FROM BELL CIRCUIT COURT HONORABLE KENT HENDRICKSON, JUDGE
ACTION NO. 03-CR-00085
FOR APPELLANT: Ches Clark Department of Public Advocacy
FOR APPELLEE: Andy Beshear Attorney General of Kentucky
Joseph A. Beckett Assistant Attorney General Frankfort,
BEFORE: CLAYTON, CHIEF JUDGE; ACREE AND TAYLOR, JUDGES.
CLAYTON, CHIEF JUDGE
Dewayne Haley appeals from the Bell Circuit Court's order
denying his motions to vacate his sentence pursuant to
Kentucky Rules of Criminal Procedure (RCr) 11.42 and for an
evidentiary hearing. Finding no error, we affirm.
events of this case stem from Haley's convictions,
following a jury trial in Bell Circuit Court, on one count of
murder for the shooting death of Michael Ray Dozier and one
count of first-degree assault for the shooting of Phillip
Gray. The facts underlying Haley's convictions were
outlined by the Kentucky Supreme Court as follows:
On November 11, 2002, in Bell County, Trooper Keith Baker of
the Kentucky State Police was dispatched to the home of Bruce
and Kathy Haley, regarding a reported feud between the Haley
and Dozier families. Rhonda Dozier, the ex-wife of the
decedent, Michael Dozier, who was living in his trailer at
the time of his death, provided the reason for the ongoing
feud. She stated that after she and Michael divorced in July
2001, she went on a weekend trip with Bruce Haley to
Gatlinburg, not knowing Haley was married. Michael Dozier
found out about the trip and it became a source of
"bickering" between the Dozier and Haley families.
The feud resulted in various criminal charges against Rhonda
and Michael Dozier, as well as Kathy Haley.
After referring Mrs. Haley to the county attorney, Trooper
Baker proceeded to the residence of Michael and Rhonda Dozier
in an attempt to ease the tensions between the two families.
While knocking on the door at the Dozier residence at
approximately 9:00 p.m., Trooper Baker heard gunshots from
what he described as more than one gun, and more than one
shot. He returned to his cruiser to investigate further, and
shortly thereafter encountered Phillip Gray coming off an
embankment near railroad tracks. Gray had been shot several
times in the back and left arm, and did not tell the trooper
who shot him, but did state he had been walking down the road
drinking beer and had been shot, and did not indicate anyone
else was with him.
A second officer arrived and also asked Gray who shot him,
but he also informed the other officer that he did not want
to tell, and that he would take care of it. Gray was sent to
the hospital and the officers conducted a search of the area
around the railroad tracks. The officers recovered a fully
loaded .22 caliber pistol from Gray's back pocket. They
then searched the embankment and railroad tracks where Gray
had descended from. They found a .410 shotgun with an
expended shell in the chamber and a .12 gauge shotgun with a
live round in the chamber, as well as, a live 30/30
cartridge, an expended casing or hull of a 30/30
round, and 5 expended casings or hulls of .22 caliber rounds.
They noted that the area overlooked the Dozier residence.
At the hospital, the doctors discovered a 4″ wide by
5″ long wound to Gray's left upper arm, a wound to
the armpit, and a wound in the back. A blood sample revealed
Gray's blood alcohol level was .243.
The following morning, sometime after 7:00 a.m., an area
youth discovered the body of Michael Dozier lying in the
underbrush on the embankment. He left and called the police,
who arrived at 8:27 a.m. The body was removed from the scene
for autopsy. A box with three .12 gauge shotgun shells was
found in the victim's pocket.
Dozier's body had 3 gunshot wounds: a flesh wound to his
thigh muscle, another flesh wound to the side of his kneecap,
and a fatal shot to the lower front of the chest on his right
side. There was a white crushed-up substance in his jean
pocket which was identified as hydrocodone, an opiate similar
to Loratab. Hydrocodone was found in his system and his blood
alcohol level was .217.
Appellant Haley, who was immediately charged with killing
Dozier, was arrested about 9:15 a.m. on an unrelated matter.
He consented to a warrantless search of his home. The police
collected a variety of weapons from his residence, all of
which were introduced at trial, including: a Marlin Firearms
Corp., Model 336SC .30/.30 caliber lever action rifle; a
Savage Arms, Stephens Model 89, .22 caliber lever action
rifle; a Keystone Sporting Arms, "Cricket" .22
caliber youth rifle; and a .30/.30 live Winchester round.
At trial, a KSP firearms expert testified to the variety of
guns and ammunition obtained from the railroad tracks, from
the Haley residence, and from Phillip Gray and the body of
Michael Dozier. Specifically, the expert found: (1) the
bullets removed from Michael Dozier's body were from a
.22 caliber weapon and did not come from the .22 caliber guns
carried by Dozier or Gray; (2) the spent .22 casings found at
the crime scene were all from the same gun but not from any
of the guns found at the Haley residence or at the scene; (3)
none of the guns removed from the Haley residence could be
positively identified as having been fired in the shooting of
either victim; (4) one of the spent .30/.30 shells found at
the railroad tracks had been cycled through the same gun as
the live .30/.30 round found at the Haley home; and (5)
neither of the .30/.30 shells could have passed through the
Marlin .30/.30 caliber rifle from the Haley home.
Thus, the testimony of Gray was the only direct link to Bruce
Haley's involvement in the shootings. Gray testified that
he and Dozier went up to the railroad tracks with a case of
beer and the two shotguns to watch Dozier's home. He said
they saw someone approach on the railroad tracks toward them.
Dozier yelled twice at the person, but there was no answer.
Gray testified that the individual was Bruce Haley, and that
Haley was the first to fire, and, in response, Dozier and
Gray returned fire.
Gray was approximately three feet away from him when he shot.
According to Gray, Haley put a pistol in his pants after
firing the first round, and had a rifle in his other hand.
When he saw the rifle, Gray ran and was shot in the back.