State v. Norman

366 S.E.2d 586 (1988)

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Nature of the Case

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Facts

A deputy was dispatched to the Norman residence. There, in one of the bedrooms, he found decedent, John Thomas 'J.T.' Norman dead, lying on his left side on a bed. Norman had died from two gunshot wounds to the head. The deputy sheriff also testified that later that evening, after being advised of her rights, D told the officer that decedent, her husband, had been beating her all day, that she went to her mother's house nearby and got a .25 automatic pistol, that she returned to her house and loaded the gun, and that she shot her husband. The officer noted at the time that there were burns and bruises on D's body. D presented evidence of a long history of verbal and physical abuse leveled by decedent against D. They had been married twenty-five years at the time of Norman's death. Norman was an alcoholic. He had begun to drink and to beat D five years after they were married. The couple had five children, four of whom are still living. When D was pregnant with her youngest child, Norman beat her and kicked her down a flight of steps, causing the baby to be born prematurely the next day. Norman had worked one day a few months prior to his death; but aside from that one day, witnesses could not remember his ever working. Over the years and up to the time of his death, Norman forced D to prostitute herself every day in order to support him. If she begged him not to make her go, he slapped her. Norman required D to make a minimum of one hundred dollars per day; if she failed to make this minimum, he would beat her. He called D 'Dogs,' 'Bitches,' and 'Whores,' and referred to her as a dog. Norman beat D 'most every day,' especially when he was drunk and when other people were around, to 'show off.' He would beat D with whatever was handy -- his fist, a fly swatter, a baseball bat, his shoe, or a bottle; he put out cigarettes on D's skin; he threw food and drink in her face and refused to let her eat for days at a time; and he threw glasses, ashtrays, and beer bottles at her and once smashed a glass in her face. D exhibited to the jury scars on her face from these incidents. Norman would often make D bark like a dog, and if she refused, he would beat her. He often forced D to sleep on the concrete floor of their home and on several occasions forced her to eat dog or cat food out of the dog or cat bowl. D often stated he would kill her. He also threatened to cut her heart out. Just prior to the incident, D was forced to go to a truck stop or rest stop on Interstate 85 in order to prostitute to make some money. D's daughter and the daughter's boyfriend accompanied D. Norman went to the truck stop, apparently drunk, and began hitting D in the face with his fist and slamming the car door into her. He also threw hot coffee on D. On the way home, Norman's car was stopped by police, and he was arrested for driving under the influence. When released from jail the next morning he was extremely angry and beat D. D's mother said defendant acted nervous and scared. During the entire day, he slapped her, and when she was away from him, he threw glasses, ashtrays, and beer bottles at her. Norman asked defendant to make him a sandwich, and after the third one, he smeared it in D's face. On the evening of 11 June 1985, at about 8:00 or 8:30 p.m., a domestic quarrel was reported at the residence. D was bruised and crying and that she stated her husband had been beating her all day and she could not take it any longer. The officer advised D to take out a warrant on her husband, but D responded that if she did so, he would kill her. A short time later, the officer was again dispatched to the Norman residence. There he learned that D had taken an overdose of 'nerve pills,' and that Norman was interfering with emergency personnel who were trying to treat defendant. Norman was drunk and was making statements such as, ''If you want to die, you deserve to die. I'll give you more pills,'' and ''Let the bitch die . . . . She ain't nothing but a dog. She don't deserve to live.'' Norman also threatened to kill D, D's mother, and D's grandmother. The law enforcement officer reached for his flashlight or blackjack and chased Norman into the house. D was taken to Rutherford Hospital. The therapist on call at the hospital that night stated that D was angry and depressed and that she felt her situation was hopeless. On the advice of the therapist, D did not return home that night, but spent the night at her grandmother's house. On 12 June 1985, Norman was angrier and more violent with d than usual. Norman beat D all day long. During a ride to Spartanburg, Norman slapped D for following a truck too closely and poured a beer on her head. Norman kicked D in the side of the head while she was driving and told her he would ''cut her breast off and shove it up her rear end.'' A granddaughter reported to D's mother, that her father was beating her mother again. D's mother called the sheriff's department, but no help arrived at that time. Norman threatened to cut D's throat, threatened to kill her, and threatened to cut off her breast. Norman also smashed a doughnut on D's face and put out a cigarette on her chest. Norman went to sleep. D helped one of her daughters look after the daughter's baby. When the baby began to cry, D took the child to her mother's house, fearful that the baby would disturb Norman. At her mother's house, D found a gun. She took it back to her home and shot Norman while he slept. D explained that she could not leave Norman because he would kill her. She stated that she had left him before on several occasions and that each time he found her, took her home, and beat her. She said that she was afraid to take out a warrant on her husband because he had said that if she ever had him locked up, he would kill her when he got out. She stated she did not have him committed because he told her he would see the authorities coming for him and before they got to him he would cut D's throat. Two expert witnesses testified about battered spouse syndrome. 'D didn't leave because she believed, fully believed that escape was totally impossible. . . . She fully believed that [Norman] was invulnerable to the law and to all social agencies that were available; that nobody could withstand his power. As a result, there was no such thing as escape.' Dr. Tyson testified, 'I think Judy Norman felt that she had no choice, both in the protection of herself and her family, but to engage, exhibit deadly force against Mr. Norman, and that in so doing, she was sacrificing herself, both for herself and for her family.' D was convicted and appealed from the trial court's refusal to give a self-defense instruction.