Henley v. State

Defendant was not in custody when he voluntarily road to the police station in an unmarked car with doors that could be opened from the inside and voluntarily told the officers that he asked the 13-year-old victim for his belt after a confrontation.

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Albert Thomas Henley was convicted of felony murder stemming from the beating death of his 13-year-old son, Antonio Gunn.1 On appeal, Henley challenges the admissibility of certain statements made to police both prior to and after receiving Miranda warnings. Finding no error, we affirm. Viewed in a light most favorable to the verdict, the evidence shows that Sabrina Henley, Henley’s wife and the child’s stepmother, arrived home to find Henley with blood on his shirt and a belt and extension cord in his hand. Henley told his wife, “I’m glad the Lord has taught me how to whip Antonio.” The child was sitting on his bed crying and complaining that he had difficulty breathing. While Mrs. Henley ran a bath for Antonio, she heard Henley continue to beat the child. She went back into Antonio’s room and asked him to take his bath. Henley followed Antonio into the bathroom where he hit him again with the belt, causing him to fall unconscious. Henley then telephoned the home of his pastor and told the pastor’s wife that Antonio had been mischievous and was no longer moving. She told him to check Antonio’s pulse while she waited on the phone; when Henley returned to the phone, he told the pastor’s wife that Antonio’s heart had stopped beating. Henley ultimately called 911 and summoned help.

Paramedics arrived at the home to find the child dead and in rigor mortis. Police investigators first spoke with Henley at the scene, where he stated that he had come home to find Antonio in bed. Mrs. Henley told the police that Antonio was not breathing and they thought he might have had a heart attack. Henley appeared to be agitated and the officers asked him if he would go with them to their office so they could ask about the events of the evening. Henley voluntarily rode with the detectives to the station. He was in an unmarked car which could have been opened from the inside; he was neither physically restrained nor formally arrested.

Henley v. State

Defendant was not in custody when he voluntarily road to the police station in an unmarked car with doors that could be opened from the inside and voluntarily told the officers that he asked the 13-year-old victim for his belt after a confrontation.

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