Chumley v. State

A jury found Tom Chumley guilty of malice murder of his mother and possession of a firearm during commission of that crime. The trial court entered judgments of conviction on the guilty verdicts and sentenced Chumley to life imprisonment for the murder and to a consecutive five-year term for the weapons offense. Following the denial of a motion for new trial, he appeals. 1. The victim, Meredith Guy, was in poor health, but lived alone. Her daughter, Martha Mantlow, lived some distance away and called her every Friday. When Ms. Mantlow phoned one Friday and there was no answer, her husband contacted his cousin and asked him to go to Ms. Guy’s home to investigate. He did, and found the door open and the victim’s body in the hallway. She had been shot twice, once in the head and once in the back.

More than a year after the murder, Chumley called 911 and stated that he wanted to be arrested for the crime. A few weeks later, he presented himself at jail where he asked to turn himself in for the murder. He was not placed under arrest or restrained and, after being advised of his constitutional rights and signing a waiver, he made an inculpatory statement which was videotaped. Thereafter, Chumley was arrested. The following day, he executed another waiver and made a second statement which was also videotaped.