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State v. Troglin3/12/2002
FACTUAL BACKGROUND
The following facts are taken from the evidence adduced at Defendant's trial. (The proof presented at Defendant's suppression hearing is discussed in section II of this opinion.) On June 15, 1998, Harvey Ralph Wilkey, the victim in this case, was discovered dead at approximately 6:30 p.m. on the floor of the bedroom in his residence on Highway 30 in Pikeville, Tennessee. Wilkey was in the business of selling alcoholic beverages at his home. His body was first discovered by a neighbor, Richard Stafford, who had stopped by to make a purchase. Upon finding the body, Stafford immediately dialed 911. The first person to respond was Tony Richardson, a paramedic with the Bledsoe County Ambulance Service, who arrived at 6:52 p.m. Richardson reported that Wilkey's body was positioned face down, with his knees bent up underneath his abdomen and the right side of his face lay on the floor. Wilkey was not breathing and no pulse was evident, but his body was still warm and rigor mortis had not set in. Richardson straightened out the body in preparation for rolling it over to initiate CPR. At this point, he discovered blood on Wilkey's shirt and numerous puncture or exit wounds around the right kidney area. Richardson telephoned for additional police assistance and cleared the area of bystanders. Local law enforcement arrived a few minutes later.
David Emiren, the Tennessee Bureau of Investigation ("TBI") agent assigned to Bledsoe County, arrived at the Wilkey residence at 8:00 p.m. By that time, local police had secured the crime scene area, and Sheriff Swafford of Bledsoe County and Assistant District Attorney Jimmy Pope were also present. Wilkey's body remained face down on the carpet until Agent Emiren's arrival. Agent Emiren noted three wounds in the victim's back, where the shirt covering this area had been pulled up by the paramedic. Agent Emiren then rolled the body over and observed that the right pocket of Wilkey's blue jeans was empty and turned inside out. In a different pants pocket, he found more than $400. Later, Wilkey's half-sister, Nannie Lou Troglin, informed Agent Emiren that she had observed Wilkey place a "large amount of money" into his right front pocket on the day he died.
Agent Emiren observed an unloaded Mossberg 20 gauge shotgun standing in the corner of the bedroom. It was the only weapon in the immediate vicinity of the body. Located on the wall directly adjacent to the shotgun were three bullet holes. Four expended 9 mm Winchester Luger hulls were also discovered in various areas of the bedroom: one in a corner of the room, one under the bed, and two more lying on the window sill. A subsequent autopsy revealed that Wilkey had been shot four times. Three bullets completely penetrated the body, and one bullet had remained lodged in the left buttock.
Meanwhile, William Angel, an investigator with the Bledsoe County Sheriff's Department, had been instructed to assist with the murder investigation by conducting interviews of the witnesses uncovered thus far. Officer Angel arrived at the Sheriff's Office at approximately 8:00 p.m. on June 15, 1998. He began by interviewing Richard Stafford, the neighbor who reported discovering Wilkey's body, and the persons who were with him at that time: Stafford's girlfriend, Susan Joyner; a man named Lonnie Angel, Sr. (no relation to the interviewer); Angel's son, Lonnie Angel, Jr.; and Angel's brother, also known as "Cuckoo." Thereafter, Officer Angel also interviewed Mike Stafford, Richard Stafford's brother; Virginia Wright, who also lived on the property adjacent to Wilkey's residence; Christy Luttrell, Virginia's daughter; and Christy's boyfriend, Ron Sullivan.
Richard Staf
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