
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^exactly what time her and Beverly and Charlotte and Richard
cHolcombe and Bobby Salmon.
Well, did Bobby Salmon did he show up later?
He was in there, yeah, in the afternoon sometime.
Q What time did you all close up?
Usually closed around 12:00 or 12:30; I don't exactly
gremember the exact time. It was, I guess, around 12:00.
Q Well, now on this particular day when you were all0
over there In the tavern, had you been drinking some?
" fe A3
O
18 ^
K AsV)
(b I had drank some, not a lot.
119
^ Q Did Grace drink some?
^ Yeah. We both I had left the tavern earlier and
^ come back and
^ Q (Interposing) "\7here did you leave the tavern to go?
5 ▼* went to Bill Kolbrook Pontiac place to see about a
XlU
^trade-in on a new car.O
Did you leave to go any place else before you went
® * home?<
o
^ oA To go any place before Iwwent home?
Yes,oIT
.A Well, after «- when I «« when Grace come to the
12 wtavern, I left and went to the Pontiac place and a few moreo
12 ^places and come back to the tavern,o
O
Q All right. After you had come back to the tavern, did
12 nryou leave to go any place else before you went home?UlH-
tfi* £A I don't remember leaving any place else.
aQ V/ell, who kept your little boy while you all wereo
18 running this tavern?
Mrs. Gravley on lived Just down the street from us,w
oQ Who picked this child up on that particular evening?20
21
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A I did.
Q Well, when you got back to the tavern after picking
this child up, who was there then?
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A I didn't go back to the tavern after I picked the
child up* We closed the tavern and then I picked the child up.
Q I see. Was Grace with you when you picked the child
up?
KXtu
sQNO
;^A
No, sir.
Did she have independent transportation?
She had her car and I had my car.
*Q V/ell, do you know what time you got to the residence<
(3gout on Maple Street?
No, sir.
Q Well, when you got out on Maple Street, what did you
^Aoc;
Sail do?
I don't remember everything that happened, II ■ I ■ ■ aiy
^remember picking up the boy at the nursery and I woke up down^^^at my mother and daddy's and all the police was there. And Tc
UJ
odidn't come back to myself again for another week before IUJa:
fe even it was like a nightmare the whole even in jailDOuwhen I woke up in Jail.
19
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JQ I didn't understand you. Did you say it was like aslA
wnightmare when you woke up in the Jail?>
o
A They woke ■■■■ they was reading a murder warrant off$
to me and it didn't seem real, you know. . I didn't really
believe it. It was a week or so before I come to myself. I
121
mean really realized what had happened. But I don't remember;
the last thing I remember is picking up the boy at the nursery.
I do not remember leaving the tavern. I do remember picking- — — a,
him up by myself and coming to at my mother and father's. And
rtho next time I come to I was in Jail. That whole day has
;;;been messed up for me. I remember sketches of the day; I'll
7 ̂put it that way.
8 • Q<
4 . / Do you remember signing this so-called waiver that
9 o^r. Barnette-^testified to?lU
0
10 w AoOC
11 Q
No, sir.
You are not denying signing it?
I'm not denying. I Just don't remember signing it.
13 HI remember being in Jail and trying to get them to take me toDC w. wO
14 "the hospital and they wouldn't take me. The deputy said it
15 „ would cost too much money to take me to the hospital.
12 j}{A3O
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16 o Qa ̂UJ
cc
0Are you telling this Jury you are innocent or guilty?
In
"ife A I'm telling this jury I don!t. know what happened.3 *O
18 ^ It's'Just I don't know. There's several years of problems here, r- J ■■
19 ?E that was caused from this. And to bring up my wife's character
20 wo- there's another person that's involved here, and he's my '
21 ° child'; and he's going to have to face all this one day.
22 Q Well, who is Grace ««■ who was Grace legally married
23 to while you were staying with her?
122
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MR, ENGELHART: If it please the Court, I'm
going to have to object- to this.
MR. BUFFINGTON; lie should know.
THE COURT: Well. I think that would call .
for a legal conclusion. I'll allow you to
ask him whether she was married to him or
n not •Hi
® Q (By Mr. Buffington) Was she married to you?<
3 oA Not legally.lij IO L
2 MR. ENGELHART: I'm going to object to thatoq:
^ question and that answer and ask that it be
12 ^ stricken, because it, too, is a conclusion.DO
12 H the COURT: It could possibly be a con-DO
1^ ^ elusion.
15 q,Q (By Mr. Buffington) Yes. Just state to us whether or notU)H
- DC
10 ©she was married to you.UJc
17 £ THE COURT: Just a monent. I'll sustainD
O
18 the objection as stated.• *
19 (By Mr. Buffington) Was she married to you?
20 ujA No, sir.
21 "'Q So you don't know what time this Richard Holcombo
22
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left to go home on this particular night?
A No.
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Q Now this pistol that Mr. Barnette testified to, the
one that he said was cleaned, that was yours, was it not?
A . Yes, sir.
Q Where was it?
5 When they got me?X
6 -Q Yes, sir.(MO
7 oA I don't know. They said it was on the table; I don't
8 know where it was.<
59 gQ Now they =»•=■ I believe the testimony was that they had
UlO
10 gone of . these M-2's or something. I never did quite get theoK
11 gist of that.
12 }j{A Commando 3. It's a rifle; it's not a machine gun.o
13 H Q That' s yours, too?o
14 "A Yes, sir.
15 Q And as far as you knov/ they are still in the hands ofUJ
16 o the "•«aUJq;
17 ^ A (Interposing) As far as I know,DO
18 " Q the Superintendent of Police. Do you have any
19 I other firearms?2
20 w A I have another .38 that I had loaned to a friend.
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Q V7ho did you loan it to?
A Richard Holcorabe.
Q Do you know where it is now?
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A I haven't seen it since I loaned it to him. That was
a small .38.
Q Do you remember actually arriving at your mother's
house this particular night?
-A I don't even remember which road I went to.
^ MR, ENGELIIART: That's a leading question,CMO
7 n if it please the Court, and I'm going to
® * object to it.<
o
9 g MR. BUFFINGTON: You can ask him,UJ
o
10 ^ THE COURT: All right, sir. Cross examine,oa:
11
12 Uj CROSS EXAMINATION: By Mr. EngelhartDO
13 hq All right. Now you remember working all day that day,D
O
1^ " don't you?
15 Q, A I remember being there part of the day.UJH
16 o Q And you remember leaving and going over to Holbrook'sUJ£C
1^ Pontiac place?D0
18 A I remember when Grace and Beverly got there, I left.
19 f Q And you went over to Holbrook's and then you went two1U)
20 lu or three other places, according to your testimony.
21 A I did.
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Q And then you came back to the restaurant?
A Bight.
125
Q
A
Q
A
s ,?«to(MO0
And you rememljer goinj? after the little boy?
Yes, sir.
And you remember getting home with the little boy?
No, sir.
And you don't remember anything else?\
I remember the police arresting me. . I couldn't make
7 ;^out their faces; I just remember it was a bunch of police,<\i I y
8 " I can't tell you who they were.
And they took you on down to the city jail?
Yes, sir.
And they gave you your miranda warnings, read that
<
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11 Q
12 jjwaiver of rights that Mr. Barnette talked to, and you signedo
13 nit, didn't you?a:
o
o
said so; I don't remember sighing it. I don't
15 remember,cUJ 1 f
16 o QalUq;
17 »- A(r
D
o
18 "Q•
19 I you?
You don't deny signing it?
I don't deny it. I just don't remember signing it.
And you don't deny shooting your wife either, do
<320 A
21 °Q
I don't deny it; I don't remember it.
22
23
And you just don't remember it. And then you got
over there in the Jail that was in the county jail where
they wouldn't let you go to the doctor, wasn't it?
126
A That's correct. Yes, sir,
Q And tha^ was two or three or four days, or sometimeafter the fact that you had been arrested for murdering yourWife?
in
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Yes," sir.
ENGELHART: It-don't have any other
questions. *
THE COURT: I'll aslc the witness does he
remember having a gun on that day?
THE WITNESS: Do I remember having a gun?
THE COURT: Yes, sir.
THE WITNESS: Yes, sir. I carried a gun at
all times. In the business I was in I had
to. My wife also did. We both did.
THE COURT: ?/hat kind of gun did you carry?
THE WlTIsTSSS: I carried a .38 with a four
inch barrel that I kept in the place of
business and in my car, because I carried
money quite often. And I had another small
.38 that I had been carrying, and I had
loaned it to Richard Kolcombe about a week
before this happened.
TffE COURT: You say you do or do not
•-I
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remember having it that day?/
TilE '7ITITESS: No, sir.* I didn't have that
gun that day. I hadn't had it in about a
week.
THE COURT: Vifell, do you recall or not
having any gun that day?
THE WITNESS: I had the .38 that was the
one they got off of me. I guess I had/.it;
when they arrested me they got it.
THE COURT: That wasn't what I asked you,I
sir. I said do you recall whether you had
it or not? i
T.HE WITNESS: I don't recall having, it,
no, sir. I don't remember having it with
me when they arrested me.
THE COURT: Do you recall having it when
you went after your little boy?
THE WITNESS: It was probably in the car.
I kept, like I say, I kept it in the busi
ness. I don't remember picking up the gun
and leaving the tavern. I don't even
remember leaving the tavern. I remember
picking up the little boy, but I don't
128
^ roiaenber having a gun on iijo when I picked
2 him up. I just remember plckinR him up and
3 going == the next thing I wolio up down at
Mor.j and Dad's. I don't even know which
way I went. My r.lnd was «=» had gone
had gone that day. I tried to explR.in this
7 to the officers later and to the doctors.fM
8 * Is it all rijght for rne to bring this up<
9 g about going down to the Central State?(li
19
10 w UR.H-TGELHAHT: Your Konor, that's notoOC
11 responsive to anything that has been asked
12 ^ him.3
O
13 f THB ̂ flTiTTSS: I*n sorry.a
D
14 ^ TITE COURT: Any further questions?
15 im. BUFFIKGTOi?; No, sir.KU1H
16 o THE COURT: All right. Step down, sir.Q.
IllCC
17 ^ Anything further from the defense?D
18 ^ MS. BUFFINGTON: No, sir. We revSt.
19 I KR. EKGELHART: The State closes.
i
20 12 "HIE COUHT: All right. Will Counselo>•
o
21 approach the bench a moment?
22 (INAUDIBIJ?: COIXOquy BETWEEN COURT AOT#
23 COU.NSKL)
129
1 Tllli COURT: Take tlie Jury back to tho Jtiry
t
2 rooia for about ten minutes.
3 (VJIIERinjPO:? Tl'IF. JURY I.KrT THK COURTROOM)
(yyfJSRKUPO:; THE JURY JUrrUR^JED TO TRE COURT-
S 2 ROOM)
THE COURT: All rifiht, Gent lemon. Are you
ready to proceed? Mr. Bufflnftton, I believe
8 • you have the opening and the concluding<
o ̂9 g arguments?
UJ
10 ^ MR. BUFFIKGTOh': I vaive the right to openotc.
11 and reserve the right to conclude.
12 {jj THE COURT: Very tcII, sir. Proceed,D
O
13 H Engelhart.(t
o
14 ° (ARGOMEOT BY COUKSBL)
tu
18 oQ.
UJ(T
17 »-(t
D0
,18 ^• *
19 I
1(0
20 UJo>-
o
21
22
23
130
14
15
18
ClfARGK OF niE COURT
Ladles and Gentlemon of the Jury, the Grand Jury of
this county in this Indictment chartre and accuse the Defendant
Gary Reeves vfith the offense of murder.
The material portions of the indictment are as
"follows: Georcia, Floyd County, in the Superior Coui't of said(O(MO
jCounty, the Grand Jurors, selected, chosen and sworn for the
County of Floyd, to~wlt: Daniel D, Primm, Sr., Foreman, and
ccthen you will note the other Jurors listed, in the name andoUJ
13
10 UJ behalf of the citizens of Geori^la, charc^e and accuse Gary Reeveszo
jj °^with the offense of felony for that the said Gary Reeves did oa
12 ujthe 13th day of August in the year of Our Lord Nineteen HundredwD
13 I and Seventy-four in the county aforesaid, unlawfully and with
omalice aforethought kill one Grace Reeves, a human being, by
m
shooting the said Grace Reeves with a certain pistol, contrary
16 oa.UJ
g to the lavrs of said State, the good order, peace and dignity0.UJ
^ thereof.
To the charge contained in this Indictment, the
ig 3-Defendant, through himself and through his attorney, Mr.i•"William Buffington, has entered his plea of not guilty. And
20
21
22
23
R that makes up and forms the issue which you are to settle and
determine by your verdict.f
I charge you, Ladies and Gentlemen, that the indlct-
131
ment, together with tjie p3.ea ox iiot guilty thereon, in not
evidence, but is merely the nanncr or way in which the charge is
brought into this Court for trial.
I chnrge you tha.t every person is presuned Innocent
5 "\intil proved guilty. }to person shall he convicted of a crimeXUJ
6 -unless each element of such crime is proved beyond a reasonable(MO
7 doubt •CM
® * I charge you that the Defendant enters upon this<
9 gtrial with the presumption of innocence in his favor, whichlU
ID
10 ^remains with him throughout the trial of the case and entitlesoK
11 ^ him to an acquittal unless the State overcomca this presumption
12 {jj by the introduction of evidence which convinces 3'ou of his3
o
13 Hguilt to a moral and reasonable certainty, and beyond a3
o
14 ^ reasonable doubt. Eeasonable doubt. Ladies and Gentlemen, is
15 ^ not an arbitrary or capricious, fanciful doubt, but la meantlUh-
16 o Just such doubt as would remain In the mind of a fair-minded,a.ui(C
17 ^ Impartial Juror, honestly seeking for the truth, after consider-3
0
18 " ing all the evidence In the case. So long as this doubt remains• "
19 I la your minds, it is your duty to give the Defendant the benefit1
20 UI of the doubt and acquit hlra. But if this doubt does no longero>-
o
21 exist, you ought to convict him.
22
23
You are the Judges of both the law and facts In
crlDiical cases. The law you take from the Court as given you
132.
in charge by the Court; the facts you tahe from the witnesses
who testify, and applyih?: the one to the other, it is your duty
to make a verdict that speaks the truth.
The law also cakes you the exclusive Judfres as to th
5 "the credibility of the witnesses; that is, the weig]?t andHXHi
6 -credit you will give to the teotlruony of each and every witness(VJO
7 ̂ that testifies. In passing unon their credibility vou may take
8 * Into consideration all the facts and circumstances of the case,<
o
9 gthe witnesses* manner of testifying; their Intelligence; theirUJ
o
10 w means and opportunity of knowing the facts to which they testi-ooc
11 fy; their bias or prejudice, if any exists; their relationship
12 ^ to the parties, if any; their interest or want of interest InD
O
13 H the result of the case; the probability or improbability of•D
O
14 their testimony, and also their personal credibility so far as
15 the same may legitimately appear from the trial of the case.lU
16 o If upon consideration of the evidence in the case,aLJa
17 H there should appear to be a conflict in the testlraony between
0
18 ^ the testimony of a witness or witnesses. It would become your• '
19 I duty to reconcile such conflict, if you can, so as to make all
1
20 UJ parties speak the truth without imputing perjury to any witness.o>
21 If, however, you cannot so reconcile it, then it would be your
22
23
duty to believe that witness or those witnesses whom you think
most entitled to credit and belief. '
133.
I charge you, Ladica and Gentlemen, that the deflni-
tlon of a crime In this State is: "A crime is a violation of a
statute of this State in which there shall he a union of Joint
operation of act, and intention, or criminal nef:li£:enco," And
5 -that's reading from Code Section 2C-G01.HXUi
6 - I charge you that tlie acts of a person of sound tninc(Mo
7 ̂5 and discretion are presumed to be the product of the person's(VJ
8 * will, but the presumption may be rebutted.<
19
9 g I charge you that a person of sound mind and discre-UJ
o
10 w tlon is presumed to intend the natural and probable consequence^oa.
11 of his acts, but the presumption may he rebutted.
12 {}{ A person will not be presumed to act with criminalD
O
13 H intention, but the trier of facts may find such intention upona.
D
14 ^ consideration of the words, conduct, demeanor, motive, and all
15 the other circumstances connected with the act for which thetc
tuH*
16 o accused Is prosecuted.a
lUa.
17 H I charge you that every person is presumed to be ofD
O
18 " sound mind and discretion, but the presumption may be rebutted.• *
19 I I charge you that direct evidence is that whichH
S
20 u Immediately points to the question at issue. Indirect oro>•
circumstantial evidence is that which only tends to establish21
22
23
the issue by proof of various facts, sustaining by their0
consistency the hypothesis claimed.
134...
To vvarrant a conviction on circumstantial evidence,
the proved facts shall not only be consistent with the
hypothesis of fjuilt, but shall exclude every other reasonable
hypothesis, save that of the ^uilt of the accused- It is not
5 2 necessary, however. In order to sustain a verdict of convictionXu
6 - that the evidence ex<'.l*a<le every possibility or every inferenceOJo
7 ̂ that may be drawn fron the proved facts, but only necessary toOJ
8 * exclude reasonable inferences and reasonable hypothec s-<
ID
8 § Testimony has been fjlven in this case by certainlU
o
10 w witnesses who have been described as experts. I charge you thaioa:
11 the opinion of exports, such as doctors, on questions of skill,
12 uj science, trade, or like questions are always admissible, and3
O
13 H such opinion may be given on the facts as proved by other wit-o
o
14 nesses or on their own observation. The weight to be given sucn
15 ^ evidence; that is, the opinion of experts on the facts as provenlUt-
16 o by other witnesses or from their own observations, is a matterQ. 'UlCC
17 ^ for determination by the jury, and the jury may accept It or3
o
18 ^ reject it, and then act upon its own judgment as applied to the
19 I evidence in the case. In other words. Ladies and Gentlemen, thei
20 til testimony of an expert, like that of any other witness. Is too>-
■» bo received by you and given such weight only as you think It21
22
23
Is properly entitled to receive. Yqu are not bound or conclud-r
ed by the opinion testimony of any witness, expert or otherwijse
135 t
The Defendnnt in this case is accupod and charjjed with
the offense of rcurdcr. In that connection I charfre you frora
Code Section 26-1101, subsection (a): "A person commits murder
when he unlawfully and with malice aforethoufrht, either express
5 13or implied, causes the death of another human bcincr. ExpressX
6 HJmalice is that deliberate intention unlawfully to take awayin(Mo
7 i^tho life of a fellow creature, which is manifested by external(M
8 •circumstances capable of proof. Ualice shall be implied where<
9 gno considerable provocation appears, and where all the circum-ai
O
10 ujstances of the killing show an abandoned and malignant heart.**o(t
11 Now, Ladies and Gentlemen, if you believe beyond a
12 ujreasonable doubt that the Defendant did in this County, at any3
O
13 ftime prior to the finding and return of this indictment intoc
0
14 8this Court by the Grand Jury, commit the offense charged in the#
15 way and manner alleged, you ought to convict him.ccUJj—
16 o believe that he did, or if you have a0.
UJ
17 Hreasonable doubt as to his guilt, it would be your duty to give3
10 o him the benefit of the doubt and acquit hita.• '
19 I In the event that you find the Defendant guilty, the .
1U)
20
21
22
23
^ form of your verdict would be: *'We, the Jury, find the Defen-u>-
3dant guilty."
If you. find the DefendP-nt not guilty the form of your
verdict would be: *'We, the Jury, find the Defendant not guilty.
136
1
2
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5
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7
8
g
10
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12
13
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18
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22
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When you have reached a unanituoua verdict, whatever it
Is, let it be ̂ xltten out on the back of the indictment in the
place provided for you where It says: "Wo, the Jury, find the
Defendant." t-et it be dated, signed by one of your number as
foreman and returned into open Court.
I will instruct you not to begin your deliberation
until the Indictment and the articles of evidence arc brought
out to you.
While you are deliberating, should you desire any
further instructions from the Court, lot your bailiff know
who Is just outside of the door to your jury room, and he will
inform the Court.
Follow your bailiff to the jury room.
(WHEREUPON THE JUHY IJ:Pr THE COUaTROOM)
. THE COURT: Are there any exceptions to
the charge as given or any additional
requests to charge? Any from the State?
UR. EKGEUIAiiT: Your Honor, I take excep
tion to the charge on circumstantial
evidence. I fail to remember as you wer<^
charging it where it was applicable, but
I take exception to it. Other than that
I have none.
137
1
TIIK CXDURT: Yec, sir.
2MR. BUFFIKGTO:-:: Kone.
3TilE COURT; Ko exceptions from the
defendant. All ripht, sir. TaJte an indict
5 H!-■ ment out, and the Defense Counsel and theUJ
6 ̂in<Mo
State's Attorney Ket together on your itenis
N of evidence going out./
< (TCRREUPON THE JURY RETGRhT].:-) TO THE COURT-
S ROOU)o
10 y2IT
11
TEE COURT; Ladies and Gentlenen, Ur.
22
23
Fosreraan, have you reached a verdict?
THE FOKEUAN: Yes, wo have. Your ITonor.12 ^* u>
DO
13 ^a the COURT: I^t the District Attorneyo
14 u Assistant receive the verdict and publish
" It.U| ♦H
Ifi ^2 UR. ENCiELRABT; the Jury, find theX
17 *-5 defendant guilty as charged, this 28th dayo
18 ^ of January, 1976, Bobby Walraven, Foreraan.'
t THE COURT: Hr. Buffington, would you lookin
20 tuo>-o
21
at the verdict and see If you have any
question as to the form .
IIR. nuiriNGTON: Your Eonor, plbase, I
would like to ask the Court to poll the
138
^ ' jury
^ THE COURT; Very well, Mr, Clerk, call the
^ naiues of the Jurors,
THE CliEUrC; Russell Pavtou,oTITE JUROR: Yes.
THE COURT: You have heard tlie verdict
read. "VTas that your verdict in the Jury
® ' room?<
9 O "niE JUROH: Yes, it was.UJ
O
s TfUS COURT: Was it freely and voluntarilyoq:
made?
12 IS TOK JUnOR: Yes, It was.o
1^ ^ THE COURT: Is this now your verdict?D
o
14 ^ THE JUROR: Yes, it is,
15 a: /X] CTJSRK: Joel D, Peoples.IS o Tins COURT: Mr, Peoples, was that your
UJa:
17 ^ verdict In the Jury room?D
O
18 ^ THE JUROR: Yes, sir.
19 f THE COURT: Was it freely and voluntarilysin
20 UJ Eiade?o>■
21 ° TKE JUROR: Yes, sir.22 THE COURT: Is it now your verdict?
23 THE JUROR: Yes. sir.
139
3
^ TIIE CLFJIK; Vou have heard the verdict
^ read; vas that your verdict in the Jury
room?
THE JUROH: Yes.
TOE COURT: Was it freely and voluntarily
made?
? THE JUROR: Yes.
THE COURT: Would you answer for the recorc
Is it now your verdict?
10 ^ THE JUROR; Yes, sir.o
11 , TliE CLERK: R. JU }lar\?ol3^_
12 J}{ TliE COURT: Hr. Harwell, was that yourD
O
12 H verdict in the Jury room?o
14 ^ tee JUROR: Yes.9
15 ^ the COURT: Was it freely and voliiatarilyUJ
16 o made?0.Ui(C
17 £ the JTIROR: Yes.D
o
18 " the COURT: Is it now your verdict?• *
19 I the JUROR: Yes.
20 u (^3^ CLERK: lira. Katbryn Pearce21 the COURT: llrs. Pearce, was that your
22 verdict In the Jury room? *
23 THE JUROR: Yes.
140
19 H2
I
22
23
1 Tini: COI'KT: Was it freely and voluntarily
2 Kade?
3 TliF. JUKOn: Yes, sir.
THE CX)UBT: Is it now your verdict?
THE JUROR: Yes, sir.
TOE CLERIv: Thomas E. Crawford.
7 Titr. COURT: Was that your verdict in theCM
8 * Jury room?<
9 I THE JUROR: Yes, sir.Ul
o
10 ^ TKS COURT: Was it freely and voluntarilyo
11 made?
12 ^ THE JUROR: Yes, sir.D
o
13 f TiIE COURT: Is it now your verdict?(C
D
14 8 the JUROR: Yes, sir.
15 ^ THE CLERK:. Bobby Walraven
16 g THE COURT: Mr. Walraven, you've heard thea.UJ
17 t- verdict read; was that your verdict InocD
O ̂18 ^ the jury roora?
THE JUROR; Yes.t
20 Z *niE COURT: Was it freely and voluntarilyu>
21 made?
THE JUROR: Yes.
TKS COURT: Is it now your verdict?
J
141 ; -
1
2
3
4
5
6
7
8
9
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11
12 ^* tf)
3O
13 foc
o
O
14 ^
0
15
16
17
18
19
20
21
22
23
THE'JUROR: Yes.
THE CLERK: Miss Deborah A. Shuler
THY COURT: Was that your verdict in the
J ury room?
THE JUROR: Yes, sir.
THE COURT: Was it freely and voluntarily
made?
THE JUROR: Yes, six*.
the COURT: Is it now your verdict?
TEH JUROR: Yes, sir.
the CI-ERK: Mrs. Martha Childers.
TIIB COURT: Rrs, Chilrtcrs. was that your
verdict in the Jury roou?
THE JUROR: Yes, sir.
THE COURT:
made?
THE JUROR:
TJrE cx>uirr:
Tins JUROR:
THE CLERK:
TliE COIHIT:
verdict in
THE JUROR:
Was it freely and voluntarily
Yes, sir.
Is it now your verdict?
Yes, sir.
James L. Helms.
Mr. Helms, was that your
the Jury room? ,
Yes, sir.
142
6 -
10
11
12inD
oXHCC
D
oo
13
14
15
16
17
18
19 X
sin
20 uju>-
o
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TJfIt: COUHT: VTas it freely and voluntarily
made?
THE JUROR: Yes, sir.
THE COURT: Is it now your verdict?
THE JUROR: Yes, sir.
THE CliKRE: George W. Latiroer.
TliE COURT: Mr. Latiraer, was that your
verdict in the Jury room?
TEE JUROR: Yes, sir,
TEE COUrwT: ^as it freely and voluntarily
raade?
THE JUROR: Yes, sir.
THE COURT: Is it now your verdict?
THE JUROR: Yes, sir.
THE CLERK: BenJajnin Pop ay.
THE COURT: Kr. Popay, was that your
verdict in the Juiry room?
THE JUROR: Yes, sir,
THE COURT: Was it freely and voluntarily
made?
THE JUROR: Yes, sir,
THE COURT: Is it now your verdict?
THS JUROR: Yes, sir.
143
1 THK CLEPjr: -Jow to be sure, have I skipped
2 anyone?
3 TilE CX)UIIT: Has everyone been called?
All right• Mr. Clerk, receive and. record
5 r this verdict and at this time, Mr. Salmon.}- ' 'XlU
6 - step up here a minute, !ir. Buffington.O
7 i (INAUr»IBLK COLI/DQUY DBT\7EBN COUItT A^TO
8 • CODNSKL)<
9 o TITK COURT: Ladles and Gentlemen of the111
o
10 ^ Jury, the District Attorney did not ask foroct
11 the death penalty in this ca^e; therefore,
12 u there is nothing for the Court to hear3
O
13 f insofar as evidence as to extenuation.o
o
14 ^ mitigation, or aggravation. And there is
15 ^ only one sentence, therefore, to be Im-UJh-
16 o posed and that is the sentence of lifeQ.
UJa
17 ^ imprisoDEtent. I, therefore, direct your3
0
18 ^ foreman that he will add to the verdict of• *
19 I the jury: "A.nd we set his sentence at1
20 u life iEDprisonmont"- Is that the form,o
21 SaliTion that you " Jnst a moment. All
22 right. Gentlemen and Mr. Foreman you see
23 the form where It says: "We, the .lury, set
144
^ tfto f'.eXcndant' 3 sentence atV» \7ill add
2 the words "life ixaprisonment**, and then
3 date it and the forema.a will af:ain sign
it- fe-r. Buffington, is-there any
question as to the procedure that vvo are
following?
im. nUFFINGTON: ?io, sir.
8 • the COUCT: There are some cases from the<
o -
9 g »=s I believe from the Supreme Court ox111
o
10 w Goergia which says when there is noo(£
11 alternative but that, the Court can
12 direct it. And, Mr. District Attorney,D
O
13 H will you oublish the verdict in its finalc
D
14 fona.
15 MR. SADWH: Your Honor, the verdict in itsctuK
16 o final fona is; "Yfe, the Jury, find thea.
lU
17 t defendant guilty as charged this 28th day3
o
18 of January, 1975, Bobby ̂ alraven. Foreman'*.• *
19 I "We, the Jury, set the defendant's sentence
at life irrtprisonraent, this 28th day of
January, 1075, Bobby Walraven, Foreman"•
22 THE COURT: Any questions as tO the form,
23 Mr. Buffington, for the record?
2U)
20 luo>■o
21
145
UE. 3ITFIisT'T0!T: Ko.
THE COZJRT: All ripht, sir, Mr. Clerk,
receive it and record it. And you, Ladies
and Gentlemen, may be excused until 9:30
In the mornlnf:, I will not complete the
sentence at this tine. I'm poinf* to com
plete it at 9:00 o'clock in the morning.
9:00 o'clock In the morning, I!r. Bufflngton
You all may be excused until 9:30 in the
10 5 morning.oq;
11 . (ifHEREUPON THE JXJIIY LEFT TITF COURTROOM)
12 S (M0R?a5?G SESSION)3
O
10 K TTIE C0I;RT: The Court is in session,
o
14 ^ Mr. Peeves, do you have anything to say *
15 ^ before I pa.ss sentence?tuH
16 P MR. REEVES: I would lil:e to Vnow if X willQ.(JJCC
17 t be able to appeal this case. Your Honor.3
O
18 " THE COUET: I will instruct your counsel
19 f Mr. Buffington, is this a hired case oritn
20 uj appointed?>-
21 MR. BUFFIi^GTOH: No, sir. Appointed.
22 THE COURT: I will instruct counsel that
23 Just a moment. I will instruct
146
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11
12 wU)D
01h-fC
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OO
13
U
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16
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Bufflagton to look Into the catter and
see if you have a basis for appeal. And
I will instr\4Ct hla to proceed if ho
detennlr4es that you have a basis as the
law requires for an appeal.
HR, REFVKS: There were some things, like
I wanted some witnesses, and I wasn't
tQ. —
THE COURT: Well, Mr. Buffington will look
into that feature of it, as the law .
requires and the appellate decisions have
required tlie attorney to review the case
and determine whether or not th^re is
sufficient grounds for an appeal. And X
so instruct Mr. Bufflagton, and let the
record so show. Do you have anything:
further you wish to say this morning?
MR. REEVES: Ko, sir.
*nrE COURT: Mr. Gary Reeves, tho Jury has
found you guilty of the offense of
murder of Grace Reeves; therefore, I will
sentence you for and during youj^ natural
life to laprisoniaent in the State prison
147.
s>'stens in the State of Georgia. The
formal sentence T?hich I now sign reads as
follows: "The State Vs. Gary Reeves:
Whereupon, it Is adjudged by the Court
5 " that the Defendant, Gary Reeves, beXlU
6 ̂ remanded to tho Comnon Jail of said County,
and there be safely b.ept until and Officer
shall be sent from the State Board of
Corrections, and then be delivered to
✓
whomsoever shall be so sent, and that said
Defendant be imprisoned at labor in the
State Penitentiary, or in such other
institution as the Director of Corrections
14 ^ may direct, for and during a determinate
15 term of imprisonment for the life ofKlUH-
16 o Defendant, to be computed according toa
UJ
17 H law. Signed and filed, this 29th day ofD
o
18 ^ January, 1975". Signed by rae as Judge of• *
19 I tho Rome Judicial Circuit. Mr, Clerk,
s
20 u will you take that,u>-
o
21
22
23
7p)(M
8 •
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o
9 oc
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10 UJ
So(C
11•
12 UJ
in3
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3
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148
STATE'S EXKI'PITS ADMITTKD IN'TO DVIDrNCE
STATE'S EXHIBIT NO, 1 STATE'S EXHIBIT NO
Photograph showing victim'sbo.<ly face-up on the floor.
(O
ESTATE'S EXHIBIT NT). 2
ui
oPhotograph showing dining7 narea and door in the back-
8
ground.
9 g^STATE'S EXHIBIT KG. 3
10 ^Photograph showing cabinetsgand counter top.
11
12 ESTATE'S EXHIBIT NO. 4D
O
13 ^Photograph showing counter^ top.o
14 ^
15 ^ STATE'S EXHIBIT NO. 5UJ 'H
16 o Photograph showing counter
g top and door.17 *-*' K
D
O
18 ^STATE'S EXHIBIT NO. 6
19 f Photograph showing whiteI frame house.U)
20 ui
21
22
23
. 7
Photograph showing JCayo Station.
STATE'S EXHIBIT ??0. S
Photograph Gho\ving victim
lying in the floor,
STATE'S EXHIBIT NO. 9
Photograph showing close-up oftb(=^ bead and chest area of the
victim lying on the floor.
STATE'S E>HIIBIT NO. 10
Photograph shov/ing floor withwhite card purportedly placedtlxere by officers.
STATE'S EXHIBIT NO. 11
Spent bullet.
STATE'S EXHIBIT NO. IS
Spent bullet.
STATE'S EXHIBIT NO. 13
Spent bullet.
149 - .