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Haley v. Commonwealth9/22/2005
e of his kneecap, and a fatal shot to the lower front of the chest on his right side. There was a white crushed-up substance in his jean pocket which was identified as hydrocodone, an opiate similar to Loratab. Hydrocodone was found in his system and his blood alcohol level was.217.
Appellant Haley, who was immediately charged with killing Dozier, was arrested about 9:15 a.m. on an unrelated matter. He consented to a warrantless search of his home. The police collected a variety of weapons from his residence, all of which were introduced at trial, including a Marlin Firearms Corp., Model 336SC.30/.30 caliber lever action rifle; a Savage Arms, Stephens Model 89,.22 caliber lever action rifle; a Keystone Sporting Arms, "Cricket".22 caliber youth rifle; and a.30/.30 live Winchester round.
At trial, a KSP firearms expert testified to the variety of guns and ammunition obtained from the railroad tracks, from the Haley residence, and from Phillip Gray and the body of Michael Dozier. Specifically, the expert found: (1) the bullets removed from Michael Dozier's body were from a.22 caliber weapon and did not come from the.22 caliber guns carried by Dozier or Gray; (2) the spent.22 casings found at the crime scene were all from the same gun but not from any of the guns found at the Haley residence or at the scene; (3) none of the guns removed from the Haley residence could be positively identified as having been fired in the shooting of either victim; (4) one of the spent.30/.30 shells found at the railroad tracks had been cycled through the same gun as the live.30/.30 round found at the Haley home; and (5) neither of the.30/.30 shells could have passed through the Marlin.30/.30 caliber rifle from the Haley home.
Thus, the testimony of Gray was the only direct link to Bruce Haley's involvement in the shootings. Gray testified that he and Dozier went up to the railroad tracks with a case of beer and the two shotguns to watch Dozier's home. He said they saw someone approach on the railroad tracks toward them. Dozier yelled twice at the person, but there was no answer. Gray testified that the individual was Bruce Haley, and that Haley was the first to fire, and, in response, Dozier and Gray returned fire.
Gray was approximately three feet away from him when he shot. According to Gray, Haley put a pistol in his pants after firing the first round, and had a rifle in his other hand. When he saw the rifle, Gray ran and was shot in the back. Dozier managed to return one shot after the initial round from Haley.
Haley, however, testified that, at the time of the shooting, he was sitting drunk in his truck which was parked in his friend Rick Shepard's driveway. Shepard testified that he and Haley spent most of the day together, until about 6:00 - 7:00 p.m., and then saw him the next morning about 6:30 - 7:00 a.m. Although he could not testify as to what Haley might have done in that roughly 12-hour span, he was aware that Haley could not move his car the following morning (after the murder) because his car was blocked by Shepherd's daughter, Jennifer. He did not see or hear Haley's vehicle leave that night.
Jennifer Shepard testified she arrived home that night a little before dark, and that she did, in fact, block Haley's truck upon returning from work, but she also said that, when she arrived, she only saw Haley's truck, not Haley himself.
The jury convicted Haley on both counts, Murder and Assault in the First Degree. They recommended sentences of twenty (20) years for Murder, and ten (10) years for Assault, with the sentences to run consecutively. Appellant now appeals his convictions.
He claims the trial court erred: (1) in admi
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