Released for Publication March 12, 2015.
ON APPEAL FROM JEFFERSON CIRCUIT COURT. HONORABLE MITCH PERRY, JUDGE. NO. 10-CR-001550.
COUNSEL FOR APPELLANT: Daniel T. Goyette, Cicely Jaracz Lambert, Office of the Louisville Metro Public Defender.
COUNSEL FOR APPELLEE: Jack Conway, Attorney General of Kentucky, James Coleman Shackelford, Assistant Attorney General.
OPINION OF THE COURT BY JUSTICE KELLER. Minton, C.J.; Abramson, Cunningham, Noble and Venters, JJ., sitting. All concur.
A jury found Gary Steven Bond (Bond) guilty of murder and sodomy in the first degree. The court, consistent with the jury's recommendation, sentenced Bond to life without the possibility of parole for 25 years on the murder conviction. The court, consistent with an agreement between Bond and the Commonwealth, sentenced Bond to 20 years' imprisonment on the sodomy charge, to run concurrently with the sentence for murder. Bond appeals his convictions arguing: (1) the court should have suppressed a statement he gave to police; (2) absent suppression, the court should have permitted Bond to play his entire statement for the jury; and (3) the court should have granted a directed verdict on the sodomy charge because there was no corroborating proof to support his confession to that crime. For the following reasons, we affirm.
In May of 2010, Mark Shelby (Shelby) was temporarily living with Bond and sleeping on Bond's couch. At approximately 5:30 p.m. on May 11, Shelby arrived at Bond's apartment and found Bond and his girlfriend, Julie Hendricks (Hendricks), getting dressed in the bedroom. The three ate dinner and drank some beer and Jagermeister. At approximately 8:00 p.m. Hendricks passed out on the living room floor. Because Hendricks weighed in excess of 250 pounds, Bond and Shelby could not lift her. Therefore, they dragged her into the bedroom and left her on the floor. Bond covered Hendricks, who was clothed, with a blanket and he and Shelby returned to the living room. At approximately 10:00 p.m., Bond went into the bedroom, and Shelby went to sleep on the couch.
At approximately 1:45 a.m. Bond woke Shelby and said that he thought Hendricks had died. Shelby went into the bedroom and saw that Hendricks, who was nude, was turning blue and appeared to be dead. Shelby encouraged Bond to call 911, which Bond did approximately a half hour later. Emergency personnel confirmed that Hendricks had died and, because the death appeared suspicious, the deputy coroner
called the police. Detective Brenda Wescott (Detective Wescott) arrived at Bond's apartment at approximately 4:30 a.m. and interviewed Bond and Shelby. However, because she did not initially believe Hendricks's death was a homicide, Wescott did not take any physical evidence from Bond's apartment.
The autopsy report indicated that Hendricks had died as the result of strangulation and that she had had anal sex sometime prior to her death. Based on these findings, police officers returned to Bond's apartment and asked him if he would go to the station to be interviewed. Bond agreed. After reading Bond his rights and obtaining a waiver, Detective John Lesher (Detective Lesher) questioned Bond at length. During that interview, Bond admitted that he had had anal sex with Hendricks while she was unconscious on the bedroom floor and that he had pulled on Hendricks's tee shirt while doing so. However, he stated that he did not think Hendricks died at that time. Later, Bond denied that he had anal sex with Hendricks while she was unconscious, stating that the couple had consensual anal sex earlier in the day and were interrupted by Shelby. Bond also claimed that Lesher concocted the story about him having anal sex with Hendricks while she was unconscious.
The officers arrested Bond and charged him with murder and first-degree sodomy. Prior to trial, Bond moved to suppress his statement, a motion the court denied. At trial, the Commonwealth played portions of Bond's statement and Bond moved for leave to play the entire statement, a motion the court denied. We set forth additional facts about Bond's statement, which is at the center of this appeal, as necessary below.
II. STANDARD OF REVIEW.
The issues raised by Bond have differing standards of review. Therefore, we set forth the appropriate standard as we ...