State v. Lindamood

39 Wash.App. 517 (1985)

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Nature of the Case

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Facts

D was 18 years of age. D discussed with his friend, Dennis, a plan to rob Roy George, a 77-year-old neighbor. The rumors were that George kept several thousand dollars in his house or buried in his yard. D planned to go to George's house, knock him out, take his money, then, with Dennis, buy a car and go to California. D went to his mother's house and got a coffee table leg, which he wrapped in a paper sack tied with string. D went to George's door, and when George answered his knock, tried to enter, saying that he wanted to discuss something with George. George told him to go away. D pushed his way into the house and started striking George on the head with the table leg. After several blows, George fell to the floor, where he pleaded not to be struck anymore. D continued striking George about the head with the table leg and afterward struck him about the head or chest with a large piece of stovewood. D went through the house looking for money. After taking some cash and silverware, he left. George died of the injuries. Dr. Reay stated there were fractures in the base of the skull, nasal and facial bones, sternum, and ribs. There was also a tear in the aorta, which caused extensive bleeding. The cause of death was 'blunt impact-type injuries sustained to the head and to the chest region.' The table leg was capable of causing the described injuries. Dr. Reay concluded that the head injuries alone were serious enough to be the probable cause of death (he counted 19 separate blows to the head), and that the chest injuries alone could also have caused George's death. D was charged with premeditated murder, aggravated by the fact that it was committed in the course of first-degree burglary and first-degree robbery. D testified that his friend, Dennis, provided him with a pair of gloves, which he wore during the commission of the crime for the purpose of avoiding leaving fingerprints. He also testified that he made no effort to disguise himself even though George could identify him. D denied any intent to kill George and denied any premeditation of a murder. P introduced D's written confession in which he made this statement: 'Just before going to George's house to kill him, I wrapped it [the table leg] in a brown paper bag and tied it with some string.' D was convicted and appealed.