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State v. Bondurant3/20/1998
ut around the furniture, the bed looked slept in, and a blanket was at the foot of the bed. A wooden jewelry box, her bedspread, and a small black and white television were missing from Loretta's room. Neither Spurgeon or Loretta noticed any blood or signs of a fight.
Although Loretta did not include it in her statement to William E. Coleman, a special agent with the Tennessee Bureau of Investigation ("T.B.I."), and did not notice it on October 22, 1986, she testified that there had been a small rocking chair in her room. She had not seen the rocking chair since she left home on October 11, 1986.
Ann McGill, the victim's sister, testified that she went to the victim's house the morning after the fire to see if the victim needed help. McGill went in the front door, but the victim did not answer when she called. The house was in disarray, the victim's boots, which he always wore, were sitting at the end of his bed, and his snuff was sitting on the table. McGill did not see any blood.
Following the victim's disappearance, Spurgeon was granted a divorce on grounds of desertion for a period of one year preceding the filing of the action. Spurgeon never saw or heard from the victim after she left him on October 11, 1986.
Frank Collins, the Pulaski Fire Chief, received a call at 11:47 p.m. on October 22, concerning the victim's house being on fire. Flames were coming out of a bedroom window located on the left front part of the house. The fire was put out before it spread to the rest of the house; however, the other rooms were charcoaled from the smoke. Collins believed the fire started in the bed located in the front bedroom.
Lane Roberts, detective sergeant for the Pulaski Police Department, investigated the fire at the victim's residence and the victim's disappearance. The victim was reported missing at 9 p.m. on October 23, after the fire. Roberts became involved in the case on October 24. From his investigation, Roberts determined that the last person to see the victim alive was the defendant on October 17. Roberts was unable to substantiate any alleged sighting of the victim after that date.
In his initial statement to Roberts, the defendant said he took the victim, who was drunk, home on October 17, after they got off work at 11 p.m. The defendant said he then stopped by the Corner Canteen and went home to Elkton. On October 28, the defendant gave Roberts a similar statement. The defendant added that he, Denise, and the victim went to the bank together on Thursday, October 16 to cash the victim's check; however, the returned check was dated October 17 and had been cashed on the same day. The defendant also told Roberts that he went looking for the victim at his house on October 22, the day of the fire, but was unable to find him.
Jerry Dickey, an arson investigator with the State Fire Marshall's Office, was in charge of the Fire Marshall's investigation of the fire at the victim's residence. From his investigation, which began November 3, he ruled out any accidental causes and determined that the origin of the fire was in or around the bed in the front bedroom. The fire appeared to have lasted 45 minutes to an hour before being discovered. The call reporting the fire was made at 11:47 p.m., and Dickey estimated that the fire started between 10:47 and 11:02 p.m.
As part of their joint investigation, Dickey and Roberts interviewed several people, including Denise and the defendant. Denise told them that the defendant came over to her apartment immediately after work on October 17 and did not leave until 2:00 or 3:00 a.m., if at all, on October 18. During their interview with the defendant, he gave the following sta
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