ADeKalb County jury found appellant Stephen Bailey guilty but mentally ill on all thirteen counts of an indictment filed in connection with the stabbing deaths of Ursula Peterson and her adult daughter Dominique Martin, who were his upstairs neighbors.
I.
Viewed in the light most favorable to the verdict, the evidence at trial shows that on November 27, 2010, Bailey says he heard noises coming from the apartment above his; in response, he went upstairs and knocked on the door of Peterson’s apartment. Martin answered the door but denied making any noise — two of her three minor children were asleep, and the other was watching a movie with Martin. Bailey became irate, and began to stab Martin with a knife he had brought upstairs. When Peterson attempted to intervene, Bailey pushed her into a wall and began stabbing her too. Despite her injuries, Peterson managed to instruct one of Martin’s children to call 911, which the child did.
Responding officers testified that when they arrived at Peterson’s apartment, there was blood throughout the apartment, and the furniture was in disarray. Martin was dead, with cuts to her face and back, and her throat was slit “from ear to ear.” Peterson was alive, but struggling to breathe. She suffered cuts to her chest and abdomen; her throat, too, had been slit. Peterson ultimately died from her wounds.
After noticing blood on the door handle of Bailey’s apartment, but seeing no evidence that the victims had left their apartment, the police obtained search warrants for both the victims’ apartment and Bailey’s apartment. A DeKalb County police investigator then knocked on Bailey’s door, and Bailey’s mother answered. The investigator saw Bailey sitting on the couch and asked him, “Do you know why we are here?” Bailey responded, “Yes.” The investigator then placed Bailey under arrest with no further conversation. Bailey was transported to the DeKalb County Police Headquarters, where he waived his rights before being interviewed. During the interview, which lasted approximately one hour, Bailey admitted that he had become angry when he heard the residents in the apartment above him “stomping and throwing stuff,” that he had gone up to the apartment to confront them, and that he had taken a kitchen knife “just in case” he was attacked by the women. He told the investigator that when he reached the victims’ apartment, the daughter had answered the door and initially denied making noise, but then she “got an attitude and I got mad.” He stated that he attacked the daughter first and then attacked the mother when she came into the living room. Bailey told investigators he had put the clothes he was wearing in a hamper and put the knife he used in the kitchen sink. During their search of Bailey’s apartment, police seized, among other things, a leather jacket and blue jeans; DNA analysis revealed that the blood on the jeans and jacket matched that of Peterson.
Bailey pleaded not guilty by reason of insanity and testified in his own defense at
Although Bailey does not expressly challenge the sufficiency of the evidence, we have reviewed the record and conclude that there was sufficient evidence for a rational trier of fact to find Bailey guilty but mentally ill beyond a reasonable doubt of the charges on which he was convicted. Jackson v. Virginia,
II.
Bailey’s first contention is that the trial court erred by denying his motion to suppress various items, including clothing and a knife, recovered from his apartment. He argues that these items were the fruits of an unlawful search of his home because law enforcement officers lacked probable cause to conduct the search. He is incorrect.
A search warrant will issue only upon facts “sufficient to show probable cause that a crime is being committed or has been committed.” OCGA § 17-5-21 (a). To determine if probable cause exists to issue a search warrant, a magistrate must make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, there is a fair probability that contraband or evidence of a crime will be found in a particular place. Lemon v. State,
Here, the evidence shows that the officers plainly had probable cause to search Bailey’s apartment. In the affidavit accompanying the search warrant application, the investigator stated that there were signs of a struggle in the victims’ apartment, that there were two victims with stab wounds, and that there were areas of blood spatter throughout the apartment. The affidavit further stated that fresh blood was located on the entry door handle of Bailey’s apartment, which was located directly beneath the victims’ apartment.
After conducting a hearing on Bailey’s motion to suppress, the trial court denied the motion. We agree with the trial court, and with the magistrate who issued the warrant. Because there was probable cause to support the search of Bailey’s apartment, the trial court did not err in denying his motion to suppress.
III.
After his trial, Bailey filed a motion for new trial challenging the admissibility of the statements he made before he was detained; specifically, he wished to exclude his affirmative response after the investigator asked, “Do you know why we’re here?” In its order denying Bailey’s motion, the trial court found that Bailey was not detained or in custody at the time that the question was asked and answered, and that Bailey’s response was therefore admissible. On appeal, Bailey maintains both that he was detained the moment the investigator stepped inside his apartment to execute the warrant, and that the investigator’s question was designed to elicit an incriminating response. We disagree, and conclude that the statement was properly admitted.
“Miranda warnings must be administered to an accused who is in custody and subject to interrogation or its functional equivalent.” State v. Troutman,
Here, the objective circumstances surrounding Bailey’s pre-arrest interaction with the investigator reveal that no reasonable person in Bailey’s shoes would have perceived that he was in custody during the exchange. Bailey was in his own home, free to move about, and was not handcuffed or otherwise restrained. And even assuming that Bailey’s simple “yes” answer could be construed as an incriminating response, the investigator’s question in these circumstances was not one that would cause a reasonable person to feel so restrained as to equate to a formal arrest. See, e.g., Tolliver v. State,
IV.
Bailey’s final contention is that the trial court erred when it declined to instruct the jury on voluntary manslaughter. In its order denying Bailey’s motion for new trial, the trial court explained that there was no evidence of provocation that would authorize the requested instruction. Bailey contends that the trial court erred in refusing to give the instruction because there was some evidence that Martin provoked him before he stabbed her. On this point too we disagree, because none of the evidence entered at trial suggests that a voluntary manslaughter charge could be supported.
To be sure, where any evidence would support a voluntary manslaughter charge, the instruction must be given: “When instructing the jury in a murder case, a trial court is required to grant the defendant’s request for a charge on the lesser included offense of voluntary manslaughter if there is any evidence, however slight, to support such a charge. Whether such slight evidence exists is a question of law.” Blake v. State,
We thus evaluate the alleged provocation evidence with respect to its impact on a reasonable person, putting aside any peculiar response Bailey may have had. Partridge v. State,
The evidence at trial shows, at most, that Bailey and the victims had some sort of verbal confrontation about noise before he stabbed them. There is simply no evidence of a serious provocation that would give rise to a sudden, violent, and irresistible passion in a reasonable person. See, e.g., Johnson v. State,
Judgment affirmed.
Notes
The crimes occurred on November 2 7, 2010. On October 11, 2013, a DeKalb County grand jury indicted Bailey on two counts of malice murder, two counts of felony murder, two counts of aggravated assault, two counts of possession of a knife during the commission of a felony, burglary, and four counts of cruelty to children in the third degree. At a trial held October 7-11, 2013, the jury found Bailey guilty but mentally ill on all charges. The trial court sentenced Bailey to serve life without parole for each count of malice murder, running consecutively with each other; five years on each of the possession of a knife during the commission of a felony counts, running consecutive to the malice murder sentences; 20 years on the burglary count, running concurrently with the sentences for malice murder and possession; and one year on each of the four counts of cruelty to children, running concurrently with the sentences for malice murder and possession. The trial court purported to merge the two felony murder verdicts into the malice murder convictions and to merge the aggravated assault verdicts into the felony murder verdicts; while the trial court’s nomenclature was incorrect, the result was proper: the felony murder verdicts were vacated by operation of law, see Malcolm v. State,
Jackson v. Denno,