I, (Clarence Harper 33G) was dispatched to 119 Blue Branch Road in ref. to a 10-16. Radio operator told me Wallace Fugate was beating his wife. Maybe 5 minutes after I started, the operator said she had a call that Wallace had shot Pattie Fugate.

When I arrived at 119 Blue Branch, Mrs. Fugate was sitting in the front yard slumped forward. Her son was sitting beside his mother holding her hand and the son had a portable phone in one hand.

When I pulled up, he said, “she’s already dead”. I asked the son what happened? He said, “he (Wallace) shot her in the head.”

Clarence Harper, Deputy 33G
5-6-91

_________________________________________________________________

Pages 392-396

CLARENCE HARPER
Witness having been first duly sworn
Testified on
DIRECT EXAMINATION BY MR. CLINE:

Q. I ask you, if you would, to speak up so that the jury can hear you. Would you state your name for the record, please, sir?

A. Clarence Harper.

Q. And Mr. Harper, how are you employed?

A. Deputy Sheriff, Putnam County.

Q. And Mr. – Deputy Harper, were you employed as a deputy sheriff here in Putnam County on the 4th day of May, 1991?

A. Yes, I was.

Q. And were you on duty at any time during that day?


Page 393

A. Yes, sir.

Q. Do you remember what shift you were worked that day?

A. I believe the second, 3:00 to 11:00.

Q. All right, sir. Now, did you have an occasion to receive a call sending you to Blue Branch Road?

A. Yes, sir.

Q. During the course of your shift?

A. Yes.

Q. At what time did you receive that call? A.

A. I’m not sure of the time. Approximately 5:00, 5:30 maybe. ( EMT Amerson and another EMT arrived in the ambulance slightly after Deputy Harper at 5:46 pm. All three pulled in the yard about the same time. Mark’s telephone call ended to the Sheriff’s Office at 5:48 pm.) (see Amerson, T.397-398)

Q. 5:00 or 5:30. And, what did you do after you received the call?

A. I received the call at the office to go to 119 Blue Branch Road. After I left the office, the dispatcher gave me another call to go on down because there was a gun involved.

Q. All right, sir. And do you know about what time you got to 119 Blue Branch Road?

A. No, sir, I do not.

Q. All right, sir. When you arrived, who did you find there?

A. I arrived at Blue Branch. Ms. Fugate was sitting beside his mother holding her hand. He had a portable phone in the other hand. (EMT Amerson stated he saw a young man coming out of the house?) (see Amerson, page 398)


Page 394

Q. All right, sir. Now, would you describe for the jury – you said Ms. Fugate was sitting down slumped forward. Would you describe for the jury the position that she was in when you arrived?

A. Well, she was sitting one leg forward, the other leg bent under one leg and had slumped forward. The forehead of her head was laying on the ground. (How did the blood run down her face and onto her shirt if she had her face on the ground? Mr. Fugate stated he had laid Pattie down on the ground, not slumped over.)

Q. All right, sir. Now, did you – well let me ask you, Deputy Harper, were you the first law enforcement or – on the scene? (Why no mention that Mark’s friend, Billy Coker arrived before anyone else?) (see Coker) A fact never brought up at any time during trial.)

A. Yes, sir.

Q. And who arrived after you?

A. I believe Ricky Mize.

Q. All right.. Did – did the EMT service arrive?

A. I think they were behind him. (EMT Amerson stated Harper was in front of them and they pulled in the yard about the same time, at 5:46 pm.) (see Amerson, T.397-398.) (Dispatcher did not call Mize at home until 17:49 (5:49 pm) and it would have taken Mize at least 20 to 30 minutes to get to the scene.) (see Sheila Durham)

Q. All right, sir. Now, from the time you found Ms. Fugate and Mark in the positions that you’ve described them, did you move Ms. Fugate or move – or touch her body in any way?

A. No way.

Q. All right, sir. What was the weather like?

A. It was raining.

Q. Was it just a mist or –

A. Well, it was a little more than a mist, but it wasn’t flooding. (Mize stated it was flooding) (see Mize, T.440) (If it was raining, storming, why is the carpet so clean? Carpet shows no mud, dirt or footprints from all the people who were going in and out of the house? (see Inside Of Residence)


Page 394

Q. All right, sir. Now, this area down there at Blue Branch Road, what county is that in?

A. Putnam.

Q. And what state?

A. Georgia.

MR. CLINE: She’s with you – he’s with you.

THE COURT: Cross?


CROSS-EXAMINATION


BY MR. BELLURY:

Q. Mr. Harper, did – Deputy Harper, did you ask Mark when you got there whether that was the position that she had been in?

A. No, I did not.

Q. Had she been moved is really what I’m asking.

A. No, I did not.

MR. BELLURY: You didn’t ask him. That’s all I have.

THE COURT: Redirect?

MR. CLINE: No redirect.


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