[DOWNLOAD] "Gregory Acres v. State" by Court of Criminal Appeals of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Gregory Acres v. State
- Author : Court of Criminal Appeals of Alabama
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
PATTERSON, JUDGE The appellant, Gregory Acres, was indicted and convicted for the capital offense of murder of Elbert Lee Jackson, during a robbery in the first degree, or an attempt thereof, in violation of § 13A-5-40(a)(2), Code of Alabama 1975. After a sentencing hearing, the jury recommended, by a vote of seven to five, to sentence appellant to life imprisonment without possibility of parole. Thereafter, the trial court rejected the jury's advisory verdict and sentenced appellant to death. The prosecution's main witness was Tommy Floyd, who had already been convicted for the capital murder of Jackson, 1 and who testified to the following events. On April 28, 1982, appellant went to Floyd's house. He, Floyd, and Sammy Lee Felder, 2 who was already at Floyd's house, stayed at Floyd's house approximately forty-five minutes, where they were drinking a little gin and beer and wine and stuff. Thereafter, they left Floyd's house and met Franklin Ellis, and the four walked to Riverside. During the walk, they consumed a six-pack of beer. When they arrived at Riverside, Ellis left the other three, who then purchased a bottle of wine. After they consumed it, Ellis rejoined them, and they started back to Floyd's house. While walking, they talked about how much they wished for some money and how they did not have any. After dark, they went to the bus station, where they saw a cab parked. It was numbered 7. Felder said, Let's get this cab. Then, the four of them got into the cab and when the driver asked where they wanted to go, Felder replied, Madison Park. Right after they left the bus station, Ellis said he had left something, so the driver returned to the station and Ellis got out of the cab. When Ellis did not return, appellant said, He ain't coming. Let's go. When they got to Madison Park, Felder directed the driver, but the driver stopped after a few directions and asked, Whereabouts? Then, appellant, who was sitting in the back seat, grabbed the driver from behind; Floyd put the car's transmission into park; and Floyd and Felder got out of the cab and pulled the driver out of the cab. Appellant got out of the cab; searched the driver's pockets and the floorboard of the cab, and gave the money, which he had taken from the driver, to Floyd, who put it into his pocket. Up to this point. the driver had said nothing; but after Floyd and appellant hit him and Felder hit him and knocked him down, he said, Don't ya'll hurt me, ya'll can have the money. Then, the trio kicked the driver, two or three times each; they jumped on his chest; appellant tied a rope around his neck, and Felder took the free end of the rope, and they both pulled it very tightly; Felder drove the cab and backed it over him; and, finally, they dragged him by the rope to a tree and tied the rope around the tree. At this point, the victim was still alive. During this heinous assault, after they jumped on the driver, appellant urged the others to kill the driver. He stated, We might as well go ahead and kill him because we're going to go to jail anyway. When Felder objected and explained that there was no need to kill him, appellant persisted and argued that the driver would talk. After the assault, they left the scene in the cab, Felder driving. As they were leaving, Felder backed the cab over the victim again. They drove south on Interstate 65 until the car ran out of gas. After they stopped, Felder tried to pull the sign from the roof of the cab. In addition, the radio microphone had been pulled out at an unspecified time by Floyd at appellant's instruction.