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Scruggs v. State

The trial court did not abuse its discretion in allowing the victim's daughter and two of the victim's siblings to testify pursuant to the necessity exception to the hearsay rule, as their statements exhibited particularized guarantees of trustworthiness.

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Appellant Phillip Scruggs was convicted of malice murder and other crimes in connection with the torching and burning of his longtime girlfriend, Elisa Davenport.1 He appeals, asserting, inter alia, the trial court erred in admitting similar transaction evidence. Finding no error, we affirm.

1. Appellant and the victim lived together in an apartment. Neighbors could hear them fight with one another almost every day. On the day in question, appellant poured a medium petroleum distillate on the victim and set her on fire because he believed she was “cheating” on him. He also burned down the victim’s apartment building with a Molotov cocktail filled with the same type of distillate. Emergency personnel, including police officer Eric Hogan, arrived at the scene and found the victim, who was critically burned on her neck, torso, upper arms and thighs, lying in the dirt at the back of the apartment building. The victim told the officer and a neighbor that “Phillip Scruggs” “poured kerosene on me.” She told an EMT that her boyfriend burned her. Shortly thereafter, appellant was arrested at a nearby convenience store. He had minor burns on his face. Traces of a medium petroleum distillate were found on his shorts, belt and shirt. The victim died 11 days later.

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