WALLACE ‘Buck’ MARVIN FUGATE III, 41 years old.

Wallace, known as 'Buck' by his family and friends, was a businessman, who owned his own construction company, employing other people. This is defiitely not the profile projected by the national press. But if you are the media, which is more "juicy", a well known businessman and helpful neighbor and friend, or the dangerous and violent man the biased and prejudicial press sought to depict him as? In every substantive news report there has been coverage of the testimony of his son, Mark's false statements (proven), but there has been no reportage of any of the good things this man had accomplished.

Over eleven years ago, Saturday, May 5, 1991, Wallace was arrested after turning himself in to the Baldwin Sheriff's Department, for the shooting of his ex-wife of 20 years, Pattie Dianne (Nelson) Fugate. There are several reports which strongly suggest Wallace is innocent of the charge of premediated murder.

At 3:45 pm on April 29, 1992, the jury, after deliberating for less than one hour, convicted him of premeditated murder. The trial itself took less than two days and was held in Eatonton, Putnam Co., Georgia.

He was found guilty of murder, burglary, and kidnaping with bodily injury, aggravated assault, and theft by taking.

His trial will make you wonder about our judicial system as all motions to mistrial have been constantly denied in spite of so many obvious trial errors and rights violations. Then you have the lead/investigating detectives taking the 5th stand. Facts prove Wallace was denied due process and a fair trial, that he was denied his right to a fair and impartial jury, and he did not receive adequate representation during his trial.

Wallace claims responsibility but has steadfastly maintained the shooting was an accident. When Pattie kicked him in his chest, instinct caused him to throw up his hands to regain balance. His hand struck the top of the van's doorframe, the result causing his gun to discharge the fatal shot (Gun had been recalled because of this defect according to firearms expert, Carl Majeskey). His right hand struck with such force it broke the small finger of that hand.



Wallace Fugate's Story
(Click on any underlined name to go to the page)


Trial counsel established Wallace 'Mark' Marvin Fugate, IV, Wallace and Pattie's only child, was not in a good position to make any credible observations about the fatal shot. He was 15 years old at the time of the accident. [State's Brief at 29; see also R1-12-Order-69] From all the evidence shown Mark was most likely no where near his parents at the time of the accident.

Wallace had no prior record, had been gainfully employed and a useful and productive member of society. He had never been on welfare, supported his family, a man who looked out for and helped his neighbors by doing numerous favors for them, family and friends, and who employed several of his family members building houses at Sabastian Cove in Eatonton. He had a friendly attitude and good work history according to his employers, co-workers, neighbors and friends. A man who loved his wife and son.

When you go over the transcripts, photos, proven facts and repressed evidence, the lost evidence, sold evidence, and all the other evidence the defense and/or prosecutor decided against using during the trial, you'll find things do not add up to premeditated murder.

Wallace and Pattie's divorce became final Oct. 10th, 1990, 6 days short of 20 years, but the couple continued to live together for approximately another 3 months, until Jan. 8, 1991. [T.570] Their divorce had been pending since January, 1990. They lived in an A-Frame home Wallace and members of his family helped build, located on Blue Branch Drive on Lake Sinclair, Eatonton, Georgia. Wallace let Pattie design their 3rd house exactly the way she wished it to be built. Whatever Pattie or Mark wanted Wallace usually worked long hours to see they were able to get it.

You can read Mark’s 5 seperate and different statements, taken over a period of time (1st hand-written) and see how each one is much different from what Mark Testifies a year later. His first statement was hand-written with every word spelled correctly... Mark could not spell very well, therefore, someone had to have told him) Although Wallace's lawyers had the proof that most of Mark's testimoney was false and they purposely did not cross-examine him on any of those statements.

Wallace was represented by lead defense attorney Reginald Bellury (AN EMPLOYEE OF THE PROSECUTOR, BRILEY, BEFORE WALLACE'S TRIAL - see Transcript), and co-counsel Leo Browne, who conducted themselves more like spectators than lawyers. Bellury had practiced law for almost 17 years in Putnam Co. and had been a prosecutor for 3 ˝ years. Browne had pacticed law for 36 years. Neither made any objections and filed just three pre-trial boilerplate motions. Browne had never read any books or attended any seminars and knew nothing about any rulings on death penalty cases.

When asked by the judge, the attorneys refused to seek funds for an investigator, any experts or any other purpose. They engaged in no plea negotiations. They did not object even once during the brief trial. They were ignorant of the law and had done away with all of Wallace's pretrial motions. Wallace was forced to file a motion himself with the court, which is on record, along with others.

Harper's Magazine ran an article from the transcript of a habeas corpus hearing held in January, 1996 to determine whether Wallace Fugate was given "effective assistance of counsel" by Leo Browne during the 1992 murder trial. (Vol. 294, No. 1765 - June, 1997 - Lawyer Without Precedent)

Both lawyers conceded the theory of defense was accidential and Browne’s "goal was to show, in the last years of the marriage, Pattie had a propensity to violence." And "that there was a history of violence, Pattie was that type of person." During the guilt phase closing arguments, Browne analogized Pattie to a "Bengal tiger," referring to the fact that she "did not fear Fugate." He maintained that, after Wallace told her to take him to the Sheriff's Department, Pattie "fought him like a tiger. He was trying to protect himself." But neither defense lawyer mentioned anything about there being any domestic upheaval nor about Pattie's character. Neither did they object when the prosecutor repeatedly called Wallace a liar during cross-examination and attacked his character, again and again. [T. 609-650]

Their only defense for Wallace was with their opening and closing arguments when Bellury, during the first argument, maintained that the shooting was a "pure accident. Extremely tragic accident.... It was a regrettable accident.... A tragic accident." Browne, during the closing argument, asserted that the shooting was "an accidental death ... an unfortunate situation, a terrible situation." He argued that Wallace had no intention of kidnaping Pattie, noting that he "deliberately tried to get to that house when she was not going to be within hundreds of miles of the place. She was going to be gone. He wasn't kidnapping Pattie." [T. 730-733]

Bellury and Browne chose not to hire even one investigator, but to investigate Wallace's case themselves as they had "discussed using an investigator" and "decided that we really wouldn’t need" one. They made no attempt to collect any records relating to any aspects of Wallace's life, such as medical, military or employment records. In fact, trial counsel ws confused as to each of their individual responsibility for contacting witnesses and gathering evidence.

Later, during a hearing, Bellury testified he did investigate the amount of trigger movement required to discharge the firearm involved, but did not investigate the alignment of the trigger or seek scientific measurement of these factors. Nothing was mentioned at anytime during the court proceesings. [Hearing of January 1996]

The only people Browne and Bellury visited were Wallace, the detectives, the murder site, the crime lab, David Hallman and Connie Roach.

(Initial Brief at pages 23-24) Both Mr. Bellury and Mr. Browne admitted they were not experts in firearms and were quite unaware of the defect of the gun and accordingly, they did not offer such evidence at trial. [R1-12-H. 74-75; 126, 219; 366-67] They could have easily contacted Carl M. Majeskey, Firearms Expert, and had him testified about the Taurus Revolver being susceptible to accidental firing since it was important because of the gun's double-action functioning and its accidental cocking defect. Plus there was the companies RECALL of the very same gun which Wallace never received a notice of since he had purchased it from a pawn shop in Eatonton. (Petitioner's Exhibit #34 - Affidavit - C. Majeskey 12/29/1995).

That the revolver was highly prone to accidental cocking was critical to the accident defense, because it explains how the weapon could have become cocked during the stuggle between Wallace and Pattie without having intended to do so. Instead defense chose to call Deputy Mize to testify about Mark's rifle, which he knew nothing about, and called Gary Theisen, Assistant Deputy Dir. of the Atlanta GBI Lab an expert on the pistol [Ex #42-A, 42-B].

Articles have been written that Wallace asked to hold the pistol to show how easily it would fire. This is not true. [T. 621-622] Wallace wanted to show only how he was holding the pistol during the struggle with Pattie. After he did so, Briley said, "while you've got that pistol in hand, do something for me, squeeze that trigger and make the hammer come back and go down..."

The lawyers did not try to contact any witnesses until early April for a trial that began at the end of that month, IN LESS THAN 30 DAYS. To the limited extent that counsel attempted to contact witnesses, they attempted to do so by telephone calls or form letters, several of which began with misdirected salutations. They did not memorialize in writing what they learned from the few people to whom they spoke. Affidavits were given from quite a few people who were on that list, stating they had never been contaced by anyone UNTIL ABOUT A YEAR AFTER THE TRIAL.

At the penalty phase, the prosecutor did not make an opening statement and did not present any witnesses. Wallace's attorneys made no opening statement but did call 4 witnesses, not any of these people were on the list Wallace gave to his attorneys: Mary Fugate, Wallace's mother; Wayne Hatcher, Wallace's niece's boyfriend; Elmos Hendrix, Connie Roach's neighbor; and Deborah Shepherd, Connie Roach's sister. These witnesses testified generally about Wallace's work history, character, and non-violent nature. Why the lawyers chose these witnesses among all the other people who would have been willing to testify for Wallace has never been answered when he gave his attorneys a list of names of people to contact. [T. 768-788]

Mary Fugate spoke of how you "could not place any value in anything Pattie ever said, since she lied all the time", the judge stuck it from the record and Mrs. Fugate was not allowed to continue or state anything negative against Pattie's character. Mary also testified Wallace was "an obedient child" who had never been in trouble, a good father, was not violent, had always worked, and that his marriage to Pattie had been stormy.

Wayne Hatcher testified he had known Wallace for about 4 or 5 years and thought he had a "rather well character." He had heard from Jennifer Fugate, his girlfriend and Wallace's niece, that Wallace "harassed" his ex-wife, but he also stated he had never known him to be physically violent or seen him commit any violent acts. Jennifer Fugate was not called to testify as she would have stated how Pattie kept and spend her paychecks she earned while working with Pattie at Hallman's the month she lived with her. Mary Fugate was paying Pattie to let Jennifer stay with her for the rest of the school year. After she found out Pattie was not letting her have her paychecks she made her come back home. Jennifer would have also admitted the harassment she had told Hatcher about was nothing she ever saw, only what Pattie told her had happened.

Elmos Hendrix of Milledgeville, testified he knew Wallace because he lived in the neighborhood and had "done some good work for me" and one of his neighbors and a "mighty quiet and a mighty hard worker."

Deborah Shepherd testified she had known Wallace for about 1 1/2 years, he was "very polite, ... very good with the kids and they really liked him, they got along with him," and she had never known him to be violent.

Because of all the pre-trial publicity this trial should have been moved to another county. If for no other reason, the false "horror stories" The Eatonton Messenger ran should have been enough to call for a change. This was Eatontons only newspaper and it came out weekly. People read the false stories of where Wallace supposedly blew the side of Pattie's head off with a shotgun, to him beating her beyond recognition. Even the Macon Telegraph falsely stated she was shot with a shotgun!

Wallace, as a self-employed contractor, had completed several construction projects for J.D. Hallman and worked many hours building houses in and around Putnam County.

Pattie worked full-time with Wallace until after they build the Plant Shop for J.D. Hallman at Hallman’s Wood Products. Then Mr. Hallman asked Pattie to come to work for him with Mark working there part-time. Hallman’s was the only place in Putnam County to go if anyone wanted to purchase building products, garden items, plants and flowers. Pattie had also started working part-time at The Eatonton Messenger.

The majority of residence of Putnam County knew, or had met at least one of the Fugate family members. Both Wallace and Pattie were Lake Sinclairn Volunteer Fire Fighters and helped raise the funds and contributed the most time in building the firehouse located at Twin Bridges. Pattie was a former den mother for the Boy Scouts while Wallace volunteered his help in all their many projects, donating his time and free materials to remodel the scout house, driving them to their destination, or doing whatever was needed. Wallace was also very well known in the community for the houses he built and remodeled, while employing several of his family members.

Wallace moved out of the family residence in Jan., 1991 and into a trailer belonging to J.D. Hallman, located directly behind Hallman’s. Wallace was having problems with Pattie going to the trailer. J.D. Hallman, was informed of this occurring and talked to Pattie about it on at least one occasion.

Because of the difficulty Wallace was having with Pattie, he asked Sheriff Resseau for advice on how to handle the situation. The sheriff told him to move out of Eatonton or one day Pattie would get a judge to finally believe the stories she was saying and he would have no option then except to lock him up. [T.573] Taking his advise, Wallace moved to Milledgeville, in with Connie Roach, and her two daughters. Wallace had not changed his mailing address so continued to receive his mail at Hallman’s trailer.

Weeks and days prior to the accident Mark had asked his father several times to come to the house and fix the Mustang, a 15th birthday present Mark has asked for, which was to have been turned over to him on his 18th birthday. Wallace refused to go to the house while Pattie was anywhere around, unless someone else was with him as Pattie had taken out a restraining order about a month earlier. In the Restraining Order the judge ordered the two to stay away from each other as there was to much conflict when they got together.

On April 27th, Wallace and Connie went to Hallman’s to see David Hallman as they wanted to talk to Pattie about taking Mark to Florida with them on vacation. Mark was not working that day, having stayed in town to get a haircut, he was then going to Thomas Video Store & TV Shop. [T.574] David waited with them in the plant house while Pattie tried to call Joe Thomas but never could get an answer. Pattie told them they could and it would be no problem. Wallace told Pattie since he and Connie were going into town anyway they would stop by Joe’s and talk to Mark themselves.

When they arrived at Thomas Video Store & TV Shop Mark again asked his father if he would work on his car and told them that he and his mother would be gone to South Carolina the coming weekend, staying with Steve Fields, Pattie’s boyfriend.

Pattie's employer, David Hallman, in his pre-trial interview with the defense attorney, said he had "believed until that Friday ... Patti would be off that weekend ... but ... that he told her she would have to work" and "because another employee would not work for her and had changed her plans only at the last minute." [State's Brief at 26-27; see also R1-12-Order-53, Initial Brief p. 19-20] [R1-12-H. 67]

This is consistent with Wallace's testimony stating he had received a note to that effect from Pattie and thus, when he went to the home, he had no reason to anticipate she would even be in town. But during the trial David Hallman testified only that "Pattie and Mark did work that Saturday until 4:00 pm, that she worked on most Saturdays, that to be away on a Saturday she would have to clear it with him first and find a replacement, and that while he recalled her mentioning something about being away that Saturday, he remembered no details. [R1-12-T. 406-08] Defense counsel made no reference to his earlier statement even thought they realized how crucial this fact was for Wallace’s defense.

Hallman was also called as a juror for this trial. He was dismissed after stating he had "already made up his mind" about the case.

Wallace asked Mark about going on vacation and he could bring alone his friend, Wendall, again. Since Wallace did not want to take the chance Pattie might have him locked up for kidnapping upon their return, he asked Joe’s wife to put a call from to Pattie on their speaker phone. This way there would be witnesses to hear her give consent for Mark to go on vacation with him and Connie. The people present and hearing this phone conservation were: Joe Thomas's wife, their oldest son, Wendell, Connie, Mark and Wallace.

When Mark asked Pattie if it was alright for him to go on vacation to Florida she told him that his father had not been paying child support and he would molest him if he went off with him. Then Mark told Pattie she was on the speaker phone and she promptly hung up.

Mark got angry at Wallace and would not believe he had paid all child support payments (bi-weekly) through the Sheriff's Department, even when he was taken out to Wallace's truck and shown all the receipts and told all he had to do was call the Sheriff's Department for verification that Pattie had to pick up the child support money at the dispatcher's office. Wallace also told his son he had already given his mother money to have his car repaired but Mark chose to believe only what his mother always told him.

That day was also the first time Wallace heard some other stories Pattie had been telling Mark. He was suppose to have been raping and beating her; harassing her all the time; trying to run her off the road; stealing lumber from their residence, blocked her in the driveway; and threatening to kill her if he ever got her alone. Mark stated during the trial he attempted to keep them [Wallace and Pattie] from leaving because he "knew if he left with her, he'd kill her." David Hallman had called Pattie into his office and chewed her out about telling all the lies and even went to court with Wallace to make sure she didn't tell them in the courtroom.

Mark testified he never saw his father after the divorce. It could easily have been proven he had, in fact, visited with his father several times, not to mention the above meeting in the video store, there were also a few arranged visits that took place with the Sheriff's help and against Pattie’s wishes. Wallace also owned the lot adjacent to the one the residence is sitting on. He and Connie would go there on the weekends since they were clearing it in order to build a house. There is only about 75 feet from his lots property line to the edge of the Fugate's residence. Several times while they were out there working Mark came over and talked with them. [T. 485 and Mark's 4th Statement 6/26/91]. These photos were taken while standing on, or at the very edge of Wallace's adjacent lot Outside #2-34 and Outside #1-35.

On May 1, 1991 Connie, her two daughters, and Wallace, went to the trailer to collect his mail, only to find Pattie had left another of her numerous notes. This one written on a piece of yellow legal paper, saying she and Mark would indeed be staying in a motel in South Carolina with Steve Fields the coming weekend. The note also included the name and phone numbers where they could be reached.

Saturday, May 4, 1991, Wallace headed toward Eatonton in his antique 1957 Ford. As it was a cool morning he donned a plaid flannel shirt and had the note from Pattie in his wallet. He intended to see his friend, Charlie Boyd, before he left for work, then on to the Sheriff's Department to see about a bad check. Boyd lived on Bear Creek Road near Twin Bridges. His residence is located about 1/2 mile from the Fugate residence.

The prosecutor said Wallace was lying as there was no note, and no flannel shirt [State's Exhibit #23], saying Wallace took the phone numbers off a notepad near the phone. Check out all the photos taken inside the residence and you will see no notepad lying anywhere near the phone. By the time the trial took place Wallace’s keys, shirt and note all were conveniently missing. The van was sold in less than 1 month after the accident. Neither the shirt, note or a pocket knife were listed as being among Wallace's possessions after his arrest. Defense attorneys could have easily proven the shirts existence since it is clearly seen in photos taken of the van's interior.

At an evidentiary hearing, defense attorney Bellury said he did not consider the note or the flannel shirt significant pieces of evidence because he felt that "the evidence pretty much showed that he believed she [Pattie] would not be there [at the house]."

Wallace’s car broke down on Hwy. 212 at Lowe Road, NW, just inside Baldwin County. After taking his Taurus Revolver out of the glove compartment and placing it in his back pocket for fear it would be stolen and which he had a gun permit for that did not expire until 6/91. He started walking approximately the 6.9 miles to Kee’s Grocery, located at Intersection Highway 212 and Twin Bridges.

After walking approximately 1/4 mile, a couple on their way to Atlanta, gave Wallace a ride to Kee’s Store. They dropped him off and he again started walking. He didn’t go very far before the man who owns the dairy, located behind the Kee's Store, recognized him and took him to the marina at Twin Bridges. From there he tried to call Boyd on the outside pay phone but it was, as usual, out of order. Since they were good friends he knew Boyd would pull his car over to the house so they could work on it. The telephone being out of order and all questions pertaining to the residence phone bill were answered by George Sims, GTE Special Agent with CONTEL Telephone. Briley asked Sims about the telephone being out of order at Kee's Store instead of the pay phone at the marina at Twin Bridges since that was the one Wallace really used. Wallace's attorneys did not question Sims about this either.

Wallace went inside the store at the marina he bought a drink and candy bar and asked the woman if he could use her telephone. Still getting no answer at Boyd’s he decided to walk since it was only about 1/4 mile away. When he got there he found no one at home. Not wanting to take advantage of their friendship, even though Boyd had given permission for him to borrow his truck anytime, Wallace decided to walk and maybe hitch a ride into town. As no one came by to hitch a ride with by the time he came to the road leading to the Fugate resident on Blue Branch, he thought about Pattie and Mark being in South Carolina and figured it would be as good time as any to see if he could repair the Mustang.

When Wallace arrived at the residence he needed to use a telephone so he could call and get his prized antique car towed so no damage could be done to it. He went to the neighbors, Earony Baker, but she wasn’t home. Then he went across the residences lot, across his own lot joining the residence lot, and on to the other neighbors house, Thurston Veal, but found him not to be at home either. Drawing of layout and photos taken outside of the residence.

Since Mark had told his father he thought the Mustang's problem might be his battery, Wallace had taken one of his boat’s marina batteries to his adjacent lot and placed it under a tarp that covered a hay pen. He had intended for Mark to use the battery to bring the car to his house so he could work on it later. The G.B.I. tried to prove Wallace had purchased a battery but could not as he never bought any battery from Sandra Young, owner of Twin Bridges Landing. Young stated she sold a battery to "a man" who took it outside to "try in his car before buying it" and Wallace had walked for miles before arriving at the Twin Bridges Landing.

Pattie had given Wallace keys to the van and house before all the conflict started, about 3 months earlier as she had borrowed his truck to pull the horse trailer with and they exchanged vehicles several time after that. Even though he knew he didn’t have permission to be there, he used the house key and unlocked the sliding glass leading into the living room, off the deck that is facing the lake. This was around 9:00 am. He could not slide the door enough to enter as there was a rod in the track keeping the door from sliding all the way back. But enough for him to lift the door panel out of its track and enter the house. He used this means to come and go during the day while he worked on the Mustang.
Any sliding glass door panel can easily be lifted out of its frame if it is unlocked and this fact could have been proven if the defense had asked any carpenter or construction worker. (Photos Inside Of Residence)

Deputy Mize admitted he had let Mark take keys off Wallace's keyring. The house key and van keys Pattie had given Wallace, Mustang key, and also Connie's house keys, all went missing. [T. 454]

Prosecutor Briley stated Wallace gained entrance through the basement's game room window by using a pocketknife and pushing back the lock. This window was fingerprinted and no prints were found. [T. 457-464] There was no pocketknife listed in the poscessions Wallace had on him when he turned himself into the Milledgeville Sheriff's Department. Would it make any sence for him to throw away a pocketknife but keep a gun?
Photo of the Waiver & false statement that Mansfield and do away with it as they could not use it".

The photo of the small break in the game room window Prosecutor Briley said Wallace gained entrance by looks more like it might have been done by a pellet gun. This is the only photo the jury saw (
Exhibit17) and the one Deputy Mize stated he took at night and while it was raining. Anyone would think this was true, unless they were shown the Second Photo of this window that was taken at the same time but not shown at the trial. You can clearly see the sunshine and the trees outside.

Wallace's lawyers did not bring up the fact this very same window had security pins inserted on each side of the frame by Wallace himself. The windowpane would have to be broken out in or a hole would have to be big enough for someone to fit their hand through in order to take those pins out before every being able to get in the residence through that window.

  • THe back of a pinball machine was ALWAYS placed in front of this window for security reasons also. Plus the rug that is shown hanging on the wall beside the window, was ALWAYS hung across this window to keep the sun off the back of the pinball machine.
  • In another photo (Game Room #7) not seen at the trial, which also shows sunlight, you see the pinball machines and rug have all been moved from their normal positions. Anyone going into the basement can tell you this was not where these items ever had been located.
  • The electric floor fan seen in several photos taken of the inside of the residence, has been moved from the top of the basement stairs and is now sitting on the game room floor.
  • The carpet is clean although several people were supposed to have been tracking in and out on a "raining, storming night".
  • Take a close look at all the photos taken inside the residence and you'll see which ones were possibly taken that evening and which ones were clearly taken during the. While some photos were taken on May 7th, some were not taken until three days later, after the crime scene had been altered, and some were not taken until two months had past.

  • A very important fact, not brought up by Wallace's attorneys, is the living room wall of windows faces East. Therefore the sun CAN NOT AND NEVER DOES shine that far inside the room unless it is around 10:00 am in the morning (Crime #11b) (see sun on carpet) . And we are supposed to believe that these photos were taken the "stormy" night of May 4, 1991.

  • Prosecutor Briley told the jury the photos he was showing them (Exhibit #11 and Exhibit #17) were taken on the evening of 5/4/91. Wallace's lawyers did not bring it to the jurys attention that the one showing Mark's rifle laying on the living room floor could not possibly have been taken at night (Exhibit #11). Deputy Mize testified, after taking his photographs that evening, he had taken this very same rifle to the Sheriff Department and locked it up. If he had done so, then how could you possibly see it plainly laying in bright sunlight and with the supposedly "missing" plunger still attached? The same plunger that three people testified they found at different times and on three different dates?

    According to the Telephone Bill and Wallace's testimony, one of the first things he did was push the redial button, just from the heck of it, to see who the last person was called from the telephone.

    He also wanted to be sure Pattie and Mark were definitely in South Carolina and could not come in on him while he was at the residence. He took the note out of his wallet and called the motel where they were supposed to be, using the numbers on the note Pattie had left in his mailbox. When the desk clerk rang the room number and no one answered he just figured it was still early and they had not arrived yet. After making the call he placed the note inside the pocket of his flannel shirt.

    He then called Taylor’s Towing Service, this time getting Lon Taylor on the phone. He asked him to tow his car and told him he would come by the next day to pick it up. If Wallace had planned on killing Pattie it is most unlikely he would not have told Taylor he was going to be seeing him the next day.

    While on the phone with Taylor, Wallace saw his name on some of the mail which was on the dining room table. The phone he used is located at the end of the living room couch and only a couple of feet from the dining room table (Layout Of Residence).

    After completiion of the call he went through the stack of mail and found some important mail he'd been expecting but had not received. No one seemed to be able to answer the question as to what happened to his mail.

    Connie Roach testified the jail personnel gave her some of Wallace’s clothes he was wearing at the time of his arrest, but neither the flannel shirt, his jacket, nor the note from Pattie were ever to be seen after the photo was taken showing them inside the van. And Deputy Mize already stated he had given Mark his father's keyring and let him take what keys he wanted from it.


    During the time Wallace was at the residence, he made four more phone calls. Stopping after Steve Fields finally answered. Wallace hung up without saying anything as that let him know Pattie, Mark and Steve were all in South Carolina.

    Wallace never made all the calls shown on the telephone bill even though it was implied he had. The total bill for his six calls came to $.82 cents. The telephone bill itself verifies who he called and what time of day each call was made.

    He decided to go and check out the car before going through all his mail. Going to his adjacent lot, he took his battery and placed it in the Mustang. THe car still would not start so he checked it out, finding the manifold loose and the gasket missing, which had burnt up the starter.

    It took around five hours before Wallace finished doing all the work he could to repair the Mustang. At that time he went back in the residence, washed his hand, placed the sliding glass door panel back in its frame, and started reading the rest of his mail.

    Wallace notice even more of his mail laying on a server, beside the dining room table, along with one of his checkbooks and several bank statements. Other papers which were supposed to have been locked inside of the trailer he was renting from Hallman and which he did not realize had even been missing.

    It was around 5:30 pm Wallace finished going through all his mail and decided to leave. After looked around to make sure nothing was out of place, he picked up his revolver and went to the front door.

    As he got to the door he heard the van pull up. The van would have been directly on the other side of the door in order for Wallace to have heard the motor. Because of a severe hearing loss he wears a hearing aid in each ear. Scared of being caught inside the house, Wallace went down the basement stairs and into the game room, thinking he would sneak out that door and avoid a confrontation. However, the door had too many locks on it and Wallace realized he could not get them all unlocked since he heard Pattie and Mark’s voices coming inside the house. Therefore he thought all he needed to do was hide until they were gone as they probably would not stay long. He went into the downstairs bedroom and then on into the bathroom and waited. As the rooms were dark he knew he could not be seen.

    Mark testified when he and his mother pulled in the driveway they noticed his Mustang "was backed halfway out of the garage" and "the hood was up" and "there was a new battery in it and a charger was hooked up". Mark had made an earlier statement "he saw his father's car keys in the ignition of the Mustang" but during the trial he testified he heard keys rattle and why he knew his father was downstairs.
    Crime scene photos of the car have been tampered with since they show the Mustang moved back into the garage. There are no battery cables shown as the battery was not being charged and would not have needed it if it were a new battery. The prosecution investigated the stores nearby but found that Wallace had not bought a battery. Prosecutor Briley used this trying to pmake out like Wallace had planned on going to the house, which was not true. No one would even think about carrying a battery the distance from the Young's store to the residence. The battery Wallace placed in the Mustang was one he had out of one of his boats and stored on his adjoining property, intending to let Mark know so he could bring the car to him to work on later.

    Mark further stated that upon entering the residence Pattie "called the police and the line was busy, and then she called my aunt, Vicki [Vickie]."
    Pattie wasn't scared of Wallace, and the telephone bill proves she NEVER tried to call the sheriff's office. Either Mark made this up or Pattie just told Mark that.

    Mark said Pattie told him to go downstairs and put the clothes in the dryer that had been washed that morning. "We put our pants and stuff that we were going to wear up there in the washing machine." [T. 469] But then stated he knew nothing about going to South Carolina until around noon of that very day, when Steve Fields called them at work. Steve Field's statement reads the trip had been planned at least a week before but Pattie had to work at the last minute and would not be coming up on Friday but wait until after she finished working on Saturday evening.

    Mark started down the basement stairs but upon hearing a noise that sounded like keys rattling, "I ran back upstairs and got my gun (Glenfield Semi-automatic, .22 caliber, Model 75, Serial #71571032) and proceeded back downstairs", and ordered Wallace to come out.

    Wallace heard Mark running down the steps as they are located directly behind the bathroom wall where he was standing. Then he saw the light filter in when Mark flipped the lightswitch in the game room, located beside the door leading to the outside.

    When Mark first ordered him to come out Wallace thought he was just guessing someone was down there. It is very well understandable Wallace was not able to detect the sound his keys made because of his hearing disability. After Mark ordered him out the second time Wallace thought he best own up and have them take him to the Sheriff’s Department. Since Pattie was forever threatening to have him locked up anyway, now was her chance.

    Wallace came out of the bathroom and on through the bedroom. He was still holding his revolver in his hand. "After I seen him, I told him to get out. And when he walked around the corner [the doorway], I proceeded to shoot him, but it was empty. I proceeded to shoot him, but the gun just went click. There was no bullets in it.

    On Cross examination [T. 484, line 24] Mark stated he, not Wallace, had taken the bullets out of his rifle, two days before and put them by the sliding glass door. Photos taken in the living room shows one box of bullets under the phone. Another box of bullets is shown on Mark's desk in his loft bedroom.

    Mark also stated Wallace changed the station Mark's radio was on. With his hearing disability, he wears a hearing aid in each ear, Wallace would have turned on the radio, clearly shown sitting on the living room floor, by the stairs, if he had wanted to listen to a radio. He would not have been able to hear the one up in the loft if he was downstairs in the living room without turning it up to full volume.

    Wallace contends Mark never tried to fire the rifle and he never heard Mark threaten to shoot him, but he was pointing his rifle at him the whole time and seemed very scared.

    Briley used Deputy Mize as an expert on this rifle. It is obvious Mize knew absolutely nothing about it since he stated "without the plunger in the rifle she would not fire." [T. 447] This type and style of rifle will not click just by pulling the trigger, even with the safety off. This rifle was designed in such a way the trigger will not move until a round of ammo has been chambered. The plunger rod serves two functions:
    1) it holds ammo in when you point the barrel down;
    2) the most important function on a II shot semi-automatic, the spring in the plunger keeps pressure on ammo so it can be repeatedly fired as fast as one can pull the trigger. Without the plunger one can fire the rifle only as a single shot, not as a repeater. In any event this rifle must be cocked before one can ever pull the trigger and Wallace never saw Mark cock the rifle even once the whole time he was holding it.
    Fact is the plunger DOES NOT NEED to be in this rifle for it to fire, only for repeat firing.

    Wallace could not have "brushed" past Mark when he went up the stairs as Mark was beside the light switch on the other side of the room, 12 FEET AWAY.
    (see Photos Inside Residence)

    Wallace went upstairs and into the bedroom where Pattie was on the telephone talking to her sister. Unknown to Mark, Pattie was at this time talking to Billy Croker, a friend of his who had called in on the second line. Wallace "mashed" down the receiver and asked Pattie to take him to the sheriff’s office, thinking this would defuse the situation. [T. 594]. Seeing her looking at the gun, he had forgotten was still in his hand, he took both hands and was in the process of trying to get the gun in the back pocket of his jeans. Before he realized what was happening Pattie attacked him and he lost his balance and they both landed on the floor scrambling for the revolver.

    Mark testified when Wallace saw Pattie on the telephone, he grabbed her and started beating her with the butt of his gun. [T. 475]

    Vickie McCarty and Billy Croker's testimony from what they each heard on the other end of the phone proves Mark's testimony as being false. Unless someone could have been 'beaten with a revolver' and not scream from pain. (See Billy Croker's Statement, See Vickie McCarty's Statement).

    Not one drop of blood found anywhere inside the house. If someone was repeatedly being beaten with a gun there surely would be some blood somewhere to be found, especially on the gun with all the high-tech testing it was put through. (See Lab Report). Wallace’s attorneys did not question either of these statements.

    Then Mark testifed he hit Wallace with the back of his rifle. Wallace have received some kind of serious injury if Mark had hit him with his rifle?. Another false statement that went unchallenged.

    Mark also testified Wallace grabbed Pattie by the hair and started dragging her out of the house. [T. 477] (See Mark's 1st Statement). Pattie surely would have lost a lot of hair if this were true but no abnormal amount of hair was found inside or outside the house. Nor was this statment challenged by Wallace's attorney.

    The two continued struggling and fought their way out to the van. Pattie and Wallace fell down several times during the struggle with both of them fighting for possession of the pistol. Mark stated that his mother continued yelling for him to shoot his father. [T. 598-599] (See Mark's 5 Different Statements).

    As they came down the end of the hall and near the steps leading up to Mark's loaft bedroom, Pat grabbed for it [the gun], and when she done it, she grabbed the trigger and it shot off right into the floor" [T. 597].

    Mark testified he ran around the corner [kitchen] and his father pointed the gun at his face and when he stepped back the gun when off. Then he turns right around and says he “thought” Wallace had shot Pattie? [T. 476].

    It is proven from this crime scene photo [Crime #5], the gun was pointing away from the steps leading up to Mark's bedroom, not toward the kitchen area where Mark stated he was standing. Bullet hole is near the couch and telephone stand. Kitchen is off to the right as shown in the layout of the residence. Bullet entered the floor in a downward motion, not up in the air and definitely not toward anyone.

    Mark also falsely stated, not only was Wallace struggling with Pattie, stepping on her throat to hold her down, "the gun was in my face when it went off", and then stated Wallace fired the pistol into the floor to scare Pattie. [T. 476]. Autopsy Report proves there were no bruising on her neck area. Wallace had on heavy hiking boots that day and those would have caused heavy bruising if he were stepping on Pattie throat.

    Even after the revolver fired, scaring both Wallace and Pattie, they continued fighting, falling and getting back up until they got outside to the van. While they were struggling in the entrance room, coming in the front door, Pattie "fell on top of me, most of her body fell on top of me, her head hit the floor right beside me..." "and she fell toward me, and she hit her head, her right hand side hit the floor first, and that is the bruises that you see on her head [forehead] right there.". He pushed her back, up and away from him and evidently she hit her head on something sharp amoung all the junk located in this area, causing the gash on the back (not top) of her head. When you are hit with a blunt object, such as the smooth butt of a pistol, it will break open but will not tear in a zig-zag formation such as this cut shows. [T. 597-601].

    It was not mentioned at the trial Mark did get on the telephone and told his Aunt Vickie, "Vicky, my daddy has my mama, call the Sheriff's Department."
    THIS DETAIL IS VERY IMPORTANT since there was only 2 MINUTES from the time Mark talked to his aunt to the time he called the wrong number, thinking it was the Sheriff's Department. Definitely not enough time for him to have run outside and thrown 'trash' in the driveway, watching his parents from inside the house, and also be in the back of the van watching everything.
    Only 5 MINUTES PASSED from the time Pattie called Vickie to the time Mark called to report the shooting. And only 2 MINUTES PASSED from the time Mark told Vicky to call the Sheriff to the time Mark called to report the shooting.
    05:26 pm... 03 Min... 912-994-5814... Forsyth, GA... Vickie McCarthy (Vickie hung up when Mark told her to call Sheriff at 5:29 pm)
    05:31 pm... 02 Min... 404-485-7558... Eatonton GA... Mark dialed wrong number
    (See Telephone Bill).
    There was just not enough time for Mark to have done everything or been in all the locations he said.

    (See Photos taken inside the residence
    ). Photos were not taken until the early morning of 5/7/91 when Mize and GBI met Mark at the residence as the sunshine clearly shows.
    But these are the very same photos Deputy Mize stated he took on the stormy 'NIGHT' of May 4th, 1991.
  • The area of the house leading outside was littered and stacked with multiple 'junk', boxes and other items that caused both to substain bruises and cuts. Note how clean the carpet is even though the photos were supposedly taken on a rainy 'stormy' night. No mud, dirt, twigs or etc. anywhere to be found... carpet has been freshly vaccummed throughout the house. The crime scene had been obviously altered before photos were taken.
  • Basket beside telephone is no longer running over,
  • Fan moved from top of stairs and to the game room,
  • Sunlight seen on the living room carpet. For sun to be in this area of the living room the photos had to have been taken around 10:00 am in the morning. At no other time during the day does the sun come that far into the room.

    Wallace testified when he was finally able to get Pattie inside and seated in the van, he leaned in so he could check out the blood on her hair, still holding the pistol, was placed on the top of the back of the van’s drivers seat and his left was on the van’s drivers seat. At that time Pattie laid back, grabbed the steering wheel and arm rest to the seat, drew her legs up and kicked him as hard as she could with both feet in his chest, catching him off guard. Trying to keep his balance he threw his hands up. When he did his right hand hit the top of the door frame and the gun again discharged.
  • The blood seen on the napkins located between the seats of the van, in front of the console area, is from the back of Pattie's head where it lay after she had been shot, not blood splatters. In other photos taken of the van Wallace's shirt and these napkins HAD BEEN REMOVED from within the van. These altered crime scene photos were the only ones shown the jury. Wallace did not even know of their existance until after the trial. Not sure if his attorneys knew of these photos, if so, they did not bring up anything about them nor let on to Wallace they knew of their existance.
  • This model of gun was recalled by the manufacturer because of its double-action functioning and highly prone to accidental cocking.
    See Carl M. Majeskey, Firearms Expert [Petitioner's Exhibit #34 - Affidavit - C. Majeskey 12/29/1995]

    Mark testified Wallace kept “beating her and beating her, over 50 times" with the butt of the pistol and "banging her head on the van".
    The pistol was put through high-tech testing at the crime lab. No blood was found on any part of the gun. The numerous test would have detected traces of blood even if it had been cleaned.
    The Autopsy Report goes along with what Wallace testified and disproves Mark's testimony.

  • He also testifies Wallace got Pattie into the driver’s side of the van. But, just a few minutes later he states "Wallace was not able to get Pattie into the van so he tilted her head back and shot her, dropped her body to the ground and drove off."

    Pattie was seen by the two EMTs (Amerson and Lowe) sitting on the ground and a young man was coming out of the house. Mark was not sitting beside Pattie. [T. 498]
  • The photo the prosecutor showed the jury was the photo of Pattie's face, taken right after she was removed from the body bag at the autopsy lab in Atlanta. Thus leading everyone to think Pattie was beaten badly, not explaining all the blood was from her being moved around in a body bag, causing pressure, forcing blood which had collected in her lungs to exit from her nose and mouth.

  • The fact that 7 drops and 1 smear of blood matching Pattie’s blood type, were found and photographed inside the van, definitely places Pattie inside the van.

  • The bullet entrance was on the wrong angle for Wallace to have used his left hand to be holding Pattie’s head back and shooting her. The location the bullet entered would have been in the exact same place his hand would have been, and therefore rules out Mark's statement above mentioned statement. Or are we supposed to believe Wallace shot at his own hand?
    The overall direction of this wound was front to back and in a downward motion with a slight right to left angle. The location of Pattie's head being in front of the van's console fits Wallace's testimoney of where she was laying after being shot. Blood shown on the napkins laying on the floorboard of the van shows this to be true. But in every photo taken after this first one, you DO NOT SEE THE NAPKINS, NOR WALLACE'S SHIRT. They were taken out, altering the crime scene and should have disqualified them altogether.

  • Another photo used also showed Pattie with blood on her face. Wallace did not know where Pattie had been shot because there was no blood on her. If someone dies instantly no blood will flow from the body. This was the reason he did not know how bad she was hurt but after checking for vital signs he got scared and "laid her on the ground and I got up, picked up the pistol and I jumped in the van and I left."

    During the trial Mark stated he did not move Pattie althought Prosecutor Briley stated: "AND HE [Mark] MOVED HER, he picked her up and held her body and checked her for signs, vital signs. And I do think the jury is entitled to know, and this will be a critical matter, is what position her body was in – what position she was in as she was shot, what position she was in immediately following the shot and we will have to rely on him for this." [Certificate Number B-852 - Ocmulgee Judicial Circuit, page 8, line 16-22]. Even thought this was crucial to Wallace’s defense, Mark was not crossed examined on this account?

  • The Autopsy Report states: One blunt-force (2" zig-zag> laceration on the back of Pattie’s head (a result from their sturggle?), a bruise on her forehead (2" round, result from falling on top of Wallace during their struggle), minor bruise on her right shoulder, other minor bruises on her arms and legs, and the fatal bullet wound in the forehead. Dr. Randy Hanzlick, the medical examiner, noted in the Autopsy Report "there is no gunshot residue on the forehead, there is no charring of the wound, and there is no gunshot residue in the depths of the wound track.... this is a distant gunshot wound."
    Wallace's lawyers also failed to contest critical and questionable aspects of the prosecution's case. Hanzlick recorded in the report this was "a distant gunshot wound" he testified at trial that the barrel of the gun could have been close to Pattie's head when it was fired. [R1-12-T.538] The defense lawyers failed to bring out that Hanzlick had twice written in his report that the gunshot was "a distant gunshot wound."

    It was written in a couple of article if you looked at a photograph taken of him [Wallace Fugate, Exhibit #33] shortly after his arrest, you could not see any visible cuts or bruises. Although that is true, the photo being referred to was taken quite a distance away and impossible to see any details from that distance. Wallace was examined by a Dr. Jones of Eatonton. He had a broken finger from the force of the impact when his hand struck the van’s door frame, making the revolver acidentally discharge. Examination and and notes Dr. Jones took of Wallace were not brought up in court, nor was she ever asked to make a statement.

    I have purposely left off photos of Pattie out of respect for her and her family. I have received emails from some people being upset that I will not post them. There is no need to email me as I will never post them for the public's view. The only photo I have posted is the one on a memorial page: "In Memory Of Pattie Dianne Nelson Fugate".



    The following is the testimoney of Wallace Fugate
    (1 hour, 5 minutes)

    Pages 569-607
    COURT RECONVENES WEDNESDAY, APRIL 29, 1992 AT 8:55 am


    THE COURT: Good morning, ladies and gentlemen. Let the record reflect all members of the jury are present. Defendant and counsel are present.
    Mr. Bellury, call your first witness, please.

    MR. BELLURY: I call Mr. Wallace M. Fugate, III to the stand.

    THE COURT: Approach the bench with your client, please.

    (Whereupon, bench conference is held between the Court and counsel as follows:)

    THE COURT: You’ve explained to Mr. Fugate that he has a right to testify or not testify as he desires. That if he does not testify, it can not be held against him or mentioned to the jury in any way. That if he does elect to testify, his testimony is subject to cross examination like that of any other witness. Have you explained these facts to him?

    MR. BELLURY: I have done so, Your Honor.
    Wallace states that Bellury told him he had to testify, nothing more.

    THE COURT: Do you understand those facts, Mr. Fugate?

    MR. FUGATE: Yes, sir.

    THE COURT: Do you still desire to testify?

    MR. FUGATE: Yes, sir.

    THE COURT: I find that he is aware of his rights and that he may testify.

    (Whereupon, bench conference is concluded.)

    WALLACE MARVIN FUGATE, III
    Witness having been duly sworn
    Testified on
    DIRECT EXAMINATION

    BY MR. BELLURY:

    Q. Wallace, do you – do you normally go by Buck or Wallace?

    A. Most people that knows me calls me Buck.

    Q. All right. Well, I’ve been calling you Wallace, you don’t mind if I call you that. . .

    A. No, it’s my name.

    Q. . . .or keep on calling you that? I’ve been used to doing that. Okay. Wallace, you were married for how long to Patty?

    A. Liking six days being twenty years.

    Q. You were divorced on what day?

    A. October the 10th, 1991 – 90.


    Page 571

    Q. And, how long had the divorce action been pending at the time of the divorce? In other words, how long had you. . .

    A. It was filed on January the 8th, I think. I’m not positive about that figure. And, it wasn’t final until October the 10th.

    Q. How, did you and Patty have just one child, Mark?

    A. Yes, we did.

    Q. At the time that the divorce was final, were you and Patty living at Blue Branch Road?

    A. Yes, we were.

    Q. That’s the house where the incident occurred?

    A. Yes, we were.

    Q. What is your occupation?

    A. I’m self-employed. I’m a contractor.

    Q. Okay. You build houses. . .

    A. Yes.

    Q. . . .or renovate houses, that sort of thing?

    A. Anything to do with any type of building.

    Q. Did you, in fact, build the house that you and Patty were living in?

    A. Yes, I did.

    Q. When did you build that house?

    A. I can’t say for sure. I didn’t keep up with no time.

    Q. Roughly, how long have you been there?

    A. Six or seven years.


    Page 572

    Q. All right. After you and Patty were divorced – the divorce was in October of 1990, is that correct?

    A. that’s correct.

    Q. Did you and Patty continue to spend – to live together any at all after that period of time?

    A. Yes, we did.

    Q. For how long did you live together?

    A. Well, the last time that I stayed at the house was January the 8th, 1991.

    Q. And, you had moved from there – to where did you move?

    A. Here in town in Eatonton.

    Q. Where – where abouts in Eatonton.

    A. On Madison Highway, right behind Hallman Wood Products.

    Q. Did you, in fact, rent from Mr. Hallman?

    A. Yes, I did.

    Q. All right. Did you continue to live there up until May the 4th of ’91 or did you at sometime move from there?

    A. No, sir, I had to move from Eatonton because of the circumstances.

    Q. Well, by circumstances, you mean – what caused you to move? Why did you want to move?

    A. Well, Patty and I had had problems and she was trying to have me put in jail. And, I had talked to the sheriff a num-


    Page 573

    ber of times, and he gave me some advise, if I didn’t move out of town to get away from her, at some point in time, she was going to get either a Judge or her attorney one to believe the things she was saying – she was saying that I was doing to her and he would have no option but to have me locked up. And, so. . .

    Q. And, you took that advice and you did move to Milledgeville?

    A. Yes, sir, I did.

    Q. When exactly, did you move to Milledgeville, or as close as you can remember?

    A. It was the first of February, but I don’t know what day it was.

    Q. Okay. After you moved to Milledgeville, did you have any contact at all with Patty and with Mark?

    A. Very little. I had – Connie and I had went out to Hallman’s to talk to Pat and to see if we could take Mark to Florida with us on vacation. And, she told us that we could, you know, and it wouldn’t be no problem, and we come – well, Mark wasn’t there at the time. He had stayed in town to get a hair cut. And, he was staying with Joe here in town, which is the electronic TV repair.

    Q. That’s Joe Thomas?

    A. Yes, sir. And, we -- we come to town. I told – well, she tried to call him and the line was busy, so she


    Page 574

    went. . .

    Q. You’re going to have to speak a little bit louder, if you would. These folks have to hear what you’re saying.

    A. . . .Okay. When we come to town – I told her she didn’t have to call, or the line was busy and she never could get a hold of him. She tried two or three times. I said, “That’s all right. We’re going to town anyway. We’ll just stop by there and ask him.” And, I said, “We’ll call you when we find out.” Well, we come to town, and just as soon as we walked in the door to Joe Thomas’ office, Pat had called. And I was standing right beside Mark when she called. And, I heard Pat say – told Mark that, you know, I don’t know how to say – can I say. . .

    MR. FUGATE: Your Honor. . .

    THE COURT: Don’t address anything to me.

    BY MR. BELLURY:
    Q. Well, Wallace, let me – let me just bring you back to this – what I’m trying to ask you is, did you have contact with Patty and Mark or both of them? In other words, did you visit with Mark. . .

    A. No, sir. . .

    Q. . . .during this period of time?

    A. . . .she wouldn’t let me visit Mark. And, she wouldn’t – the only time I ever go to see Mark is when I called the Sheriff’s Department and asked the sheriff if he


    Page 575

    would call Pat and tell her that I would like to see my son because I hadn’t seen him in a long time, and I’d like to spend some time with him.

    Q. Did you get to do that all between February and May, did you get to see him at all?

    A. No, sir, I hadn’t seen him at all then.

    Q. All right. Were you paying child support during that period of time?

    A. Yes, I was.

    Q. All right, let me bring you then up to May the 4th. At that time, you were, in fact, living in Milledgeville. Is that correct?

    A. That’s correct.

    Q. Okay. On the morning of May the 4th, when you got out of bed, where did you go?

    A. I didn’t go no where when I got out of bed.

    Q. I mean, when you left your house?

    A. Well, when I left the house, I was headed toward Eatonton and I was coming down to the Sheriff's Department becasue Pat had been coming to Milledgeville and harassing me and I wanted to talk to the Sheriff about seeing what I could have done or what I should do, you know, with – according to the Law, what I could do to have this stopped.

    Q. What route did you drive?

    A. I come up the by-pass. We live on the other side of


    Page 576

    Milledgeville. And, I come up the by-pass around Milledgeville, and go on 212.

    Q. Did you intend to go straight to the Sheriff’s Office or did you have any stops you were going to make along the way?

    A. No, sir, I’ve got a friend that lives out there on the lake that I hadn’t seen for a while. And, I wanted to talk to him before he went to work.

    Q. All right.

    A. And, as I was coming up 212, my car had over-heated. I thought I had blowed a head gasket. So, I parked it, because it’s an antique 1957 Ford, which was the one that was used in the “Driving Miss Daisy.” And, I like to take a lot of pride in my antique cars. So, I didn’t want to hurt it any more than it was already damaged, so I put it on the side of the road – or I pushed it off the side of the road, so nobody would accidentally hit it.

    Q. What was this near? What was the nearest landmark?

    A. There was not actually any landmark out there. The only thing I could say it was by – it was close to, and I don’t even know who owns it. But, there’s a person out there that collects antiques and all kind of odds and ends stuff. . .

    Wallace's car broke down on Hwy. 212 at Lowe Road, NW, just inside Baldwin County. After taking out the pistol, out of fear it would be stolen, and locking the car, walked approx. 6.9 miles to Hickman Groceries, located at Intersection Highway 212 and Twin Bridges.

    Q. All right.

    A. . . .that he’s got out in the field.

    Q. Well, okay, so what did you do after your car broke down? What was your next step?


    Page 577

    A. Well, I raised the hood on it and I seen all the water was gone out of it and there wasn’t any water around there any where. And, so, I knew I couldn’t do anything with it. So, I locked it up to start with. And, I had a pistol in there. It’s the one I had bought for Connie. And, I didn’t want to leave it in the car, afraid somebody might steal it. You know, break into the car while nobody was there with it. And, so I took. . .

    Q. You were leaving that car unattended?

    A. Yes, sir.

    Q. Okay.

    A. And, I didn’t want to leave it there, you know, somebody might steal it. I took the pistol and I stuck it in my pocket – my back pocket. And, I started walking on down 212 toward King’s (name should be Kee’s) Grocery. I hadn’t walked no more than, well, maybe a quarter of a mile, it was a car that stopped and asked me if I needed a ride. I said, “Sure.” I said, “I was going down to King’s (Kee’s) store,” and I said, “I was going down to the lake.” And, they wanted to know exactly where I was going. And, I told them about where I was going. And, they said, “Well, we’ll take you all the way there.” And, I said, “No.”Well, we got to talking and they told me they were going to Atlanta to some meeting they had, and I said, “No, it ain’t no need for you to go out of your way,” I said, “It’s my mis-


    Page 578

    fortune.” I said, “You know, I can deal with.” I said, “You just go on to your own meeting,” I said, “If you could just drop me off at King’s (Kee’s) Store, you know, that will be fine with me.” And, so, that’s where they dropped me off at. And, I started walking there again. And, I hadn’t go too far past the store, and the man that owns the dairy that’s in behind the store, he come out there, and he recognized me, and he stopped and picked me up and asked me where I was going. I said, “Well, I’m going down here to see Charlie a little bit.”

    Q. You were still heading towards Charlie’s?

    A. Yeah, I was still heading toward’s Charlie’s house.

    Q. Okay. What’s his address, do you know? The street he lives on?

    A. He lives on Bear Creek Road, which is right there at Twin Bridges.

    Q. That’s fairly close then to the residence that you used to live at where Patty lived at then?

    A. About a quarter of a mile away from it [closer to 1/2 mile].

    Q. All right. So, you were heading in that direction? And, what did you – where was your next stop?

    A. Well, he took me down to the store, he said he wasn’t going that far, but he’d be glad to take me on down there. And, I said, “Well, you hadn’t go to go out of your way.” I said “My legs ain’t broke, I can walk.” And, we just, you know, talked while we were going down there. So, he dropped me off


    Page 579

    down at the marina at Twin Bridges. And, I tried to use the phone there at the marina, which it stayed out of order most of the time.
    Briley asked Sims, Contel Telephone, about the pay phone at Kee's Store instead of at the telephone located at the marina.

    Q. Was it a pay phone or. . .

    A. Yes, it’s a pay phone.

    Q. On the outside of the marina?

    A. On the outside of the store.

    Q. All right.

    A. That’s all. I went inside the store and I bought me a Payday candy bar and a Coca Cola. I can’t recall the lady’s name that was running the store at that moment. But, I told her I, you know, the phone was out of order. I asked her if I could use her telephone, you know, to make a collect – I mean, not a collect call, you know, a phone call. And, she said, “Sure,” so she handed me the phone and I tried to call Charlie. And, I couldn’t get no answer. I said, “Well, the phones are usually out of order. Out of order about half the time.” And, so I said, “Well, I’ll just walk on over there, because it wasn’t but about a quarter of a mile from the store.” So, I walked on over there and he wasn’t at home. What I was going – intended to do after my car broke down was, he’s got two trucks and a car, and you know, if I ever needed anything or he needed anything, and we’re very close friends, and I was going to get him to help me pull my car over to his house until I could find out what was wrong with it. Well, he wasn’t home after I walked over there.


    Page 580

    And, I wasn’t just going to take his truck without asking, even though, he had told me where the keys to it was at all times, if I ever needed it. But, I ain’t never done – took nothing without asking somebody. So, I started walking again. I could have walked the dirt road which went right straight on by where he was living at, which was about four miles before I got back to another highway. And, which I know there is very little traffic on that road. So, I decided to walk Twin Bridges Road, since, you know, there’s quite a bit of traffic on it. Well, at that particular time, nobody came by and I had done walked the little ways it is to where you turn off to go to the houses on the lake.

    Q. The Blue Branch Road?

    A. Yes, sir.

    Q. Okay. All right.

    A. And, as I was walking along, I got to thinking about what my son had said to me and he was wanting me to fix the car or give him some money to where he could get it fixed. Well, I had give his mama some money to make sure he could get the car fixed.

    Q. So, he had told you the car was not operational?

    A. Yes, he did.

    Q. That’s the Mustang?

    A. Yes.


    Page 581

    Q. When had he told you that?

    A. He had told me different times, you know, when I had talked to him, but I had never had the opportunity to be able to fix it because I couldn’t go on the property without Pat’s written consent. And. . .

    Q. You had a restraining order against you. . .

    A. Yes.

    Q. . . .isn’t that correct?

    A. Yes, that’s true.

    Q. As a result of the divorce action and that sort of thing?

    A. Yes.

    Q. Okay.

    A. And, so I had a note that – from Pat telling me that she was going to be gone to South Carolina to spend the weekend with Steve.

    Q. When had you gotten that note?

    A. I had come back – Connie and I had come back to Eatonton, you know, I wouldn’t come to Eatonton without somebody with me at all times. I was afraid I would run into Pat and she would go into the Sheriff’s Office again, and tell them I was following her or doing something to her. So, I would never be caught alone, you know, in Eatonton without somebody with me. We had went – come to Eatonton on Wednesday and the note was in the mailbox.


    Page 582

    Q. This is the mailbox at where?

    A. Where I was living at in Eatonton. Because I hadn’t had my mailing address changed yet. . .

    Q. You still had mail coming. ..

    A. . . .because I hadn’t completely moved out of this house into the one in Milledgeville.

    Q. In other words, you still had mail that came here?

    A. Yes.

    Q. All right, this is the Wednesday before May the 4th, is that correct?

    A. That’s the truth.

    Q. All right. And, the note said that – said what?

    A. The note was telling me that – you know, where she was going to be, what hotel she was going to be at, the room number, the telephone number, and what day they was going to be there, and what – I think it had what time it was on there. I can’t remember everything that was on the note.

    Q. Okay.

    A. And, it was just one of many notes that she had left in my mailbox.

    Q. And, so, what you’re saying is, at the time, that because of that note, when you got to Blue Branch Road, you believed that she would be in South Carolina?

    A. Yes.

    Q. According to what she told you?


    Page 583

    A. According to that note, I believed what it said, yeah, because it was in her handwriting.

    Q. So, then did you go to the house?

    A. The one on Blue Branch Drive?

    Q. Right.

    A. Yes, sir, I did. I had already taken a battery out of my boat. Mark had told me that he thought it was the battery that was the problem with the car. And, in order to get the car started so he could bring it to my house where I could work on it or find out what was wrong with it, because he said he had taken it – had different people look at it, and nobody had been able to fix it. Well, I had taken the battery out of my boat – one of my batteries, which is a marine battery, and I had took it over there on Saturday. You know, I’ve got a lot that joins right with the other lot at 119 Blue Branch Drive. And. . .

    Q. What was on that lot? Any kind of structures or anything like that?

    A. There was no structure, there was a pen there that was full of hay and had a tarp over it. As far as any buildings or anything, there was nothing on the lot. It was an empty lot.

    Q. Is that where you kept the battery?

    A. Yes, I had put the battery, since they weren’t there and the van wasn’t there, and I didn’t want to go on the property and let – and Pat be at the house or something, and you know, because I didn’t want to get into any trouble. So, I took


    Page 584

    the battery and I put it under the tarp.

    Q. Let me ask you this before you go on. If you got on your property, which was adjacent, could you see the – from someplace on your property, could you see the front door and the back door, you know, of the other house?

    A. Yes, I could.

    Q. You could tell . . .

    A. The lots are right side by side and there was about seventy-five feet from the edge of the house to my property line.

    Q. So, it was clear that their – the vehicles, the van was not there?

    A. The van was not there.

    Q. That was very clear. Or, any other vehicles except the Mustang?

    A. The Mustang was there, but I didn’t want to take a chance of going on the lot, and then, either she be in the house or they drive up on me.

    Q. All right, so what did you do when you noticed that nobody was there?

    A. Well, I put the battery underneath the tarp and I went back to Milledgeville. That’s where I was headed to start with, but I was going to take Mark the battery, and have him put it in his car, and see if that would start the car to where he could bring it over to my house. But, like I said, he wasn’t there,


    Page 585

    and I just wasn’t going to go on the property. Well, during this time. . .

    Q. I’m talking about on May the 4th.

    A. Oh, on May the 4th?

    Q. May the 4th, yeah. What did you do when you got there on May the 4th?

    A. Well, when I got there on May the 4th, I went in the house.

    Q. How did you go in the house?

    A. Well, let me back up a little bit. When I got there, I went to Ernie’s house, which is the neighbor right beside the house up there, and she wasn’t home because I was wanting to use her telephone. And, then I walked across the lots to my other neighbor’s house, which was Thurston Veal, and he wasn’t home, either. And, Pat, before all this happened, had given me a set of keys, one to the van and one to the house.

    Q. When did he give them to you?

    A. Sir?

    Q. When did she give them to you?

    A. About three months prior to this accident.

    Q. So, you’d had them for three months. Okay. All right, so, what did you. . .

    A. What. . .

    Q. . . .you say you went inside the house then. How did you get inside the house?


    Page 586

    A. With the key that she had given me. And, I had went to the – actually, it’s the front of the house which faces the lake. It’s a sliding glass door. And, I took the key and opened the door, and I couldn’t slide it but about three quarters of an inch because she had a stick, you know, laying at the bottom of the door to keep it from sliding all the way back And, then. . .
    Technically the side that faces the lake is the back of the house, although the Fugate’s called it the front. Front of the house faces Blue Branch Drive.

    Q. Let me stop you just a moment before you go any further. Now, you had a key and you had had it in your possession for about three months?

    A. Yes, sir.

    Q. But, you’re not contending that you had permission to go in that house, are you?

    A. No, sir, I didn’t have permission to go in the house.

    Q. Okay. Go ahead. So, you went in the glass door?

    A. Yeah. Like I said, I unlocked it and I slid it back, and if anybody knows anything about a sliding glass door, you know, if you slide it a quarter of an inch past the door jam, you could pick the door up and you could slide it out of the way, and this is what I done.
    This is the sliding glass door off the living room leading onto the deck overlooking the lake.

    Q. Okay. Did you leave it that state or did you. . .

    A. No, sir, I put it back like it was, because I had left it opened, because I used that route to go in and out of the house, you know, when I was working on the car.

    Q. And, so did you. . .


    Page 587

    A. I went in the house and, the first thing I wanted to do was try to find out to make sure Pat was in South Carolina. So, I had the number where she was supposedly going to be at and I called. And, when the desk clerk called the room number, there wasn’t nobody that answered. Well, it was still early in that morning, and so I thought they might have left that morning and not got there yet. And, then I had called Taylor to pick up my car and he had asked me, you know, was I going to come in and pick it up that day. And, I said, “No, there’s no way I’ll get in there today.” I said, “I’ll pick it up tomorrow.” I said, “I’ll be down the next day to pick it up.” And, he said that would be fine, and you know, I told him where it was at, and he said he would make sure somebody got out there and picked it up. I told him what kind of car it was and I told him I didn’t want it to be destroyed or anything. And, then, there on the table, I noticed some of my mail. The phone that I used was right there in the living room and the dining table or kitchen table, you know, is just a coupe of feet from that phone. And, I got to looking at it, and I wanted to – because it was some mail that was supposed to have been – that I was supposed to have received that was important to me that I hadn’t received yet, and I knowed it was supposed to be there in my mailbox. Anyway, I want to see what all my mail she had taken. But, at first, I wanted to see about the car. So, I went up to the top of the driveway to where I had the battery stored. I got the battery


    Page 588

    and I brought it back down there and I put it in the car. It didn’t crank the car. It wouldn’t do nothing. And, I got to checking, and come to find out that they had been driving it with the manifold that was loose. It didn’t have a gasket in it or nothing, it was sticking down about an inch and all the hot exhaust from the manifold was going onto the starter, which in turn, caused the starter brushes to seize up – froze up. And, you know, I had to take the starter off to fix it. Well, I didn’t know if I could fix it at the time or not, but I had to take it off to see if I could fix it. So, I took the starter off and I freed it back up.

    Q. Well, the point is, you worked on the car. After you had done the work on the car, what did you do then?

    A. Well, I went back in the house and I washed my hands and I got all the grease off of it. And, then, I went to the kitchen table and I started reading my mail that I had there. And, I – the server was right beside the kitchen table. And, I noticed some of my mail over there and I noticed my check book was there and bank statements, and different – odds and ends papers that belonged to me.

    Q. Did you make any other phone calls? You mentioned one, two phone calls?

    A. No, I made. . .

    Q. Several.

    A . . .several calls. I think there were four or five.


    Page 589

    I’m not exactly sure how many I made. I think it was five. I had to call three times – I think it was three, and I asked the desk clerk, you know, who was staying in that room, you know, after I couldn’t get a hold of nobody. And, I told her, you know, I was a contractor – well, I lied to her, is what I don to find out some information because I wanted to know. I had asked her – I had told her I was a contractor, and that, you know, the room could be in somebody else’s name, other than Steve Fields and I wanted to know whose name it was in and she told me whose name it was in.

    Q. In these several phone calls, did you ever talk to anybody else than the desk clerk?

    A. These three times that I called, no I didn’t. The other time I called, I did.

    Q. Was that the last time that you called?

    A. The last time that I called.

    Q. Who did you talk to?

    A. I can’t say who I talked to. But, the voice that was on the other end of the line, of course, I didn’t actually say anything to the person.

    Q. All right, you didn’t say anything. You listened to somebody on the other end. Okay. Who was it?

    A. When they picked up the phone, they said, “Hello.” And, I had talked to Steve a number of times before, and I knew his voice. And, I let him say, “Hello,” again to make sure it


    Page 590

    was his voice, and then I hung up the phone.

    Q. Okay, So, did that – what did that tell you, then?

    A. Well, that told me that, according to that note that I had on me, that she was going to be in South Carolina and she was up there with Steve.

    Q. Okay. About what time of the day do you suppose this was? I mean, not exactly in terms of minutes, but. . .

    A. It was sometime after dinner is all I can tell you. I don’t know what time it was.

    Q. Okay. Well, after that was over with and you got the car repaired, what next, of any significance happened?

    A. Well, like I said, I was going through my mail that she had, and you know, it wasn’t that I was going to take any of my mail, because I didn’t want her to know that I had been there. What I was going to do after I had fixed the car, was have Charlie to write a note and put on the car telling Mark that he had fixed it the best he could, that it would run, to be able to bring it over to my house so I could finish working on it. Because, it needed some more work on it. And, so, I guess it took me an hour or an hour and a half to go through all the paper work that was laying around there. And, then, I looked around to make sure that, you know, nothing was out of place, nothing had been moved to where she could tell that anybody had been in the


    Page 591

    house. And, then, my pistol was laying on the table there, so I picked up the pistol and I started to go out the front door. Just as I go to the front door. . .
    This is the door facing the driveway.

    Q. Okay. Had you put the glass door back together than?

    A. Yeah, I had put it back and it was locked and everything.

    Q. So, then you were going to go out the front door. Now, the front door being the one that faces the lake or the one that. . .

    A. The one that faces the driveway.

    Q. Okay. All right.

    A. It’s the back of the house.
    This is the entrance door and faces Blue Branch Drive, technically known as the front door.

    Q. Okay.

    A. And, as I got to that door, I heard the van pull up. And, I knew it was the van by the way it sounded.

    Q. Okay. So, what did you do when you heard that?

    A. I got scared.

    Q. Okay. Well, as a result of that, what did you do.

    A. Well, I ran back into the house. I said, “Well, I could go down in the basement and I could go out the basement and I could go across my neighbor’s yard without being seen.” And, so, I went in the house, went down the steps and went to the basement door. At this time, I could hear them coming in the house.

    Q. Okay.


    Page 592

    A. And, I couldn’t get out that door quick enough because she had put a number of locks on the door. And, I couldn’t, you know, get them undone and get out of the house. And, I thought to myself, well, maybe they just forgot something and was going to run back in and leave again. And, so I went into the bathroom that was downstairs in the basement and I stood there in the dark, which there is only one window in the basement. And, the complete house was dark. And, I heard them upstairs and then I heard Mark come running down the steps. Well, when he did, he flipped on the light that was in the game room. And, he told me what he said is, “I know you’re in there. Come out. I’ve got a gun.” Well, I didn’t move. I didn’t say nothing. I just stood there. Because I knew he didn’t know I was in the house.

    Q. Let me stop you right there real briefly. Did you, in the course of your going through the house before, had you seen the gun or laid a hand on the gun or had anything to do with the gun?

    A. No sir, I did not.

    Q. Okay. Did you even go in Mark’s room?

    A. No.

    Q. Did not? For any reason at all?

    A. No reason whatsoever.

    Q. Okay. We’re back to the point that you were at. You and Mark were down in the basement. So, what happened at that


    Page 593

    point.

    A. Well, I – like I said, I just stood there. And, I didn’t move and I didn’t say nothing. And, he said it again. And, I thought to myself, “The best thing for me to do is just tell Pat to take me to the Sheriff’s Department.” She’s all the time wanting to have me locked up. Now, I’ve been caught. I don’t want to – nothing to happen. I’ll let them take me down to the Sheriff’s Department. So, I come out. And, Mark was standing there at the door by the light switch where he had turned on the light. And, he told me to – I told him, I said, “Don’t shoot, son.” I said, “I am not here to hurt nobody.” And, he didn’t say nothing at that time. If he did, I don’t remember him saying anything. And, so I went on upstairs. He made the statement that I pushed him aside. The room is twelve feet apart. It’s twelve feet wide. He was standing at the door, at the light switch. There was no contact of me and him whatsoever, at this time.
    (see Photos Inside Residence)
    Mr. Fugate has a hearing diability and wears hearing aids in both ears, therefore it could very well have been he never heard Mark if he did make any kind of remarks to him.

    Mark stated he pulled the trigger of his rifle, a Glenfield Semi-automatic, .22 caliber, Model 75, Serial #71571032, and it just went click. Attorney Briley used Mize as an expert on this rifle. Mize knows absolutely nothing about this rifle since he stated "without the plunger in the rifle she would not fire."

    Q. Did he point the rifle at you?

    A. The rifle was pointed at me the whole time, you know, from the time I come out. The game room is over here, there’s a bedroom here, and the bathroom is in beside the bedroom, which is the wall divides the game room and all. And, I had to come out the bathroom into the bedroom, out of the bedroom into the game room, and from the game room, take a few steps to go upstairs.


    Page 594

    and, so from that whole period, he did, in fact, have the rifle pointed. . .

    A. Yes, sir.

    Q. . . .at you?

    A. He did.

    Q. Okay. So you went past him and you went upstairs?

    A. Yes, I went upstairs and Pat was on the phone.

    Q. What room was she in?

    A. She was in the bedroom.

    Q. The bedroom, all right.

    A. And, I walked in the bedroom, and she was talking to somebody. I don’t know who she was talking to. I later found out it was – she was talking to Vicky, which is her sister. I walked over there. I mashed the receiver on the telephone. I said, “Would you take me to the Sheriff’s Department?” I said, “You know, you could have me locked up.” And, at this time, she looked down at my hand, which I had the pistol is my hand, but I didn’t have it pointed at nobody, because I know how dangerous a gun can be.

    Q. How did she react to that when you put your finger on the telephone and you asked her to take you to the Sheriff’s Office, what did she do?

    A. Well, she was sitting up on the bed, you know, with her legs folded, you know, Indian style, I guess is what you’d call it. And, when she looked at my hand, I also looked at it,


    Page 595

    because I didn’t realize I had the gun in my hand. And, I told her, I said, “Don’t worry,” I said, “I ain’t here to hurt nobody.” I said, “I’ll put this thing away.” I said, “All I want you to do is take me to the Sheriff’s Department.” And, so I started backing up from her, because I, you know, I was right there beside her. And, I didn’t want her to be afraid of me, because, you know, I wouldn’t hurt her in any kind of way. But, I didn’t want her to get scared of me. And, so I backed up to the foot of the bed, and I took this hand, and I took the pistol and I was shoving it in my pocket at the time.

    Q. Okay, what you’re saying – what you’re describing is you put your left hand in your left rear pocket and the pistol in your right pocket, is that what you mean?

    A. I was standing there, and I took my left hand and I stuck it in my pocket. You know how tight jeans can be. And, I had to pull it open. I took this hand and I started sticking my pistol in my back pocket like this.

    Q. All right. So, what happened then?

    A. At that moment, she jumped over the bed and she hit me, just butted me with her head.

    Q. Without saying anything?

    A. Without saying anything. You know, I was caught completely off guard, and it knocked me up against the door, which the door swings inside the bedroom, and when she did, I hit the doorknob, and somehow or other I must have had my hand on the


    Page 596

    pistol at the time she hit me because it flew out of my hand and landed in the hallway right there beside the bedroom. And, we both fell on the floor. Well, we both instantly looked for the pistol and she seen it about the same time I did. And, she grabbed for it. When she did, I grabbed both her hands. I grabbed one – both her hands just like that. And, I asked her, “What in the hell are you trying to do?” And, I said, “You ain’t getting that pistol. There ain’t no damn way.” And, then, after I grabbed her hands, I shoved her back out of the way and then I grabbed the pistol. It was in my left hand at this time. By the time I go to my feet, she was already on her feet, too. And, she just started beating on me, scratching me, and I was backing down the hallway. When we got to the living room, Mark was standing by the kitchen refrigerator.

    Q. Did he still have the gun in his hands?

    A. He had the gun in his hand and he had it pointed at us. And, I hollered at him to “put that damn gun down before somebody gets hurt.” And, he never did put it down. And, I backed up to the steps that was leading up to Mark’s room, which was in the living room there, and I told Pat, I said, “What in the hell’s going on?” I said, “What in the hell do you want?” I said, “I ain’t going to hurt you.” I said, “Just take me to the Sheriff’s Department.” And, Pat told Mark, said, “Shoot the – shoot him.” She said something else, but I won’t repeat it in the Courtroom. And, I told Mark again, I hollered at him


    Page 597

    again to put that gun down. And, about that instant, I heard a shot and me and Pat both froze at that split second. I looked down at me and I looked at Pat, because I thought Mark had shot the gun. But, then I realized it was the gun in my hand that went off. And, Pat had grabbed the gun that was in my hand.

    Q. But, it was still in your hand?

    A. Yes, sir.

    Q. And, it was pointing, obviously down at that floor?

    A. I had it – I never did point the gun at nobody. You know I always kept the gun away from us at all times. And, when she told Mark to shoot me again, I grabbed her shoulder and I spun her around and she was facing Mark. Because, at this time, with the look in his eyes, he was scared to death, and so was I, and Pat was, too, I guess, I don’t know. But, at this time, I grabbed her and spun her around and put my arm around her, you know, acrossed her chest, underneath her arms to where I could keep her from hitting me. And, she told Mark to shoot me again. And, I said, “Mark, you ain’t going to shoot me with your mama standing here. I know you ain’t going to hurt your mama, either.” And, she tried to kick and scratch and she couldn’t get to me. But, she was reaching over her head, you know trying to get to me, but she couldn’t scratch me no more. And, like I said, I had her around the chest so she couldn’t get away from me. Because, I knew if I kept her between me and Mark, there was a lot less chance that


    Page 598

    he would take a shot at me. And, I was – as I was backing out the door, I tripped on something and I fell.

    Q. Backing out of which door?

    A. Well, there are two doors right there together.

    Q. Is it the out – that goes to the outside or where?

    A. This was going toward the outside, but this was going on to the porch part.

    Q. Okay, so you tripped at that point?

    A. I tripped over something. I don’t know what it was. There was all kind of debris. . .

    Q. You were still holding the gun?

    A. . . .on the porch and there was just barely room enough to walk through that area. And, as I was falling, I let go of Pat, but it was too late, then, she was falling with me, and like. . .

    Q. You and Pat – you and Pat both. . .

    A. Me and Pat both was falling.

    Q. . . .fell on the floor.

    A. Yeah.

    Q. Okay.

    A. And, she kind of half-way turned before, you know, before we hit, and she, most of her body hit on top of me [when her head hit the floor]. And, at this time, the gun went out of my hand again, because it was in my left hand and it went behind us toward the outside door. And, she seen it about the same time I did and she tried to get


    Page 599

    to the pistol again and I wouldn’t let her get to it. And, she kept hitting and kicking and I’d try to get up and you know, we kept getting up and falling down. Because she was as determined to get the pistol as I was determined to keep her from getting it. Because I knowed if she had got the pistol she would have killed me.

    Q. Well, did you get to the pistol first?

    A. Eventually, we – I got the pistol and I grabbed it with my right hand. And, I no more than grabbed and, you know, she was on top of me again. And, I was still. . .

    Q. And, you were getting to the door?

    A. Yeah, we were getting nearer to the door. And, I was – you know, I was trying to get outside. And, when we finally got outside and we were standing there, we were right beside the van, you know, the van was parked right there at the door.

    Q. How did you get from the front door to the van? You and Pat?

    A. Well, I was trying to back out the door and she was still trying to get the pistol away from me.

    Q. In other words, y’all were still scuffling over the pistol for that distance?

    A. Yes.

    Q. Okay. All right. Who opened the van door, you or her?

    A. Well, we – sir?


    Page 600

    Q. Who opened the van door?

    A. The van door was open.

    Q. All right, when you got there, it was open?

    A. Yeah, when we went outside, the van door was already open.

    Q. Okay.

    A. And, we were scuffling there and we had both fell to the ground again, and when we did, I put my knee of her stomach and I grabbed both her hands with my left hand, which was my free hand. In the other hand, I had the pistol in it and I put it on her legs.

    Q. You put it on her legs?

    A. I put it on top of her legs to keep her from kicking.

    Q. Are you talking about your arm or the pistol or what?

    A. My arm. . .

    Q. Okay.

    A. . . . I had the pistol in my hand.

    Q. Okay.

    A. And, I put my arm on her legs to keep her from kicking. At this time, Mark come out of the house and had the gun pointed at me. And, I told him, I used some foul language, let me put it that way, and I told him he’d better put that gun down.

    Q. Let me ask you, at this point, had you at any time pointed the pistol that you had towards Mark at any time?


    Page 601

    A. I have never in my life pointed a pistol, rifle, or nothing at anybody.

    Q. All right. Well, there you are at the van door. What happened at that time?

    A. Well, Mark, when he come out, Pat told him to shoot me again. And, that’s when I kind of got rude with him. Anyway, he left behind the van and he went up towards the shop. And, the shop, which the shop is up on a hill above the house. I didn’t know what he was doing at that time, but I found out later. But, anyway, after he left, and I had a hold of Pat where she couldn’t kick me or scratch me or anything else, I picked her up – I took my hand off the top of her legs, I slid them under her legs, and I had her hands. I picked her up and I sit her in the van seat, in the driver’s seat.

    Q. Why in the van – the driver’s side? What was you intention there?

    A. I wanted her, you know, to take me down to the Sheriff’s Department.

    Q. Okay. Let’s go back to that point then. She’s in the van driver’s seat. Tell us exactly what happened.

    A. Well, when I sat her in the seat. . .

    Q. Go ahead, and do the best you can. You’ve got to tell us.

    A. It’s kind of hard.

    Q. I understand.


    Page 602

    A. When I sit her in the seat of the van, I had noticed a spot of blood on her hair and I told her, I said, “Your head in bleeding.” I said, “Let me see what happened to it.” Because, it wasn’t like I hated this woman. She had meant a lot to me. And, I had always tried to take care of her and all that. And, I still cared a lot for her. After I had sit her in the seat and I told her, you know, her head was bleeding and to let me look and see what had happened to her head. And, I leaned in the van. I had the pistol in the right hand, it was up on the top of the back of the van seat. And, I had my other hand on the seat of the van. And, I leaned inside the van, she just laid back and she grabbed the steering wheel and the arm rest to the van seat, and she drawed her legs up and kicked me right square in the chest with both feet as hard as she could, which caught me off guard. And, anybody knows that when they’re falling, they’re going to throw their hands up. . .

    Q. Just tell us what happened. . .

    A. . . .to counter-react to the fall.

    Q. Just describe what happened to you.

    A. And, that is what I done. I throwed my hands up, you know, trying to keep myself from falling. And, when I did, this hand here that the pistol was in, it hit the top of the door frame on the van and it discharged. Well, I hit the ground and I jumped back up because I figured she was going to jump out there and top of me.


    Page 603

    Q. How hard did your hand hit the top of the door of the van?

    A. It hit pretty hard because the thing was black and blue the next day. It felt like it was broke, but it didn’t break it.

    Q. It was black and blue where your hand hit that?

    A. The hand didn’t hit, it was more these fingers right here.

    Q. Okay. Where the finger hit. Okay.

    A. And, the reaction of my fingers being smashed – my counter-reaction, I guess, you know, was to draw my hand back. And, when I did, evidently, I hit the trigger. Which I didn’t have my hand on the trigger, I was holding gun – you know, I palmed the gun, it wasn’t like I was holding it like I was going to shoot it or anything. And, when I got back up off the ground and she hadn’t moved, she was just laying there, I walked back to the van door, and she wasn’t moving. I picked her up and she had been shot. And, I had her in my arms.

    Q. What did you do with her?

    A. For a few minutes, I held her in my arms, and I tried to get her to talk to me. And, I checked her pulse, there wasn’t no pulse, she wasn’t breathing. And, I sit down on the ground with her, and I was holding her and I – and I just lost my head after that. I took her and I laid her on the ground and I got up, picked up the pistol and I jumped in the van and I


    Page 604

    left.

    Q. Where did you go when you left?

    A. The only thing I could think of right then was I wanted to go home, that this was all a nightmare, and that it didn’t really happen.

    Q. Did you actually go home?

    A. No, sir, I didn’t.

    Q. Where did you go?

    A. I was going to go home. And, I was just about there and two girls was pulling in the neighbor’s yard. I really wasn’t aware of what I was doing until I heard them holler at me. And, when they hollered at me, I said, “Well, I can’t go home.” And, so I went on through Milledgeville, outside Milledgeville. I was just driving around. And, I had to stop and think. And, so I pulled off the road. I don’t even know where it was at. And, when I pulled off I – when I went up into the woods, I was – there was a graveyard, an old graveyard there. And, took the pistol and I got out of the van and I sat there and tried to think this thing out. I knowed if I turned myself in, I’d be charged with murder, and if I took my own life, everybody would – the last opinion they would have of me was I was a person that murdered somebody else. And, I didn’t want people thinking that of me because I ain’t murdered nobody. And, the more I sat


    Page 605

    there and thought about it, there was two reasons that come to mind, that – reasons that I didn’t want to die myself, not that way. And, one, I didn’t want nobody to remember me in that perspective.

    Q. So, did you come to a decision as to what to do?

    A. Yeah, I did.

    Q. And, what was that decision?

    A. Well, I owed it to Connie and the girls to prove my innocence if I could, because they had become my family. And, so, I said, “Well, I’ve got to get to the telephone and see how Pat was doing,” which I knew, but I just didn’t want to believe it.

    Q. Did you get to the telephone when you were out there?

    A. Yes, I left there and went to a telephone, a pay phone. And, I called back down here to the Sheriff’s Department. I called collect. And, the dispatcher said they don’t accept collect phone calls. And, I interrupted her and I said, “This is Wallace Fugate.” And, then she told the operator that she would accept the call. She told me to hang on a second, so evidently she put somebody else on the line. And, they wanted to know where I was at. And, I said, “I need you to answer some questions for me.” I wanted to know how Pat was. And, she said to start with that she couldn’t tell me. And, I said, “Well, if you want to know where I’m at,” I said, “you’re going to tell me what I want to know.” I said, “I want to know how she is.”


    Page 606

    And she told me that she wasn’t doing too well. I said, “What do you mean by that?” She said, “Well, she just didn’t make it.” And, she wanted to know where I was at. And, I just – I just hung up the phone. And, I just drove around a while. And, I said, “Well, I’ve got to turn myself in. The only way I’m going to prove that I didn’t murder nobody is to turn myself in and try to prove it.”

    Q. Did you attempt to do that – turn yourself in?

    A. I actually did turn myself in.

    Q. How did you accomplish that?

    A. Well, I didn’t know exactly where the Sheriff’s Department was in Baldwin County. I knew it was – what road it was off of. But, I couldn’t find it. And, I was driving up and down the road and there was a number of Sheriff’s Deputy cars driving up and down the road at that time. And, none of them stopped me. SO, when one of them got in behind me, I pulled off a curb, and stopped the van. And, I got out of the van and walked back toward the car. And, he was standing there – he was standing behind his door. He didn’t come out from behind his door. And, I asked him where the Sheriff’s Department was, I said I needed to go there. He didn’t ask me who I was or nothing else. He just said, “If you’ll turn around and follow me,” he said, “I’ll take you there.” I said, “Fine, I’ll be right behind you.” So, I turned the van around and he turned his car around, and he took me down to the Sheriff’s Department.


    Page 607

    And, I turned myself in down there.

    MR. BELLURY: Thank you, Wallace. He’s with you.

    THE COURT: Cross examine.

    MR. BRILEY: Could we have a break, Your Honor?

    THE COURT: You can go down.

    Approach the bench, gentlemen.

    MR, BRILEY: It’s gong to be kind of long.

    THE COURT: Beg your pardon?

    MR, BRILEY: We’ll need just a short one because it’s going to be kind of long. Just a short break.

    THE COURT: All right. You and Mr. Bellury approach the bench just a minute.

    (Whereupon, a bench conference is held between the Court and counsel as followsJ

    THE COURT: Any other witnesses, Mr. Bellury?

    MR. BELLURY: No.

    THE COURT: Defendant rests?

    MR. BELLURY: We rest.

    THE COURT: Anything in rebuttal, Mr.


    Page 608

    Briley?

    MR. BRILEY: Well, I have the cross examination.

    MR. BELLURY: Cross.

    THE COURT: Huh?

    MR. BRILEY: Cross examination.

    THE COURT: I thought you didn’t want to cross examine.

    MR. BRILEY: No, sir, I said we just want a short break.

    THE COURT: Oh, I understand. I beg your pardon. Fine.

    (Whereupon, bench conference is concluded.)

    THE COURT: Ladies and gentlemen, at this time, we’ll take a short break. Observe the Courtroom block. Try to be back in the jury room by twenty minutes after. Remember my instructions not to discuss the case or allow anyone to discuss it with you. Again, you will be under the control of the bailiffs. Thank you very much.

    (Whereupon, Court is recessed for a break at 10:00 a.m.)


    Page 609

    (Whereupon the Court is reconvened at 10:20 a.m.)

    THE COURT: Let the record reflect all members of the jury are present. Defendant and counsel are present.
    Cross examine, Mr. Briley?

    CROSS EXAMINATION BY MR. BRILEY:

    Q. Mr. Fugate, you said that ou lived out at Mr. Hallman’s – one of Mr. Hallman’s pieces of property after you and Pat separated?

    A. This is true.

    Q. Where is that located?

    A. Right behind Hallman’s store.

    Q. How, you had mentioned the fact that you were – that you and Patty were divorced on October the 10th, 1990, is that correct?

    A. Yes, it was.

    Q. Where were you the day the divorce was granted?

    A. Right here in the Courthouse.

    Q. Are you sure about that? You were in the Courthouse the day the divorce was granted?

    A. Well, when the Judge signed the papers I was here in the Courthouse. And, I was told right then that the divorce was


    Page 610

    final.

    Q. All right, sir. And, did you – did you file for the divorce, Pat file for the divorce, ory’all filed for it together?

    A. Well, we filed it together. But, I initially had to file for it because she didn’t have the money to file for it.

    A. No, sir, I didn’t.

    Q. Well, why did you file for it?

    A. Because that’s what she wanted.

    Q. All right, sir. But, you mentioned someone named Connie a few minutes ago as though that’s a close relationship, do you have a close relationship with someone named Connie?

    A. Yes, I do.

    Q. How long has that – how long have you been seeing Connie?

    A. About two – two and a half years.

    Q. If she said two and a half years, and she said that last May, would that be correct?

    A. Repeat that, please.

    Q. If she said last year that she had been seeing you two and a half years, which would make it three and a half years from now, would that be correct?

    A. Yeah, I’ve been locked up for a year.

    Q. All right, sir. So, you were seeing her while you


    Page 611

    Were still married to Pat, is that right?

    A. This is true.

    Q. All right. Now, you – well, why didn’t you leave Patty alone after you got divorced and separated? Why didn’t you leave her alone? You already had you a woman. Why didn’t you just leave her alone?

    A. She had other men, too. But, you would have to understand our relationship to be able to understand the situation. We were very close. I don’t think she wanted a divorce. And, we still lived together.

    Q. But, once that divorce was granted in October, she told you to get out of her life and stay out of it, didn’t she?

    A. No, she didn’t.

    Q. Oh, she didn’t tell you that?

    Q. No, sir. She did not.

    Q. She didn’t tell you not to come around the place any more?

    A. No, sir.

    Q. She didn’t take a restraining order to keep you from coming around the place?

    A. No sir.

    Q. She didn’t ask this Judge right here to sign a restraining order to keep you away from the place?

    A. If you’ll look at the date, you’ll see that is was later than that.


    Page 612

    Q. But, you went back anyway, didn’t you?

    A. If you check the date – sir?

    Q. You went back anyway, after the restraining order, didn’t you?

    A. One time, yeah. And, I just got through mentioning that.

    Q. Well, that’s the only time you got caught, wasn’t it?

    A. You can’t get caught if you ain’t there.

    Q. All right, sir. Now, on that morning when you got up, where had you spent the night the night before you started down 212 that morning to Patty’s place?

    A. Milledgeville.

    Q. Who did you spend the night with?

    A. Connie.

    Q. At her place?

    A. That’s right.

    Q. All right, sir. And, you got up and left her place and started to Patty’s that morning?

    A.. No, sir, I did not.

    Q. You didn’t start to Patty’s?

    A. No, sir.

    Q. Where did you – where had you – where did you tell her you were going that morning? Where did you tell Connie you were going that morning?

    A. I told her I [was] coming to Eatonton to the Sheriff’s De


    Page 613

    partment.

    Q. For what?

    A. To talk to the Sheriff.

    Q. About what?

    A. About Patty’s harassment.

    Q. Well, now she said you said you were coming down there to talk about a check. Would that be incorrect?

    A. I had had a check in Milledgeville.

    Q. Sir?

    A. I said, I had a check in Milledgeville that Pat had withdrew on my funds from the bank. And, I had to pay the check and I heard they had a warrant against me and I wanted to talk to the Sheriff about that, also.

    Q. Well, that ain’t what you told this jury up here a minute ago when you sat up here with this elaborate story about what you were doing coming down to Milledgeville that morning. You lied to them folks sitting right on the bench, isn’t that true?

    A. No, sir, I did not lie to them folks.

    Q. Well, what did you tell them?

    A. I told them I was coming to the Sheriff’s Department.

    Q. The truth is . . .

    A. I didn’t have nothing – I didn’t say nothing about what I was coming down here for.

    Q. . . . the truth is, Mr. Fugate, that report right there


    Page 614

    Belongs to the State of Georgia has been made available to your lawyers, and you know it, don’t you?

    A. I have not seen it.

    Q. You’ve seen portions of it, haven’t you?

    A. I’ve seen bits and pieces of it.

    Q. Yes, you have. And, you have seen, since you told that story about the check, you have seen in there where the Sheriff said he didn’t want you on a check. And, you’ve seen in there. . .

    A. Do what now?

    Q. . . . you’ve seen in there where the Sheriff said in there that he didn’t have no check warrant again you or anything, haven’t you?

    A. No, sir, I have not.

    Q. And, the Clerk of the Court in Milledgeville said, “No that case was settled a month before this thing happened.” You knew all that, didn’t you?

    A. No, sir, I did not.

    Q. So, you had to change your story, didn’t you?

    A. No, sir, I have not.

    Q. Uh-huh (positive).

    A. No, sir.

    Q. Couldn’t tell the same one you told Connie, could you?

    A. Do what?

    Q. You couldn’t tell the same story here you told Connie,


    Page 615

    Because you knew we could disprove it, didn’t you.

    A. I don’t know what you’re talking about.

    Q. Uh-huh (positive). Now, you told Connie, did you not, that you were going to go down and work on Mark’s car.

    A. No.

    Q. You told her that before you left Milledgeville that morning?

    A. I had told her that I was going to see about working on Mark’s car. But, I had to talk to the Sheriff first. But, I – I wasn’t going to go work on Mark’s car that morning just to be going to work on his car.

    Q. On May the 4th, 1991, when you got up that morning, you didn’t tell Connie, “I’m going up to Patty’s and Mark’s house to work on Mark’s car.” You didn’t tell Connie that?

    A. No, sir, I did not.

    Q. If she said you did, she lied, didn’t she?

    A. If she said that, she would.

    Q. Uh-huh (positive). Now, you told the jury a few minutes ago, that you opened up the house with keys. . .

    A. This is true.

    Q. . . .that Patty gave you?

    A. This is true.

    Q. Yet you told Marc Mansfield back on May – in May, of 1991, that you took your knife and you poked the glass out of a basement window and you tripped the lights on that, so you could


    Page 616

    Get into the house, didn’t you?

    A. No, that ain’t exactly what I told him. But, that is, in sense, what I told him, yes, because I was tired of being harassed and threatened.

    Q. You don’t mind telling a lie a bit in the world. And, you told the jury up here you were lying to them, that you lied this morning, didn’t you.

    A. No, I did not.

    Q. You said, “I called somebody and asked them to tell a lie for me.”

    A. Oh, this is true.

    Q. Yeah. And, then you said, “I called over there in South Carolina and I told the man a lie.” Did you say that?

    A. I called South Carolina and told the man a lie?

    Q. Yes, sir. That’s two times you’ve done told the jury about you lying, ain’t it? And, it wasn’t nothing serious then, was it?

    A. No, I didn’t say I called nobody in South Carolina – no man in South Carolina and told him a lie.

    Q. You said you told him you were the contractor.

    A. It was a woman, not a man.

    Q. Oh, I’m sorry, that’s all right to lie to a woman, ain’t it?

    A. No, it’s not all right to lie to nobody.

    Q. All right, now. . .


    Page 617

    A. But, there was information I had to find out.

    Q. . . .well, now, when did you get that note from Patty that told you in detail everywhere she was going to be on the weekend of May the 4th.

    A. On a Wednesday.

    Q. On a Wednesday. And, what did the note tell you?

    A. Like I said, I don’t remember exactly everything that was on there, but it had the hotel, the room, the phone number, and where it was at.

    Q. Tell me something, why would she do that to you?

    A. Sir?

    Q. Why would she have done that to you? Was she trying to torture you? Or, was she wanting you to come over there and visit with her and her boyfriend?

    A. Well, if I could answer that one, then you could answer why SHE DONE IT ALL THE TIME.

    Q. Well, I know . . .

    A. It wasn’t the first note she ever put in my mailbox.

    Q. . . .that since our lack of freedom is in the balance here, you kept that not to prove that Patty gave you all that information, didn’t you.

    A. No.

    Q. Oh. . .

    A. I haven’t got it.

    Q. Well, what happened to it, do you know?


    Page 618

    A. THE SAME THING THAT HAPPENED TO THE REST OF MY CLOTHES, EVER WHAT Y’ALL DONE WITH THEM.

    Q. We took it? Didn’t Mr. Mize over there give you back all of your clothes including the ones I wanted him to keep?

    A. MR. MIZE HASN’T GIVEN ME NOTHING. He hasn’t even given me my personal effects. The only things he has given me is my wallet and a cigarette lighter.

    Q. In other words, you say that this is in your – these this note is in your personal effects?

    A. Do what?

    Q. The notes that Patty wrote to you and left in the mailbox are in your personal effects?

    A. Yes, sir.

    Q. And, then you had them on you that day when you were arrested?

    A. Yes, I did.

    Q. All right, sir. And, how many notes did you have from Patty on you that day?

    A. Just that one, it was in my shirt pocket.
    (See photo showing shirt inside van.)

    Q. In your shirt pocket? And. . .

    A. It was in my wallet to start with. And, then when I took it out of my wallet when I made the phone call, I stuck it in my shirt pocket.

    Q. Okay. You really made the phone call based on a little note with two telephone numbers laying there on the table


    Page 619

    by Patty’s telephone. It had Steve’s number on it and a contractor’s in Monticello, didn’t you?

    A. THERE WASN'T A PAD LAYING THERE BY THE TELEPHONE. (See photos taken inside residence, no pads shown anywhere.) If you’ll get your pictures and look at it, the only thing that’s laying there by the telephone is a pack of rifle shells.

    Q. All right sir. And, while you were at Patty’s house, what radio station did you listen to in Mark’s room?

    A. I didn’t go to Mark’s room.

    Q. What was the radio station you generally listened to, Mr. Fugate?

    A. 108, 107, 105, it don’t make any difference. I enjoy all kind of music.

    Q. 105. You don’t listen to the rock stations Mark listens to, do you.

    A. Yes, I do.

    Q. All right, sir, well, can you tell us why, after you spent a few hours in Patty’s house, about eight hours to be exact – eight and a half hours, that Mark’s radio was turned to a station that he never listens to?

    A. Well, I could answer that if you could answer me HOW COME THAT PLUNGER ON THAT RIFLE GOT ON THE FLOOR IN PLAIN DAYLIGHT SIGHT, that anybody could see.

    Q. I could – I could tell you, you put it there.

    A. Oh, I put it there?

    Q. Yes, sir.


    Page 619

    A. In plain daylight. . .

    Q. You asked me, I’m sorry, I told you.

    A. . . .but, yet, he picks up the gun. . .

    Q. All right.

    A. . . .yet, he picked up the gun, and sees the plunger laying there on the floor. But, yet, Mark knows every bit about this gun, because I taught him how to take care of it, how to clean it, and you’re going to tell me, he would leave the plunger laying on the ground there – on the floor, and not put it back in the gun?

    Q. Mr. Fugate, do you doubt for one minute that if there had been a bullet in that gun, that Mark would have killed you, with you beating his mother? Do you doubt for one minute that he would have shot you?

    A. Yes.

    Q. You don’t believe he would have?

    A. NO, SIR.

    Q. If he said he would, would you believe him?

    A. From what I heard yesterday, and the way he feels now toward me, and with the threats that he’s made, with all the hurt and the pain he feels, yeah, I’m pretty sure he’d – he would intend to shoot me.

    Q. Do you know that – do you believe based on what you heard yesterday that he believed that you were going to kill his mother?


    Page 621

    A. No, sir, because I HAVEN’T NEVER HURT NEITHER ONE OF THEM WHATSOEVER. He had told a lot of lies yesterday. I know that for a fact.

    Q. He told a lot of lies, yesterday?

    A. Yes, sir.

    Q. What did he lie about, Mr. Fugate?

    A. Okay. Can I hold to my evidence?

    Q. Yes, sir. What you want to hold?

    A. I’d like to hold that pistol.

    Q. Yes, sir, I was going to ask you to do that. But, be careful, Mr. Fugate. . .

    A. It’s unloaded, ain’t it?

    Q. . . .it’s unloaded, you know.

    A. It’s unloaded.

    Q. All right, sir.

    A. Yeah. . .

    Q. Yes, sir, it’s unloaded. I checked.

    A. . . .there’s no bullets in it.

    Q. Yes, sir. Show me.

    A. Okay. He said I was holding this pistol like this, true?

    Q. I’m not sure. You’re telling. But, go ahead, I’m not sure.

    A. Okay. When he said I beat this lady fifty times with this pistol.


    Page 622

    Q. Yes, sir.

    A. If I wasn’t afraid of getting in trouble, I’d hit it right there. . .

    Q. Go right ahead, sir.

    A. . . .and I would show you that a slight mark on that piece of wood, as hard as that wood is, would put a mark on that wood. And, if I had beat somebody fifty times with this pistol, you think there wouldn’t be blood and gashes and cuts all over that woman’s face, like he said there was done?

    Q. There were in the head, weren’t there, sir?

    A. NO, SIR, THERE WEREN’T. There were bruises, I’ll grant you that. There was ONE ZIG-ZAG MARK ON THE BACK OF HER HEAD. IT WAS NOT CAUSED BY THIS PISTOL. There’s nothing on this pistol whatsoever with a zig-zag line on it that would make that mark on the back of her head.

    Q. All right, sir, while you’ve got that pistol in hand, do something for me, SQUEEZE THAT TRIGGER and make the hammer come back and go down. . .

    A. Squeeze it?

    Q. . . .would you do that?

    A. You want me to cock it or just pull. . .

    Q. No, just like it is. No, hold it out here where the jury can see you squeeze it. All right, sir. Now, thank you, sir.

    A. It’s very easy to do.


    Page 623

    Q. Now, is that the way you had the gun when it went off each time?

    A. No, sir.

    Q. How did you have it?

    A. Had it in here. The first time I had it was like this and I had it away from me. And, Pat grabbed for it, and when she done it, she grabbed the trigger and it shot off right into the floor.

    Q. How do you know she grabbed the trigger?

    A. Because her hand was on it, because I had to knock it off of it.

    Q. But, you looked down and said, "Hey, pat’s hand is on that trigger," just as the gun went off, is that right?

    A. No, sir. You know, you’re trying to make smoehing out of nothing.

    Q. Yes, sir. And, the second time it. . .

    A. No, you want me to show you how it went off the second time?

    Q. Yes, sir, show me how it went off the second time.

    A. I had it in my hand just like this. It was on the back of the seat.

    Q. Uh-huh (positive).

    A. And, this had was on the front of the seat.

    Q. Yes, sir.

    A. And, then when she kicked me in the chest, my hands


    Page 624

    went up. When she did, my finger come back on the trigger. That’s the only way I can explain it.

    Q. YOU COULD SELL THE GOLDEN BRIDGE.

    A. If I had it, I’d try.

    Q. Mr. Fugate, you say that you spent some seven hours out there in the woods, is that right?

    A. In the woods?

    Q. In some place?

    A. Oh, yes.

    Q. And, that you had this gun with you all the time.

    A. Yes, sir.

    Q. And, you thought about taking your own life?

    A. I had thought about it, yes.

    Q. You didn’t have that gun in your hand any of that time, did you?

    A. Yes, I did.

    Q. HOW IN THE WORLD DID YOU AVOID ACCIDENTALLY SHOOTING YOURSELF THE WAY IT KEPT GOING OFF IN YOUR HANDS, MR. FUGATE?

    A. It didn’t keep accidentally going off in my hands.

    Q. What did you do with the two hulls that was in the gun?

    A. Laying beside an oak tree out there.

    Q. Why did you take them out?

    A. I don’t know. I was just sitting there trying to think. And, I opened the pistol up and I took the two


    Page 625

    Cartridges out that had been discharged and I had them in my hand and throwed them down beside an oak tree out there.

    Q. And, you say you didn’t put that gash on the top of her head with that gun?

    A. THIS IS TRUE.

    Q. Well, how did it get in there?

    A. Well, there was a lot of stuff laying on the porch [entrance room] there, and we was wrestling and we was falling. Evidently, she hit her head at one time. . .

    Q. Yes, sir.

    A. . . .on something sharp which put it in there. Like I’m saying, that gun has got no zig-zag whatsoever on to it, and that pistol could not have made that mark on the back of her head.

    Q. You’re not very familiar with the fact that something breaks in an uneven line when it’s a force instead of a cut, are you?

    A. I know when you’re hit with an object, it will break, but IT WILL NOT TEAR IN A ZIG-ZAG FORMATION.

    Q. All right, sir. Now, what about the blow to the face? [bruise was on forehead]

    A. Well, when we fell, she fell on top of me, most of her body fell on top of me, her HEAD HIT THE FLOOR right beside me. . .

    Q. Nobody. . .

    A. . . .and, if you’ll notice in the picture. . .


    Page 626

    Q. Go ahead. . .

    A. . . .yeah, let me have that picture, if you don’t mind.

    Q. Look at all of them for me.

    A. Nothing pretty to look at, but I’ve got to look at them. This picture here. You’ll notice the bruises on her face is on her right hand side.

    Q. Uh-huh (positive).

    A. When she fell – and she fell toward me, and she hit her head, her right hand side hit the floor first, and that is the bruises that you see on her head right there.

    Q. All right, sir, further, now is that the same time she hit herself in the back of the head?

    A. I don’t know how she got that. I don’t know how she got those on the front of her face, neither. [there were two minor bruises on face] I’m speculating, just the same as you’re doing.

    Q. All right, sir, I see. Now, can you tell me, then, you described so exactly a broken window in the house, can you tell me why you were able to describe that so closely just to get somebody off your back?

    A. Well, this here is no where near what it looked like when I seen it. I seen the broken glass, but it wasn’t busted out like this.

    Q. THE SAME FELLOW WHO STOLE THE NOTE FROM PATTY PROBABLY BROKE THAT OUT TO FRAME YOU, DIDN’T HE?


    Page 627

    A. Are you making accusations?

    Q. You didn’t do that, though, did you?

    A. Are you making accusations?

    Q. OH, YES, SIR.

    A. Okay. No, I did not do that. And, this is not the way it was when I was there. There was a hole right here, grant you this, but it looked more like a BB shot, and if you’ll take a look around the house, THERE’S A LOT MORE WINDOWS SHOT OUT WITH A BB GUN, because my son was very careless with a BB gun, and he just shot out a lot of windows.

    Q. Yeah, I know, you asked me if I was making accusations. I’m sorry. I just meant I was quoting you.

    A. Yes. I told that man a lie.

    Q. Oh, that’s the fourth lie now you’ve admitted to.

    A. No, that ain’t the fourth lie.

    Q. All right. Good.

    A. I told you, I GOT TIRED OF BEING HARASSED AND THREATENED, and I said some things down there – I was very upset that day. And, when you’ve got somebody setting there harassing you, and trying to make you say thing that not true, and trying to make you say things that you don’t want to say, which I had told him to start with. AND, HE’S DONE ADMITTED THIS. . .

    Q. Mr. Fugate. Mr. Fugate, you made a statement here that covers just that little bit and a little bit more and the


    Page 627

    minute you told them that you didn’t want to talk to them any more, that you wanted an attorney, they shut up, and left you alone.

    A. NO, SIR, THEY DID NOT. I told them the first thing that I went there, that I needed an attorney. Just like he said, that is not what’s on that tape. IF YOU’LL GET THAT TAPE AND PLAY IT, YOU WILL SEE. YOU ONLY PUT ON THAT PAPER WHAT YOU WANTED TO PUT ON THAT PAPER. It’s just like the one you got from Connie Roach. . .

    Q. Well, Mr. Fugate. . .

    A. . . .YOU PUT DOWN THINGS THAT YOU WANTED TO SAY ON THAT PIECE OF PAPER. YOU DIDN’T TELL THE WHOLE TRUTH.
    CONNIE SAYS THAT WHAT SHE TOLD ON HER STATEMENT WAS NOT WHAT WAS TYPED UP LATER - WORDING WAS CHANGED.


    Q. . . .well, Mr. Fugate, I haven’t heard a tape. Have you heard a tape?

    A. No. But, Ricky Mize says he's got one. You know, this is something else that I've been unable to get a hold of, is all this evidence that you are supposed to have.
    DEPUTY MIZE LATER STATED THAT PROSECUTOR JOE BRILEY TOLD HIM TO DISPOSE OF THIS VERY TAPE AS THEY COULD NOT USE IT.


    Q. Thank you, sir. You mean to say you haven’t been given everything that you’ve asked for?

    A. This is true.

    Q. Have you asked your attorneys about that?

    A. YES, I HAVE

    Q. Did they tell you they couldn’t get it?

    A. They told me that you refused to give them part of it.

    Q. What part did they say that I refused to give them?


    Page 629

    A. Well, the Judge has told you to locate the van.

    Q. And, it’s been located.

    A. This is true. Why was it gotten rid of – WHY WAS ALL THIS EVIDENCE GOTTEN RID OF SO QUICK?

    Q. Did – weren’t you given the address where that van could be found and the telephone number of the man who bought it?

    A. No, sir, I was not. I found out myself. I wrote the Credit Bureau, and found out myself. I’m not stupid. I could find out things, just because I’m locked up, doesn’t mean I don’t know what’s going on.

    Q. That’s true.

    A. This is very true.

    Q. That’s true. You can get things done in there, can’t you?

    A. Yes, I can.

    Q. You can get your son’s car, can’t you?

    A. No, I can’t.

    Q. But, you can have it done, can’t you?

    A. I can have my car taken care of, yes.

    Q. What car is that, sir?

    A. I’ve got two.

    Q. Which ones do you have?

    A. The only two vehicles that I have ever bought that was my personal property that I took pride in. Everything else I


    Page 630

    ever done was for Pat and Mark. And, one of them. . .

    Q. But, what about the car, though, you were talking about? Your two cars?

    A. One of them’s a – both of them is antiques.

    Q. And, what are they?

    A. One of them is a ’57 Ford, and the other one is a ’56 Ford. One of them is a Mustang and the other one is a (inaudible).

    Q. Well, now you kept referring to the Mustang as Mark’s car.

    A. Yes, I did. Because, it will be his car when he turns eighteen years old.

    Q. But, I thought he was awarded that in the divorce settlement.

    A. No, sir, he was not.

    Q. You. . .

    A. I’ve got a copy of the divorce settlement, if you care to take a look at it.

    Q. And, it wasn’t?

    A. No, sir, it was not.

    Q. And, that’s your car?

    A. Yes, sir.

    Q. The one you went over to Patty’s to work on ain’t Mark’s car, then, is it?

    A. Legally, no.


    Page 631

    Q. If he had. . .

    A. Because, at that time, he was too young, he could not possess a vehicle.

    Q. But, let’s get back to this stuff that you have been denied by the State. Now, you tell me what you have been denied by the State.

    A. The only things I have seen is the little bit that my attorneys have been able to get me. I’ve seen my statement, an autopsy report, different papers here and there, Connie’s statement that she was supposed to have made. And, different papers. I asked for my personal belongings that Ricky Mize had, my keys. He said they were evidence. They haven't been produced as evidence. The reason he wouldn’t give them to me – the reason he wouldn’t give them to me, because I told him, I said, "Mark Fugate has broke into my house, he has stolen things, he has done things he shouldn't have done," and I said, "you have given him my key, and I want it back." And, he would not show me them keys. Them keys was not presented to my attorney UNTIL LAST WEEK. And they found out then, that YOU ALL HAD DID GIVE MARK MY KEYS.

    Q. Where is your house?

    A. 125 Park Avenue.

    Q. Is that your house and Connie’s house?

    A. That’s our house.

    Q. Our house, now. All right. Why did you call that -


    Page 632

    I can understand why you made that call to South Carolina, because before you called that, you called another person that morning on Patty’s phone that she had dated before. Why did you call that person?

    A. That person is the same person.

    Q. Oh.

    A. That is where he lives. And, I have talked to him a number of times. . .

    Q. Are you talking about Mr. Linwood Ramsey?

    A. Sir?

    Q. Mr. Linwood Ramsey?

    A. I don’t know a Linwood Ramsey.

    Q. A telephone call made from Patty’s house at 9:01 that morning. And, you were at Patty’s house at 9:01 that morning, weren’t you?

    A. A Ramsey?

    Q. Yes.

    A. May I see that, please?

    Q. Certainly, if you will look right down there at 9:01 a.m., there.

    A. 9:01 a.m. Well, I believe I can explain that.

    Q. WELL, I’M SURE YOU CAN. BUT, LET’S HEAR IT.

    A. It’s got the amount down here, thirteen cents.

    Q. Uh-huh (positive).

    A. On her phone, she’s got a redial, and when I picked


    Page 633

    the phone up, I mashed the redial.

    Q. I’LL BET YOU DID IT ACCIDENTALLY, LIKE YOU FIRED THE GUN, TOO, DIDN’T YOU?

    A. No.

    Q. No?

    A. It wasn’t accidental.

    Q. All right, why would you press redial on somebody else’s telephone?

    A. To see what number was called last.

    Q. But, that would have been none of your business.

    A. This is true.

    Q. All right, sir.

    A. But, people are curious.

    Q. Yes, sir.

    A. And, I am very curious.

    Q. I see. I think so. Now, you stated that you believed after having made a phone call – the last phone call to North Sumter, South Carolina at about 3:36 p.m., that you believed since someone answered the phone in that room at that time, that the – that Patty was over there.

    A. I figured she was, yeah.

    Q. But, you know, that’s a strange thing. You believed she was over there. And, yet you. . .

    A. I had no reason not to believe it.

    Q. . . .and, yet you told this jury that when, at 5:30,


    Page 634

    they came driving up, you told this jury, “So, I thought they must have forgotten something.” You believed at 3:30 they was in South Carolina, and at 5:30, you believed they dropped back in to pick up something they’d forgotten?

    A. Different things can happen. You know, I didn’t talk to Patty, I didn’t know whether she was there personally, or not. Only thing I heard was Steven Fields on the other end of the phone, so I assumed, and you know what assuming does for you.

    Q. You took the gun over to Patty’s with you, didn’t you?

    A. Yes, I did.

    Q. Why did you take it with you?

    A. I thought I had explained it one time. But, I will explain it again. My car broke down.

    Q. Yes, sir.

    A. The pistol, which is not actually – well, it’s registered in my name, but I had bought it for Connie. It was in the glove box of the car. And, we had been out that evening and she had took it with us. To keep anybody from getting a hold of that gun, because I had another gun beforehand that I had bought here in town at a pawn shop, which was a stolen gun, and it was hot, and I didn’t know nothing about it, but it was sold to me legally. And, I had it traced. And, I also had this one here checked, too, to make sure it wasn’t hot. And, I sent that pistol back to Atlanta, along with the set of my finger prints, so


    Page 635

    they can check it out and make sure I didn’t have nothing to do with that gun.

    Q. Now, you bought the gun for Patty – I mean, for Connie.

    A. Connie, not Patty.

    Q. When did you buy it for Connie?

    A. I don’t remember right off hand.

    Q. And – but, Connie didn’t have it?

    A. No, she wasn’t in the car with me at that time, she didn’t have it.

    Q. Did you buy it for her just to have when she was in the car with you, or did you buy it for her use?

    A. I bought it for her, so she would have it whenever she needed it, if she ever needed it.

    Q. But, you reckon WHENEVER SHE NEEDED IT , SHE’S GOING TO HAVE TIME TO GO FIND YOUR CAR AND GET IT AND GO BACK TO WHERE SHE NEEDED IT?

    A. She was going off with a friend of hers that morning, and her friend toted a pistol of her own, so she – evidently she didn’t need it. Because she didn’t take it with her.

    Q. Well, why didn’t you offer it to her?

    A. Why should I offer. . .

    Q. Why didn’t you say, “Hey, Connie, you forgot your gun?”

    A. . . .why should I offer her something when she had


    Page 636

    something already with her?

    Q. But, you didn’t say, “Connie, you forgot your gun and left it in my car?” You didn’t say that, did you?

    A. No, sir, I didn’t. Why would I want to say that?

    Q. BECAUSE YOU WANTED THE GUN. You wouldn’t have wanted to say it, that’s what – the point I’m making.

    A. Well, the point is that there was no point in me telling her to take her pistol when I knew the friend she was going with already had one.

    Q. BESIDES YOU NEEDED IT, IF YOU WERE GOING TO SHOOT PATTY THAT DAY, DIDN’T YOU?

    A. No sir, that’s a lie and you know it.

    Q. YOU NEEDED THAT GUN SO YOU COULD SHOOT PATTY WITH IT, DIDN’T YOU?

    A. That’s a lie and you know it.

    Q. And, YOU WENT OVER THERE AND YOU BROKE IN HER HOUSE SO YOU COULD SHOOT HER, DIDN’T YOU?

    A. No, sir, I did not. You’re trying to make me mad and it ain’t going to work, because you don’t know what you’re talking about. I sat here and I swore I’d tell the truth and I’ve told the truth.

    Q. Well, you five time of your own accord you’ve lied.

    A. This is true, this is most certainly true. But, I’m not sitting her [here] telling a lie trying to cover it up, neither. I told you I told a lie.


    Page 637

    Q. IN OTHER WORDS, YOU WOULD LIE ABOUT SOME LITTLE OLD SOMEHTING THAT DON’T MEAN NOTHING, BUT YOU WOULD TELL THE TRUTH WHEN IT COULD MEAN YOUR LIFE, IS THAT WHAT YOU’RE TELLING THE FOLKS?

    A. I am sitting up here telling the truth whether you want to believe it or not.

    Q. All right, sir. Now, let me get on with this business. When you went upstairs and Patty was on the telephone talking to her sister, what did you do?

    A. I told you, I mashed the receiver.

    Q. And, you had the gun in your hand.

    A. This is true, it was down by my side.

    Q. Down by your side? You want to go upstairs to talk her into taking you to the Sheriff, and YOU’VE GOT THIS HERE ACCIDENTAL FIRING GUN IN YOUR HAND ALL THAT TIME? Right?

    A. Yes, sir.

    Q. I. . .

    A. I’m not trying to deny anything. I’m telling you the truth.

    Q. . . .why did you – I know, but we want to know why you had the gun in your hand?

    A. Well, it would have been kind of stupid for me to throw it out in the lake, now, wouldn’t it?

    Q. Didn’t you have pockets in your britches?

    A. Yes.


    Page 638

    Q. Well, what’s wrong with them?

    A. Because, I – when I started to leave the house, it was laying on the table. I picked it up off the table and I had it in my hand. I didn’t have no idea I was gong to walk into Patty.

    A. But, when you heard her out there, and she came in, you knew it was Patty coing back from South Carolina to get something you thought she had forgotten?

    A. No, sir, that ain’t what I said.

    Q. But. . .

    A. I didn’t say nothing about her being in South Carolina, now, did I?

    Q. Yeah, you said you thought she was.

    A. I thought she was.

    Q. Right. But, why didn’t you put the gun in your pocket like that, and say, "Patty, darling, I’m sorry I’m in your house. I ain’t supposed to be here. Take me to the Sheriff – if you’re going to prosecute me, take me to the Sheriff. Because if you ain’t, let me out the door." You didn’t say that, did you?

    A. (No response.)

    Q. You didn’t say nothing like that, did you?

    A. No, you can stand up there and say what you want to. You know, when you’re in a situation that you have no control over, you don’t think too clear. And, you know, you telling me


    Page 639

    to take this pistol and just shove it in my pocket. . .

    Q. Yeah.

    A. . . .that was the least of my thoughts. Least – all I wanted to do was just get out of the house. I wasn’t worried about – I wasn’t even thinking about the gun. So, why would I think about sticking it in my pocket?

    Q. But, you thought enough about it to disable that boy’s gun, where he couldn’t stop you from killing his mama.

    A. Let me tell you something. You know, you say I disabled that gun. . .

    Q. Yeah.

    A. . . .you know, I’ve got some notes over there, and if you had done your job the way you should have done it to start with, you would have took finger prints. But, you didn’t take no finger prints and you could have seen MY FINGER PRINTS WAS NOT ON THAT GUN. So, now, you’re telling me I disabled that gun, but you have no prints to prove it.

    Q. How do you know your finger prints are not on the gun?

    A. Because you ain’t got none. That’s how I know. And I DIDN’T TOUCH THE GUN, SO THEY COULDN’T BE ON THERE.

    Q. But, you told me. . .

    A. And, if they had took finger prints of the gun, they wouldn’t be on there.

    Q. . . .but, you told me you taught the kid to use that gun?


    Page 640

    A. I most certainly did.

    Q. You’ve handled it many times.

    A. This is true.

    Q. Thank you.

    A. But, when you CLEAN THE GUN, YOU ALSO WIPE OFF FINGERPRINTS. . .

    Q. And, you wiped them off that day.

    A. . . .he also kept it clean.

    Q. And, you wiped them off that day before you let him – before you laid it down for him to assume was loaded, and then go pick up that gun.

    A. You know, that’s kind of a raw statement. You’re saying it was assumed it was loaded, and you could see in the picture, that the plunger was laying on the floor. So anybody would know. . .

    Q. But, where was the gun laying?

    A. . . .there wasn’t no bullets in it, if the plunger. . .

    Q. But, was the gun laying beside the plunger?

    A. The only thing I can tell you is by your pictures. Y’all have got a picture of it laying there in the front room, laying on the floor. You’ve got the plunger laying directly upstairs beside [under] the bed. It would be nothing to take that plunger out and throw it up there, now would it? Would there be anything to keep him from doing that?

    Q. But, why would he do that?

    A. Do you want to answer my question?


    Page 641

    Q. Why would he do that?

    A. Why would he do anything he does? Why does people do the things that they do?

    Q. All right, sir. Now, so you went into the room where Patty was on the telephone and you pushed the plunger down on the telephone, so it would cut her off – off the line, right?

    A. This is true.

    Q. Why did you do that?

    A. Because I wanted her to take me to the Sheriff’s Department.

    Q. But, if you – but couldn’t you have waited until she got through with her telephone conversation, and then she wouldn’t have been worried?

    A. (No response.)

    Q. Which hand did you have the gun in?

    A. When she seen me walk into that room, the expression on her face told me that she was concerned.

    Q. Well, why shouldn’t she be? Hell, all you had was a big old gun in your hand. . .

    A. She didn’t see the gun to start with.

    Q. . . .why shouldn’t she have been scared? Huh?

    A. She was looking at me. She wasn’t looking at my hand. My hand was down by my side. The only – she didn’t notice the


    Page 642

    gun until after I mashed that receiver and I asked her to take me down to the Sheriff’s Department. Then she looked at my hand.

    Q. Look at me. Have I got the gun in my hand?

    A. Yes.

    Q. All right. Now, so you walk in there with the gun in one hand and you push down the plunger of the telephone with the other hand. That right?

    A. I didn’t lean over, no, sir.

    Q. You just approached her and pressed down the receiver?

    A. That’s right. I was standing directly. . .

    Q. And, what did you say to Patty then?

    A. I asked her if she would take me to the Sheriff’s Department.

    Q. And, what did she say?

    A. Sir?

    Q. And, what did she say?

    A. She didn’t say nothing.

    Q. Is that before or after you hit her in the head with gun?

    A. I AIN’T NEVER HIT HER IN THE HEAD WITH THAT GUN.

    Q. And, I grabbed her by the hair of the head. . .

    A. I TELL YOU WHAT, YOU TAKE ALL YOUR PICTURES THERE, YOU GET THAT DOCTOR BACK IN HERE, AND YOU TELL HIM TO PROVE THAT THAT DAMN GUN HAS EVER HIT HER IN THE HEAD. IS THERE ANY MARK


    Page 643

    ON THAT WOMAN’S HEAD WHATSOEVER, THAT THAT GUN PUT ON HER? NO. THAT GUN HADN’T NEVER STRUCK THAT WOMAN.

    Q. And, then you grabbed her by the hair of the head and dragged her out in the rain, didn’t you?

    A. That’s what Mark said, yes.

    Q. Uh-huh (positive). And, then you pushed her in that car out there, didn’t you?

    A. If I grabbed her by the hair of the head and drug her outside, how did she get the bruises on her face?

    Q. I’m going to let the jury determine that. They’ve heard enough to make that decision. I won’t answer it. All right, sir. Now, you dragged her out there in the car. . .

    A. NO SIR, I DID NOT DRAG HER OUT THERE.

    Q. . . .and, you lifted her up and you shoved her up in the seat of the van on the driver’s side, right?

    A. I picked her up, yes. I did not shove her.

    Q. How much did she weigh?

    A. About ninety pounds.

    Q. About ninety pounds. About five and half feet, right?

    A. Something like that, yeah.

    Q. And, she scratched you all over when you were fighting with her.

    A. That ain’t what I said.

    Q. Where did she scratch you?


    Page 644

    A. Just on my face and my neck.

    Q. Did you have a picture taken when you arrested?

    A. Yes, I did.

    Q. I show you State’s Exhibit Number Thirty-Three, and I ask you, do you recognize that?

    A. Yes, I do.

    Q. See any scratches on your face?

    A. Not that you could tell.

    Q. All right, sir, is that your picture?

    A. Yes, it is.

    Q. That was made when you were arrested?

    A. Yes, it was.

    Q. Thank you, sir.

    A. Yeah, but I ain’t through.

    Q. All right, sir. Go right ahead.

    A. You made your point, I’ll make my point.

    Q. Go right ahead, sir.

    A. I’ve still got the scratches on me. You can still see them [a year later scar were barely visable, but you could see them]. They don’t show up in this picture, and I don’t think the jury right there could really tell – tell that I’ve got them right now.

    Q. All right. Well, show them to them.

    A. May I walk over to the jury?

    Q. Certainly.


    Page 645

    Whereupon, Mr. Fugate walks over in front of the jury.)

    A. You’ll have to look close in order to see these scratches. See these white marks on my neck and right here on my chin. See my chin? See them. Those little white streaks.

    MR. BRILEY: It is my time. . .
    BY MR. BRILEY:

    A. It is not very noticeable at all.

    Q. All right, sir. Okay.

    MR. BRILEY: It is not my time, but may I have a waiver and offer this at this time?

    MR. BELLURY: I have no objection.

    MR. BRILEY: I offer it as State’s Exhibit Thirty-three.

    THE COURT: In evidence without objection.

    MR. BRILEY: And, I will let the jury look at that.

    BY MR. BRILEY:

    A. And, if you take a good look at that picture, the bruises that I had on me is not shown in that picture, also. There was no picture taken of me of my clothes when I was taken into custody. There was no picture taken of any bruises whatsoever, of my scratches, bruises or nothing.

    Q. Now, when you put her in that car. . .


    Page 646

    A. Van.

    Q. . . .van, what did she do then? Did you hit her then?

    A. I have never hit that woman.

    Q. This whole time, you didn’t hit her?

    A. I have never hit that woman in my life.

    Q. Well, can you tell me. . .

    A. I have never hit nobody in the last twenty-three years.

    Q. You’re pretty good at explaining this, will you tell me how blood got all over that car, how her blood got all over that car in the front – that van in the front.

    A. Well, if you take your pictures there and look at them, you’ll notice there ain’t but just a few spots of blood [7 drops of blood were all that was found inside the van, plus what was on the napkin where Pattie's head was laying when she was shot].

    Q. But, there. . .

    A. And, you’re trying ot make it sound like it was gory – all kinds of blood in that van.

    Q. All right, well, tell me, then how THOSE FEW SPOTS got in there?

    A. Well, just like the doctor tried to explain it to you yesterday, that blood splatters, is what he said.

    Q. He said it probably didn’t in this case, though, didn’t he?

    A. No. If he did, I didn’t hear him.

    Q. Your attorney tried to get him to say it was possible. He finally said, well he could say it wasn’t possible. Is that


    Page 647

    what he said?

    A. I don’t remember everything he said.

    Q. But, where was she when your bullet hit her?

    A. (No response.)

    Q. Where was she in this van – let me show you State’s Exhibit Twenty-Four. Now, you point out to us where she was when your bullet – when that gun accidentally went off. . .

    A. This picture don’t show it. You can’t see inside the van.

    Q. Oh, she was back inside the van?

    A. You know, Mark said I had her outside the van, and I grabbed her with my hand and I put the pistol to her head, and I pulled the trigger. There was no gun powder residue whatsoever. If I was that close, there would have been gun powder residue.

    Q. I believe Mark said you were – the barrel of the gun was about a foot from her head when you pulled the trigger. I believe that’s what he said.

    A. The doctor also said that anywhere from a foot to two foot, there would be gun powder residue.

    Q. Except, didn’t you hear him say, when it got screened by the hair that was over her forehead?

    A. Yes. I heard. . .

    Q. Now, tell us she didn’t have any hair on her forehead.

    A. . . .I also heard that, too.

    Q. Tell us what.


    Page 648

    A. I also heard that, too. But, her hair was also put up in a pony-tail. And, her hair was not over her head. The only time her hair got over her head is after Mark picked her up frm the ground and sat her up and her - leaned her over and her hair fell forward.

    Q. Uh-huh (positive).

    A. The hair was not in her face.

    Q. Now, let’s talk about – you lifted her out of the van, after you accidentally shot her. Is that your story?

    A. Yes.

    Q. And, you very carefully put her down on the ground, and let her head flop over like that and hit the ground and her legs spread out there like that. You left her like that?

    A. No, sir, I did not.

    Q. How did you leave her?

    A. Laying over on her side. The blood that this gory picture you’ve got of her with all that blood on her face and all, if she had been – if I had laid her in that position, and the blood that run out of her after she laid there would have all run this way. It wouldn’t have run down her face. She had to have been picked up, sit up, for that blood to have run down her face.
    See opening part of trial, Briley states that Mark did indeed move Pattie. Photo Briley was showing at this time was of Pattie AFTER she was taken to Atlanta and had been in a body bag, not the one of her laying on the ground after she had been shot.)

    Q. All right, sir. Now, how long did you hold her there?

    A. I can’t answer that to the exact minute, because I don’t know. It could have been a few seconds, it could have


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    been a minute or two.

    Q. Right. Well, did you check to see if she was dead?

    A. Like I said, I lost my head. Could – can you stand there and tell me that you knew exactly what you would do if something that tragic would happen to you? Somebody that you cared that much for and all of a sudden they’re dead laying in your arms. Could you tell me exactly what you would have done?

    Q. You mean, after I. . .

    A. No, sir, you could not.

    Q. . . .YOU MEAN, AFTER I HAD BLOWED THEIR RAINS OUT? You may be right.

    A. That ain’t what I said. I’m not accusing you of blowing nobody’s brain out, and I wish you quit accusing me of blowing somebody's brains out, when I didn't do it.

    Q. The doctor said that’s what you did, Mr. Fugate.

    A. No, that ain’t what the doctor said. Now, he said the


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    projectile went in her brain. . .

    Q. Who fired the. . .

    A. . . .he didn’t sit up here on this chair and say I blowed her brains out.

    Q. . . .who fired the projectile?

    A. (No response.)

    Q. This is your gun, isn’t it?

    A. It was my gun, and. . .

    Q. That is the gun that killed Patty?

    A. . . .I guess – I guess you could say I fired the projectile.

    Q. That’s the gun that killed Patty, right?

    A. Yes, sir.

    MR. BRILEY: No further questions.

    THE COURT: Redirect?

    MR. BRILEY: NOTHING ON REDIRECT, YOUR HONOR.

    THE COURT: You can go down, Mr. Fugate.
    Call you next witness.

    MR. BELLURY: Defense rests.

    MR. BRILEY: Call Agent Whitley.

    THE COURT: The State’s rebuttal? The State have rebuttal evidence?

    MR. BRILEY: Ricky Mize. Wait a minute, I’m sorry. Marc – send Marc in.

    THE COURT: This is the State’s rebuttal, Mr. Briley?

    MR. BRILEY: Yes, sir, I’m calling him.


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