Court of Criminal Appeals of Tennessee, Knoxville
Session April 22, 2014
Appeal from the Criminal Court for Knox County No. 58548, Bobby R. McGee, Judge.
John Halstead, Knoxville, Tennessee, for the appellant, Daryll Shane Stanley.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, the State of Tennessee.
Thomas T. Woodall, P.J., delivered the opinion of the Court, in which Alan E. Glenn and Roger A. Page, JJ., joined.
THOMAS T. WOODALL, JUDGE
The victim in this case testified that on May 21, 1994, she was living in an apartment on Citrus Street in Knoxville. Defendant was a "friend of the family" whom she had seen "five or six times." On the night of the incident, she was watching television and eating a snack when Defendant knocked on her door between 11:00 p.m. and 11:30 p.m. She opened the door, and Defendant asked if a mutual friend named Bobby was at her house. She told Defendant that Bobby was not there, and Defendant asked the victim for a glass of water. Defendant and the victim sat on the couch and "talked about different things, just conversation." During their conversation, Defendant suddenly "pounced from one end of the couch to the other" and grabbed the victim's neck. Defendant pinned down the victim and told her to "[s]hut the f up or I'm gonna kill you." Defendant told the victim, "I'm gonna f you, and then I'm gonna leave. If you don't say anything, I'm not gonna kill you." Defendant put the victim "in a headlock" and forced her into the kitchen. Defendant could not find any knives, but he found a large carving fork and put it against the victim's throat and told her not to scream.
The victim's testimony described the chronology of events as follows. Defendant forced the victim into the bedroom. Defendant "forced [the victim] onto the bed and he raped [her] vaginally." Defendant then sat on the bed "trying to decide what his next move was going to be." Defendant then forced the victim down again "and this time, he raped [her] anally." Defendant found scarves and pantyhose and bound the victim's hands and feet. Defendant taped the victim's mouth with masking tape. Defendant then raped the victim again vaginally. The victim testified, "at some point in time, he raped me again." She testified that Defendant found scissors, and he was straddling her and "nipping at [her] with the scissors" on her breasts. Defendant threatened to cut off the victim's nipples. Defendant was "stroking [the victim's] face and saying, 'I've got your life in my hands right now, I could kill you if I wanted to.'" Defendant was repeating to the victim "over and over again, do you want to die, do you want to live[?]" Defendant choked the victim until she passed out. When the victim woke up, she sat up and "blood spewed out of [her] nose and out of [her] mouth." The tape had come off of the victim's mouth. She testified that the room was dark, but she saw "a figure rushing out." The victim screamed for help. She scooted into her living room, and she saw in a mirror that the scissors were "hanging out of [her] throat." She screamed again, and the scissors fell out of her neck. She tried to cut herself free with the scissors but was unable to do so. She scooted outside and screamed for help.
The victim testified that she was hospitalized for five days. She suffered pain from her injuries. The victim's eyes were severely bloodshot. She underwent surgery for the wound in her neck. She testified that she was unable to eat solid food until the stitches in her stab wound were removed and her throat healed. She testified that she experienced residual effects from her injuries, including numbness in the left side of her face and ear. She also testified that she suffers from panic attacks, for which she takes medication, as a result of the incident.
During the incident, Defendant told the victim that he was going to take her car and that he needed money. Defendant found the victim's purse and took all of her cash and took her car. The victim later recovered her car in Pensacola, Florida.
Kathy Wrinklestein woke up around 3:00 a.m. on May 22, 1994. She heard the victim screaming for help from outside her bathroom window. Ms. Wrinklestein yelled outside, "lady, are you okay, what's wrong?" The victim responded that she had been raped and stabbed. Ms. Wrinklestein called 911. She woke up her brother-in-law, and they both walked outside and found the victim lying on the grass. The victim's hands were tied behind her back and she was bleeding. Ms. Wrinklestein testified that the victim had been "stabbed in the neck, and her eyes were bleeding." Ms. Wrinklestein covered the victim with a blanket because the victim was not wearing any clothes. Ms. Wrinklestein and her brother-in-law stayed with the victim until the police arrived.
Tammy Yeager was an emergency room nurse on May 22, 1994. Ms. Yeager testified that she reviewed the notes on the victim and learned that the victim had a penetrating wound in her neck, obvious choking trauma, and the victim's thighs were covered in blood and feces. The victim had bruises, contusions, and dried blood all over her body. The victim also had rope burns on her wrists and ankles.
Joe Cox was a crime scene specialist with the Knoxville Police Department at the time of the incident. He photographed the scene and recovered several items, including the scissors, pieces of a scarf and pantyhose, tape, a sheet, the sleeve from a black dress, and a man's white shirt. Several other items were taken from the scene, but Cox testified that none of the items could be located. Cox testified that he lifted a latent print from a glass in the victim's bedroom. Cox went to the hospital to speak to the victim. He observed bruises on the victim's neck, wrists, and ankles. He recovered the rape kit from the hospital, but it had also been lost.
Investigator Tom Styles interviewed the victim at the hospital. Investigator Styles testified that the victim told him that she was raped three times by Defendant. He testified that it was possible he had mistakenly noted in his report that the victim stated she was raped three times and that it may have been more. He also testified that the victim was emotional because "[s]he had been badly mistreated." Investigator Styles testified that the victim's car was located in Pensacola, Florida. He also learned on June 4, 1994, that Defendant was in custody in Oklahoma.
Arthur Bohanan of the Knoxville Police Department examined the latent print lifted from a drinking glass in the victim's apartment and determined that the print matched Defendant's left ring and left middle fingers.
Detective Dennis Davis of the Del City Police Department in Del City, Oklahoma, testified that he interviewed Defendant on June 4, 1994. The video recording of the interview was played for the trial court. The transcript from the interview shows that Detective Davis read Defendant his rights, and Defendant waived his rights. Detective Davis asked Defendant if he had ever hurt a woman before, and Defendant admitted that he had. Detective Davis asked Defendant about a rape charge in Knoxville, and Defendant said he "wouldn't really call it rape." Defendant stated that the victim had consented to having sex with him. Detective Davis asked Defendant if he had hurt the victim or lost his temper with her, and Defendant replied, "Probably did. I lose it sometimes and I don't know where I'm at." Defendant told Detective Davis that he had been staying at the mission in Knoxville, and on the night of the incident, he arrived late and was not allowed to stay there, "so [he] just went and kind of freaked out." Defendant stated that he "probably need[ed] a whole lot of counseling." Defendant explained what occurred between him and the victim as follows:
I just – I recall – I kind of a – got a little rough at first, I grabbed her. She asked me what I wanted. And I said I was waiting to have sex with her. And that's when she said ok. She said, let's just lay down here on the floor and do it. She wasn't like freaking out or nothing like that and so we went into the bedroom. Then we had sex and stuff and the next thing I know I'm on the road. Freaking out.
Detective Davis asked Defendant if he beat the victim, and Defendant replied, "I really don't know. I'm not going to say I didn't do anything – I just don't know, you know, I freak out." Defendant stated that he did not know what he had done and that he did not know if he had hurt or killed the victim. Defendant stated that the victim had undressed herself after he "told her to and she did." Defendant denied that he tied the victim's hands and feet. Detective Davis asked Defendant if he remembered hurting the victim, and Defendant replied, "I had a feeling . . . I had a gut feeling that I'd done something – pretty bad." Defendant stated, "I don't remember what I've done but I had a feeling I'd done something bad. That's why I had to ...