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State v. Eubanks4/22/1999
lice by a co-worker of appellant. Appellant gave the gun to his fellow worker before leaving for the bus station.
On September 23, 1996, Cincinnati police arrested appellant after receiving information from Cleveland police that appellant might be in the area. While in the custody of the Cincinnati police, appellant made a tape-recorded statement.
In his statement, appellant admitted shooting his wife. Appellant related to the Cincinnati detectives that Lanita Eubanks told appellant she had an affair with a doctor to obtain money for their rent. This occurred a little over a week before the shooting. Appellant stated that, although he did not like the idea of his wife being with another man, he appreciated her efforts to raise money for the rent. Lanita Eubanks later changed her story by informing appellant that the man was not a doctor but a security guard at the Cleveland Clinic. Appellant learned from his eleven-year old son that Lanita Eubanks actually was having an affair with a neighborhood mechanic named Touche. Appellant stated he confronted his wife about the affair almost a week before the murder. She did not deny the relationship and expressed a desire to see Touche again.
On the day of the shooting, Lanita Eubanks drove appellant to work where appellant was employed as a delivery man. Appellant called the house numerous times that day before finally contacting his wife about picking him up from work. Lanita Eubanks said that she was planning to attend a dance at Alcoholics Anonymous that evening with her sister. Appellant surmised that his wife was actually intending to meet with Touche as he could tell she had been drinking from their telephone conversation. Shortly before 8:00 in the evening, appellant spoke to step-daughter Lanita Carpenter who stated that her mother and young cousin had gone somewhere. Appellant believed his wife had gone to Touche's home. Appellant drove his company's truck home with the intention of intervening in the affair.
Arriving at his home, appellant saw his son, Herman, outside in the yard. The boy told appellant Touche had been there that day and Lanita Eubanks kissed and touched the man in front of Herman. Appellant stated that his blood was at a low boil at the news of his spouse's deception. Appellant entered the house where his wife sat on the living room couch. Lanita Eubanks asked appellant if he had spoken to their son. Appellant replied that he had. Lanita Eubanks asked what Herman had said. From the tone of her voice, appellant had the impression that Lanita Eubanks wanted Herman to see her with Touche so that Herman would tell appellant. In retrospect, appellant believed his wife's intention was to provoke appellant into hitting or cursing at her so she could charge him with domestic violence.
Appellant never responded to Lanita Eubanks. Appellant stated he went into lock and load which is his attack mode. Appellant said that, at that point, he was through with conversation and was at war. Appellant went upstairs and retrieved the rifle before returning downstairs. Appellant jammed the first round in the gun's chamber. Appellant succeeded in ejecting that round of ammunition. Appellant then fired three shots at Lanita Eubanks. He knew two of the bullets struck his wife but was not sure if the third round hit Lanita Eubanks.
Appellant went back upstairs for the gun case and then left in the truck. Appellant returned to his place of employment where he turned in the money which he collected that day making deliveries. Appellant gave the rifle to a co-worker after saying he had just killed his wife. Appellant went to the bus station and took a bus to Cincinnati.
II.
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