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State v. Troglin3/12/2002
ford, Christy Luttrell, and Ron Sullivan all reported observing a vehicle similar to Defendant's parked in the driveway of Wilkey's house at approximately 5:00 p.m. on the day his body was discovered. The witnesses noticed the vehicle as they drove by Wilkey's house on their way to town. Defendant drove a distinctive vehicle at that time: a reddish-brown or "maroon" Dodge with black stripes extending from the front of the hood to the rear of the car on both sides. All three witnesses further claimed that the vehicle was still there when they returned. According to the testimonies of Luttrell and Sullivan, the time was shortly after 6:00 p.m. Additional witnesses, Mike Stafford and Virginia Wright, confirmed the presence of the maroon vehicle at Wilkey's house on June 15, 1998. Mike recalled noticing the vehicle between 5:30 and 6:00 p.m. Virginia recalled observing the car sometime after 5:00 p.m. Mike was familiar with the vehicle and positively identified the car he saw at Wilkey's as belonging to Defendant. Nannie Lou Troglin, half-sister of the victim and a sister-in-law of Defendant, also observed Defendant's vehicle parked at Wilkey's house on the day of the murder, but was unable to state with any certainty what time it had arrived or departed. Officer Angel was further informed by numerous witnesses that Wilkey sold liquor and, thus, it was not uncommon for a variety of vehicles to be parked at his house.
After Richard Stafford, Christy Luttrell, and Ron Sullivan returned from town, Richard and his girlfriend, Susan Joyner, walked to Wilkey's house to pick up some liquor. The time was approximately 6:30 p.m. Richard testified that he "pecked" at the door and they both walked in, as was customary for them. Richard sat down at the bar. Susan sat at a table. Wilkey was not present. Shortly thereafter, Lonnie Angel Sr. appeared with his two sons, also wanting to purchase alcohol. Richard telephoned Wilkey's sister in an attempt to locate Wilkey. She replied that he was not with her and instructed Richard to look around. Richard walked into Wilkey's bedroom and discovered him "humped over" in the corner, apparently dead. Richard dialed 911, checked for a pulse, and stayed until the ambulance arrived.
At the conclusion of his interviews on June 15, 1998, Officer Angel attempted to locate the maroon vehicle that was reportedly parked at the victim's home on the day of the killing and matched a description of Defendant's Dodge. He arrived at Defendant's brother's residence at 11:00 p.m. that night. Defendant and his vehicle were both present, and Defendant had not yet retired for the evening. Officer Angel explained to Defendant that Wilkey had been killed. Defendant appeared surprised. Officer Angel informed Defendant that Sheriff Swafford would like to speak with him and asked Defendant to accompany him to the Sheriff's Department for this purpose. Officer Angel advised Defendant that no arrest warrant had been issued and that Defendant was not required to go with him. Defendant agreed to accompany Officer Angel and asked to bring a few beers with him. It was apparent to Officer Angel that Defendant had been drinking and he refused permission. Defendant accompanied him anyway.
TBI Agent Emiren had completed his investigation of the crime scene and was present when Officer Angel and Defendant arrived at the Sheriff's Department. The time was 12:30 a.m. on June 16, 1998. Emiren conducted Defendant's interview and testified at trial that he did not read Defendant the Miranda warnings because the interrogation was not "custodial," and Defendant was not under arrest at that time.
During the interview which ensued, Defendant gave Agent Emiren a statement concerning his activi
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