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Roebuck v. State

Defendant did not unambiguously and unequivocally invoke his right to counsel when he commented after initial questioning that he probably should wait for his attorney, but wanted to go ahead and tell the investigators about his crimes.

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Appellant Douglas Roebuck appeals his convictions for malice murder and related crimes,1 claiming his custodial statement should not have been admitted into evidence at trial. Having reviewed the record, we conclude that appellant’s post-arrest statement to police was voluntary and that he did not unambiguously and unequivocally invoke his right to counsel during interrogation. Accordingly, we affirm.

The evidence of record shows that appellant and his codefendants Gray, Adams and Silvers lived in Anderson, South Carolina. They had previously supplied prostitutes to a group of Mexican men who lived and worked in Hart County, Georgia. On January 12, 2001, the four codefendants, along with appellant’s brother, met at appellant’s home. Armed with guns, the four codefendants drove to a mobile home in Hart County where six Mexican men were playing cards. Codefendant Silvers waited in the car, and codefendant Adams stood lookout, while codefendant Gray and appellant burst into the mobile home, wearing masks and wielding guns, and demanded money from the occupants. Three men were shot and wounded inside the trailer. Another man, Jorge Hernandez, stood outside and was shot and killed by appellant as he exited the trailer.

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