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Haley v. Commonwealth9/22/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY OTHER CASE INANY COURT OF THIS STATE.
NOT TO BE PUBLISHED
MEMORANDUM OPINION OF THE COURT
AFFIRMING
Appellant, Bruce Dewayne Haley, was convicted in the Bell Circuit Court of Capital Murder of Michael Ray Dozier, and Assault in the First Degree of Philip Gray. Haley was sentenced to twenty (20) years on the Murder Conviction, and ten (10) years on the Assault in the First Degree conviction, to run consecutively with each other. He appeals to this court as a matter of right. For the reasons set forth herein, we affirm the convictions.
FACTS
On November 11, 2002, in Bell County, Trooper Keith Baker of the Kentucky State Police was dispatched to the home of Bruce and Kathy Haley, regarding a reported feud between the Haley and Dozier families. Rhonda Dozier, the ex-wife of the decedent, Michael Dozier, who was living in his trailer at the time of his death, provided the reason for the ongoing feud. She stated that after she and Michael divorced in July 2001, she went on a weekend trip with Bruce Haley to Gatlinburg, not knowing Haley was married. Michael Dozier found out about the trip and it became a source of "bickering" between the Dozier and Haley families. The feud resulted in various criminal charges against Rhonda and Michael Dozier, as well as Kathy Haley.
After referring Mrs. Haley to the county attorney, Trooper Baker proceeded to the residence of Michael and Rhonda Dozier in an attempt to ease the tensions between the two families. While knocking on the door at the Dozier residence at approximately 9:00 p.m., Trooper Baker heard gunshots from what he described as more than one gun, and more than one shot. He returned to his cruiser to investigate further, and shortly thereafter encountered Phillip Gray coming off an embankment near railroad tracks. Gray had been shot several times in the back and left arm, and did not tell the trooper who shot him, but did state he had been walking down the road drinking beer and had been shot, and did not indicate anyone else was with him.
A second officer arrived and also asked Gray who shot him, but he also informed the other officer that he did not want to tell, and that he would take care of it. Gray was sent to the hospital and the officers conducted a search of the area around the railroad tracks. The officers recovered a fully loaded.22 caliber pistol from Gray's back pocket. They then searched the embankment and railroad tracks where Gray had descended from. They found a.410 shotgun with an expended shell in the chamber and a.12 gauge shotgun with a live round in the chamber, as well as, a live.30/.30 cartridge, an expended casing or hull of a.30/.30 round, and 5 expended casings or hulls of.22 caliber rounds. They noted that the area overlooked the Dozier residence.
At the hospital, the doctors discovered a 4" wide by 5" long wound to Gray's left upper arm, a wound to the armpit, and a wound in the back. A blood sample revealed Gray's blood alcohol level was.243.
The following morning, sometime after 7:00 a.m., an area youth discovered the body of Michael Dozier lying in the underbrush on the embankment. He left and called the police, who arrived at 8:27 a.m. The body was removed from the scene for autopsy. A box with three.12 gauge shotgun shells was found in the victim's pocket.
Dozier's body had 3 gunshot wounds: a flesh wound to his thigh muscle, another flesh wound to the sid
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