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Sexton, Judge No. The first degree murder convictions merged into a single conviction for which the trial court sentenced the Defendant to life in prison. The trial court then sentenced the Defendant to eight years for aggravated robbery to be served concurrently to his life sentence. Michael J. Flanagan at trialWilliam D.
Massey and Joseph A. McClusky caht appeal. Robert E. Cooper, Jr. Cherry, Senior Counsel; Dan M. Lucas was found by his wife, Rachel Lucas, sitting on the couch in his home office with two gun shot wounds to the chest. The Defendant was implicated in the murder, and subsequently indicted by the Humphreys County Grand Jury. Pretrial Motions. Prior to trial, the Defendant filed a motion to suppress evidence seized from the search cha his Nes Tacoma truck, asserting that the truck was illegally seized and searched prior to the issuance of a warrant and that the warrant obtained was faulty because it did not establish probable cause sufficient to justify the search.
It was some strong marijuana.
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There was no doubt in my mind that is was marijuana. When he looked in the window of the truck, he noticed a lot of clutter and saw a black gun case and a shotgun lying beside it. He stated that it he could clearly see inside the truck without sticking his head inside or using a flashlight. He discussed the situation with Sheriff Davis, and the two decided to secure the truck in the Waverly Police Department sally port, a secure garage area beside the police department.
He conceded that he made no effort contact a judge on Thanksgiving Day, the day of the arrest, to apply for a search warrant. He stated that he immediately recognized it as marijuana, and told Chief Daniel about the smell. He testified that they walked over to the truck and looked in the windows, which were down, and saw a shotgun and a gun case in the back seat area.
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He explained that he did not open the doors, but viewed the gun from outside of the truck. On cross-examination, Sheriff Davis also conceded that he did not attempt to contact a judge on the day of the arrest to secure a search warrant. He executed the search warrant later that day and seized a gauge shotgun, a black plastic gun case, binoculars, outdoor gear, clothing, paperwork and notes, and marijuana.
He also acknowledged that his affidavit for the search warrant did not include any reference to marijuana. He explained that Sheriff Davis asked him if the Defendant had any guns, to which Mr.
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Gregory stated that he did not smell marijuana coming from the truck, but he further acknowledged that he was not in a position to smell it had it been there. And I commented — after I think about it the more it smelled like somebody had been living in the truck, not pot. We know for a yn that Eddie Lucas is dead. We have at least probable cause, if not almost a sure thing, that the killer was Stuart Gregory.
He was identified.
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And, apparently, not only did law enforcement know it, was pretty sure about it, apparently half of New Johnsonville knew it and was pretty sure about it. We knew Mr. Lucas was killed nwe some type of weapon. They obviously had reason to believe that the [D]efendant might be armed.
They find the vehicle. They take [the Defendant] into custody.
And whether Sheriff Davis went into the vehicle or not is irrelevant. Not only did they have probable cause to search the vehicle, they had [exigent] circumstances. The testimony — they had double probable cause. They had probable cause to search for evidence of a crime, weapons, et cetera, and they had chqt cause because the sheriff and Chief Daniel both testified there was a strong odor of marijuana coming from the vehicle. The following proof was adduced at trial.
The couple began dating inand married in Lucas started his own construction company inand Mrs. Lucas became involved in the tm after the two married. Lucas built their home on River Oaks Drive, which they moved into in and lived in together ned the time of Mr. Lucas testified that she had known the Defendant for over thirty years.
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The two originally met when the Defendant dated one of her best friends in high school, Ann Reeves. The Defendant left New Johnsonville for a time, and Mrs. He told Mrs. He called Mrs. Lucas in October in an attempt to reconnect with Ann Reeves.
Lucas stated that Mr. The next encounter Mrs. Lucas had with the Defendant was November 26, in the early morning hours of Thanksgiving Day. Lucas had gone to bed early, as was his routine, while Mrs. Lucas decided to get ready for bed, and then she returned to look out the window to see if the Defendant was still outside. She testified: I was just curious and annoyed and so I bew down the hall and put just an eyeball, just my — like the side of my face just around the door facing to see if there was anybody on that side porch and then I saw him standing there.
I could see his profile and his tall self looking in the door. I clearly saw the outline of his face. Lucas explained johnsonvile she was annoyed but not afraid, and decided to go to bed without telling Mr. Lucas about the Defendant.
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Lucas woke up to begin his day around a. Lucas testified that she told Mr. It sounded like gunshots. I just ran as fast as I could into the closet and threw on a robe because — and then I slid on my shoes and then I went running through the door to the hall and I got to the side entry door and it was closed. So I opened the side entry door and straight in front of me through the clear glass oval window stood [the Defendant]. Lucas then called to report the shooting. The recording was played for the jury, and on the recording Mrs.
I think his name is Stuart Gregory. Lucas], but I got there just so quickly and there he was. Lucas admitted to having an affair with James Bratton from until her husband was murdered in She stated that Mr. Lucas was aware of the affair and that she never intended to leave Mr. On cross-examination, Mrs. Lucas conceded that both she and Mr.
Lucas had affairs during their marriage, but she rejected the notion that they had an open marriage.
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She also acknowledged that the Defendant had spent the night at the Lucas residence with permission on several occasions. He testified that Mr. He often saw Mr. Lucas while on his daily morning walks and the two would stop and talk. On Thanksgiving morningMr. Matney left for his daily walk at approximately a. When he walked past the Lucas residence, he noticed a truck in the driveway that he johnsknville not recognize. Moore testified that she was high school classmates with the Defendant, and lije she did not immediately recognize jonhsonville, he came into the Thompson One Stop on Thanksgiving morning at approximately a.
Lanier testified that she learned about the murder of Mr. Lucas about an hour after the man johnsovnille. He stated that the Defendant, an old high school classmate, came into the store that morning. He stated that while they were outside the Defendant retrieved a gun from his truck to show Mr. Gantlett testified that it was a Remington gauge pump shotgun. The Defendant handed the gun johndonville Mr. Gantlett returned the gun to the Defendant and the two talked for a little while longer.
The Defendant told Mr. Gantlett left shortly thereafter, about or A few nights later, the man returned and asked Ms. Reeves to do some more tattoo work for him. Sometime later, the man called Ms.
On Thanksgiving morningMrs.