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Bland v. State5/16/2000
Appellant Jimmy Dale Bland was tried by jury and convicted of First Degree Malice Aforethought Murder (21 O.S.1991, § 701.7), Case No. CF-96-90, in the District Court of Tillman County. The jury found the existence of two (2) aggravating circumstances and recommended the punishment of death. The trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal.
Appellant was convicted of the pre-meditated murder of Doyle Windle Rains. The victim was a longtime resident of Manitou, Oklahoma. He was retired and worked handyman jobs in the area. In November 1996, the victim worked at the Horton family ranch in Tillman County building dog pens and erecting a chain link fence. The victim had hired Appellant to assist him in the job. On November 12, 1996, Appellant and the victim were paid $882.00 for their work. Based upon a prior agreement, the check was made out to Appellant. Between 2:30 p.m. on November 12 and 2:30 p.m. on November 13, 1996, Appellant and the victim cashed the check at the First Southwest Bank in Frederick, Oklahoma.
On November 14, 1996, Appellant drove the victim's Cadillac to Oklahoma City to see Connie Lord, his girlfriend. While in Oklahoma City Appellant spent almost all of the cash in his possession, approximately $380.00. Most of this money was spent on drugs, some of which Appellant and Lord ingested at the time. Appellant left Oklahoma City later that afternoon. Lord gave him $10.00 so he could return home. Appellant drove to the victim's home where he shot and killed him. Appellant retrieved the keys to the victim's pickup from the victim's front pants pocket. He loaded the victim's body into the pickup and drove to a rural area where he deposited the body and covered it with logs and leaves. Appellant returned to the victim's home where he spent the night.
On November 15, 1996, Appellant returned to the home he shared with his mother, Ruby Hess, in Davidson, Oklahoma. Appellant was driving the victim's Cadillac. Appellant said he was going to work with the victim. Instead, Appellant switched vehicles and drove the victim's pickup to Oklahoma City. Meeting Connie Lord, he told her he had killed the victim. Later that evening, Lord phoned her sister, Frances Lewis, and asked her to call Hess to check on the victim's welfare. Hess and the victim were dating and had discussed marriage. As a result of her conversation with Lewis, Hess phoned the Tillman County Sheriff.
On November 17, 1996, Sheriff Billy Hanes went to the victim's residence. No one answered his knock at the front door. He noticed the victim's Cadillac in the driveway, but did not see the pickup. Sheriff Hanes then went out to the property where the victim ran cattle, but again found no sign of the victim. Returning to the victim's home, Hanes, with the assistance of agents from the Oklahoma State Bureau of Investigation (O.S.B.I) entered the house and observed several spots of blood on the garage floor. Sheriff Hanes subsequently listed the victim and his pickup on the NCIC register of missing persons. With that entry, anyone who had any contact with the victim or his pickup were to contact Sheriff Hanes.
On November 16, 1996, Appellant, driving the victim's pickup, was involved in a one-car accident near Stroud, Oklahoma. Appellant had driven the pickup off the side of the road. Appellant was arrested for driving under the influence. Appellant was subsequently released on bond, but not before the arresting trooper noticed Appellant had over $300.00 in cash on his person. Appellant was taken to the Econo-Lodge in Chandler, Oklahoma, where he paid for his room with a one hundred ($100.00) dollar bill. On Nove
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