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People v. Epps6/27/1986
area of the victim's residence by neighbors who had called to report glass breaking and a general ruckus in the area. Upon arriving, the first unit observed appellant lying on his back in the middle of the road, arms up and hands behind his head, in front of the victim's home. After the initial contact with appellant and an indication that appellant was going to be arrested for being under the influence of alcohol, appellant broke free of a deputy sheriff and ran away, discarding clothing which was later connected to the crime scene. Appellant was soon apprehended. At about the same time the obvious damage to the victim's home led to further investigation of what appeared to be a burglary and soon thereafter, a murder. The trial transcript details at some length the near total destruction of the victim's home and her brutal murder. Suffice to say here that, given the testimony surrounding the conspicuous way in which appellant destroyed the home (several people testified to hearing noises and seeing appellant in the home for up to two hours), the senseless murder of an elderly victim merely for property of insignificant value, and appellant's aberrant behavior generally, the question of appellant's thought processes is very significant.
After appellant's arrest, the investigating officer had the presence of mind to obtain two blood samples and a urine sample from appellant. The blood samples were obtained in the proper manner and one was "preserved" for analysis of specific qualitative content while the other merely secured for eventual typing and comparison with the blood of the victim and blood at the crime scene. The urine sample was obtained in a manner which would prove ultimately useless for any practical purpose in this case. Standard procedures for obtaining urine samples as evidence in driving under-the-influence cases call for the accused to void his bladder and wait 10 to 20 minutes before giving the actual sample to be analyzed. This procedure precludes the accumulation of metabolic waste which would give an inaccurate view of the ratio of alcohol or drugs in the blood at or near the time of the offense. In this case, the authorities failed to have appellant void his bladder prior to collecting a sample of appellant's urine. Analysis of the sample obtained was sufficient for qualitative analysis but deficient for quantitative analysis including any extrapolation to quantify the presence of intoxicants or controlled substances in appellant's blood.
During the ensuing investigation and shortly thereafter, officers learned from witnesses that appellant had been drinking, possibly heavily, and may have used drugs. It was also learned that appellant had been in a fight in a bar and had become involved in a discussion with a key witness, Virginia Macri (Macri), about a $20 debt owed by appellant to Macri. The evidence
established that appellant and several others had been at Macri's house the evening before and early morning hours of the murder. Macri's house is but a few houses away from the victim's home on the same street. After the discussion of the fact of appellant's debt of $20 to Macri, appellant and others left. Before leaving, Macri testified that appellant indicated he was "going to go to rob the lady down the street" to get Macri some money and that "somebody might get killed," and if someone was killed Macri had better not say anything. It was also learned that while the victim's grandson lived with her, appellant had been a frequent visitor to their home.
As earlier stated, several individuals, including Macri, heard loud noises coming from the victim's house. The noises continued for an extended period. Two witnesses, Macri and Monte Mitchell (Mitc
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