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Thomas v. State

Defendant strangled his girlfriend by wrapping an extension cord around her neck and twisting it around a broom handle.

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In a bench trial, appellant James Tyrone Thomas was found guilty of the malice murder of his girlfriend, Carrie Lee, and was sentenced to life imprisonment.1 On appeal, he contends the evidence was insufficient to support a finding that he was guilty of malice murder, and he maintains he is guilty of nothing more than voluntary manslaughter.

1. At the bench trial, the State presented evidence that, on November 6, 2000, appellant arrived at the Mitchell County Sheriff’s office where he reported that he had just killed his girlfriend. After he was advised of his Miranda rights, he repeated the statement and gave his apartment key to the deputies to whom he made his statement. When they arrived at the apartment appellant shared with the victim, their infant son, and the victim’s two other children, they found the victim lying face down on the floor of the master bedroom, with an electrical extension cord looped twice around her neck and twisted around a broom handle. The forensic pathologist who performed the autopsy testified the cord had been tightened around the victim’s neck by twisting the broom handle in the cord to the point that the cord was so embedded in the victim’s throat that it was difficult to cut the cord loose. The victim died due to ligature strangulation.

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