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State v. Clifton3/4/1997
On 12 May 1994 defendant argued with her husband, James Clifton, in their kitchen about the purchase of a new pistol and truck. Both defendant and her husband had consumed alcohol. Defendant's husband had a blood alcohol level of 0.15.
At 9:20 p.m. Youngsville Volunteer EMS Sue Etta Allen responded to a 911 emergency call made by defendant. As Allen entered their kitchen, she observed defendant sitting on the left side of James Clifton's body which lay on the kitchen floor in a pool of blood. Defendant had blood on her hands, face, and blouse. Defendant stood and ran out of the house into the yard hollering, "Help me, help me." Defendant was "frantic, hysterical, and very upset."
Another rescue worker, Justin Scott Gailey , arrived immediately after Allen. He began to assist Allen and noticed James Clifton had ceased breathing and did not have a pulse. Gailey observed a large wound in the armpit area of James Clifton's left side. The rescue workers began CPR. They continued treatment of James Clifton until an ambulance crew arrived to assist them.
At about 9:30 p.m. Chief Deputy Walter Beckham of the Franklin County Sheriff's Department arrived at defendant's residence. Chief Deputy Beckham spoke with defendant. Defendant repeatedly stated that if her husband were dead she would kill herself. Defendant also stated that if she had already left her husband this would not have happened. Chief Deputy Beckham noticed that defendant had on a shirt and pants but no shoes. Defendant told Chief Deputy Beckham that she and her husband had been arguing about a new truck and a new pistol, that her husband had shot himself, that she did not see her husband shoot himself, that she did not remember being close to her husband when he shot himself, and that her husband had put the gun in his mouth on previous occasions. With her permission, Chief Deputy Beckham wiped defendant's hands for a gunshot residue test. Chief Deputy Beckham went back into the kitchen and observed that a pistol lay on its sales receipt on the kitchen counter about six feet from the body.
At around 10:10 p.m Director Steven R. Jones of the Franklin County Sheriff's Department Bureau of Identification examined the kitchen and photographed it. He found a .44 caliber Ruger Super Redhawk double-action revolver lying on the counter on a sales paper, next to an open, nearly full bottle of beer. The pistol was thirteen inches in length with a seven and three eights inch barrel. The pistol's butt was fifty four inches from the corner of the stove, beneath which James Clifton had fallen. He also found, behind the stove island and on the kitchen counter, a pair of eyeglasses face down on the floor, a lead bullet core some two and a half inches from the glasses, and a copper jacket from a bullet. Jones observed blood and tissue spattering on the kitchen counters and refrigerator. A portion of the bullet had struck the refrigerator. Director Jones looked for a suicide note, but did not find one. He collected the bloody clothes defendant had worn so they could be tested.
James Clifton's father heard about his son's death from a deputy. On the morning following his son's death, he telephoned defendant. Defendant told him she did not know what happened and then handed the phone to her friend with whom she had stayed all night. Defendant did not talk to Mr. Clifton again at any time before the trial.
On 18 April Special Agent Jed Taub of the serology section of the SBI conducted tests and determined that there was no blood on the gun retrieved from the kitchen. In his expert opinion, he determined that the force of the bullet of the type that struck James Clifton may, on penetration, caused a fine
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