Opinion
04-28-2023
STATE of Tennessee v. Joel Michael GUY, Jr.
Eric Lutton, District Public Defender; Jonathan Harwell (on appeal and at trial), and John Halstead (at trial), Assistant District Public Defenders; and Mark Stephens (at trial), Knoxville, Tennessee, for the appellant, Joel Michael Guy, Jr. Jonathan Skmetti, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Charme P. Allen, District Attorney General; and Leslie Nassios and Hector Sanchez, Assistant District Attorneys General, for the appellee, State of Tennessee.
Appeal from the Criminal Court for Knox County, No. 110145, Steve Sword, Judge
Eric Lutton, District Public Defender; Jonathan Harwell (on appeal and at trial), and John Halstead (at trial), Assistant District Public Defenders; and Mark Stephens (at trial), Knoxville, Tennessee, for the appellant, Joel Michael Guy, Jr.
Jonathan Skmetti, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Charme P. Allen, District Attorney General; and Leslie Nassios and Hector Sanchez, Assistant District Attorneys General, for the appellee, State of Tennessee.
OPINION
James Curwood Witt, Jr., P.J., delivered the opinion of the court, in which Timothy L. Easter, and John W. Campbell, Sr., JJ., joined.
The defendant, Joel Michael Guy, Jr., appeals his Knox County Criminal Court jury convictions of two counts of first degree premeditated murder, two counts of felony murder, and two counts of abuse of a corpse, challenging the denial of various motions to suppress evidence, the admission of certain evidence, the constitutionality of the statute prohibiting abuse of a corpse, and the sufficiency of the evidence supporting his convictions of abuse of a corpse and arguing that the cumulative effect of the errors entitles him to a new trial. Because the defendant did not have standing to challenge the warrantless entry into the house where the murders occurred, we affirm the denial of the defendant’s motion to suppress evidence seized from the crime scene on grounds different than those upon which the trial court relied. Even if the defendant had standing to challenge the entry into the house, the entry was supported by probable cause and exigent circumstances, and the evidence was in the officers’ plain view. The trial court correctly concluded that the search of the backpack was an appropriately-conducted inventory search. The trial court did not err by refusing to suppress surveillance video obtained using the receipts discovered from the unlawful search of the defendant’s Louisiana residence because the trial court correctly concluded that the police would have inevitably discovered the surveillance video during the course of the investigation. The trial court did not err by admitting evidence that the victims intended to stop providing financial support to the defendant. The proscriptive statute criminalizing the abuse of a corpse is not void for vagueness, and the evidence adduced at trial was sufficient to support the defendant’s convictions of these offenses. Finally, because we conclude that the trial court did not commit any error, no error obtains to accumulate. We affirm the judgments of the trial court.
The Knox County Grand Jury charged the defendant with two counts of premeditated first degree murder, two counts of felony murder, and two counts of abuse of a corpse related to the deaths and dismemberment of his parents, Joel and Lisa Guy, inside their Knoxville home on Goldenview Lane in November 2016.
According to the evidence presented at the defendant’s September 2020 trial, the victims were planning to retire and sell their home in Knoxville, and they had purchased Mr. Guy's family home in Surgoinsville. Angela Crain, the daughter of Mr. Guy and the step-daughter of Mrs. Guy, testified that on November 17, 2016, Mr. Guy informed the family via text message that the victims sold their Knoxville home and had to be out of the home by December 13th. Jennifer Whited, Mrs. Guy’s supervisor, stated that Mrs. Guy submitted her resignation notice on November 21st and that her last day of work was scheduled to be December 2nd.
Multiple witnesses testified that either Mr. Guy or Mrs. Guy expressed that due to their retirement, they would no longer be able to financially support the defendant. Ms. Crain testified that Mrs. Guy told her that "it was time for [the defen- dant] to stand on his own two feet." Michelle Dennison Tyler, the daughter of Mr. Guy and the step-daughter of Mrs. Guy, stated that in late October 2016, the victims informed her of their retirement plans and told her that the defendant would need to find employment because they would no longer be able to financially support him. Robin White, Mr. Guy’s sister, said that Mrs. Guy informed her that upon retirement, she could no longer be able to financially support the defendant and that he "needed to be on his own." Renee Charles, Mr. Guy’s sister, testified that one week before Thanksgiving 2016, Mr. Guy told her that he and Mrs. Guy planned to tell the defendant at Christmas that he would be responsible for paying his own bills. Ms. Whited testified that when she and Mrs. Guy discussed the victims’ retirement plans, Mrs. Guy stated that she would no longer be able to financially support the defendant.
Ms. Tyler testified that she went to the victims’ home for Thanksgiving with her three sons and that the family, including the defendant, were together from approximately 10:30 a.m. to 8:00 p.m. The defendant was staying at the victims’ house. Ms. Tyler said that the defendant typically remained in the bedroom and did not spend time with the rest of the family, but that "Thanksgiving was completely different. The moment that I arrived, [the defendant] was talking to us." She said that Mrs. Guy had kept everything that the defendant had collected and had memorialized "his entire life in boxes upstairs." The defendant and Ms. Tyler’s sons brought the boxes downstairs, and the defendant gave his toys and games to Ms. Tyler’s sons, which she believed to be "odd."
Ms. Tyler brought her laundry to do at the victims’ house because her dryer had broken. When she parked her car near the home so that she could easily take all of her clothes to the laundry room located upstairs, she saw "big totes" in the back of the defendant’s vehicle. One tote was inside the other, and the lids were on them. She went upstairs at the victims’ house to do laundry and to check on her children because she found it odd that they were interacting with the defendant. The defendant was staying in the bedroom near the top of the stairs, and Ms. Tyler said that every time she went upstairs, the defendant was "right behind" her, which she found to be strange.
While upstairs, Ms. Tyler entered the victims’ bedroom and noticed nothing out of the ordinary, recalling that the bed was made and that the bathroom was clean. The upstairs area also included a bathroom attached to the victims’ bedroom, another bathroom located down the hallway and to the right from the bedroom where the defendant was staying, and a laundry room located across from the second bathroom. She said that the victims had a dog that they "pampered" and would never lock inside a room. Ms. Tyler testified that Mr. Guy owned a large number of guns that he kept loaded, but she did not see any guns lying out over Thanksgiving. Mr. Guy also had security cameras inside the house, which were present over Thanksgiving but were missing when Ms. Tyler returned to the residence with police after the victims’ deaths.
Ms. Charles testified that on Friday, November 25, 2016, which was the day after Thanksgiving, she spoke with Mr. Guy, who stated that the victims planned to go to Surgoinsville and to return to Knoxville at approximately 3:00 p.m. Ms. White spoke to Mr. Guy via telephone at approximately 1:00 p.m., and Mr. Guy stated that he and the defendant had brought Mr. Guy’s boat to Surgoinsville and that they planned to leave soon. Ms. Charles called and sent text messages to Mr. Guy on Saturday and Sunday, but he did not respond. The victims also did not respond to Ms. Tyler’s calls and text messages over the weekend. Chandise Fink, the daughter of Mr. Guy and the step-daughter of Mrs. Guy, testified that although she spoke to Mr. Guy almost every weekend, she did not hear from him on Saturday or Sunday, which surprised her because Sunday was her birthday.
Ms. Whited testified that Mrs. Guy was scheduled to begin work at 7:00 a.m. on Monday, November 28th but never arrived. At approximately 7:15 a.m., Ms. Whited began sending her text messages, but Mrs. Guy did not respond, which Ms. Whited believed was "highly unusual." Ms. Whited continued sending text messages to Mrs. Guy, as well as Mr. Guy, and she called but did not receive a response. Ms. Whited said that it was unusual for Mrs. Guy to miss work without notice, and, concerned for Mrs. Guy's wellbeing, Ms. Whited called the police and requested a "welfare check." After some time had passed and Ms. Whited was still unable to contact either of the victims, she contacted the police again and asked what officers found during the "welfare check." Ms. Whited was told that "everything seemed to be fine, that nothing looked out of place." She asked the police to return to the victims’ home because she "knew that something was not right." She said that Mrs. Guy had plans for a retirement lunch with co-workers that day and that she would not have canceled or "just blown them off" without calling. Approximately 30 minutes later, a detective contacted Ms. Whited and asked additional questions about Mrs. Guy, but Ms. Whited was unaware of anything that occurred.
Ms. Whited said that Mrs. Guy’s employment benefits included a $500,000 life insurance policy and that Mrs. Guy had elected to split the payout of the policy evenly between her designated beneficiaries, Mr. Guy and the defendant. Ms. Whited did not know whether the defendant was aware that Mrs. Guy had designated him as a beneficiary for her life insurance policy.
Ms. Tyler testified that on the Monday after Thanksgiving, she planned to go to the victims’ house after work to check on them if she did not hear from them that day. That afternoon, Ms. Whited told her that "there’s something wrong" and that she needed to contact the detectives. Ms. Tyler met with a detective and recounted the events of the Thanksgiving weekend and told him that the defendant had been present. Ms. Tyler said that she was appointed as the executor of Mr. Guy’s estate after his death and that she became aware of large payments that had been made out of Mr. Guy’s account after his death "for utility" and "for school" at Louisiana State University ("LSU"), as well as a $10,000 payment to the apartment complex where the defendant lived.
Knox County Sheriff’s Office ("KCSO") Detective Stephen Ballard, a patrol officer at the time of the victims’ deaths, testified that he responded to the victims’ residence on Goldenview Lane for a welfare check on Mrs. Guy. He knocked on the front door and rang the doorbell, but no one responded. He walked around to the side of the house and saw a small fence surrounding the backyard with a locked gate. He saw a dog house in the backyard and "whistled" for the dog, but he did not receive a response. He returned to the front of the house and again knocked on the door and rang the doorbell to no response. The house had a "For Sale" sign in the front yard; vehicles were parked in the driveway; and the light in the foyer was on inside the residence. He estimated that he was at the residence for five to 10 minutes. KCSO Detective Jeremy McCord, the lead investigator in this case, testified that he was notified on November 28, 2016, that Mrs. Guy’s employer was concerned because she did not come to work that morning even though she had a lunch or event with co-workers planned. He learned that Mrs. Guy’s failure to show up for work or answer telephone calls was "uncharacteristic of her." He learned that Detective Ballard had conducted a welfare check earlier in the day but that the caller continued to insist that something was wrong. Detective McCord, Detective Ballard, Officer Jared Graves, and Officer Benjamin Gresham went to the Goldenview Lane residence to conduct a "welfare check."
Detective McCord testified that upon his arrival, he noticed vehicles parked in the driveway and a "For Sale" sign in the front yard. The back fence was closed; the front door was locked; and groceries were visible in the front foyer of the residence. He also noticed that despite the sale sign in the yard, there was no realtor box on the front door. Detective Ballard testified that he and other officers spoke with some of the victims’ neighbors to determine when the victims had been seen last. Detective McCord testified that because the vehicles, which he determined belonged to the victims, were in the driveway, he believed the owners of the vehicles could be inside the residence and need assistance. He and Detective Ballard climbed over the fence into the backyard, and Detective McCord saw that the back door was missing a doorknob and that "the glass was warm from … the inside of the house." He also noticed "some kind of strange odor," which he described as "chemical in nature." He described "feeling very odd" about the circumstances and noted that "[t]here was something ominous about it." He called the realtor, who told him that a lockbox should have been on the front door and suggested another avenue of entry was possible. Detective McCord observed that the front doorknob did not match the deadbolt and stated that someone appeared to have removed the doorknob and lockbox from the front door and replaced the doorknob with the doorknob from the back door. An officer located a garage door opener in one of the vehicles and opened the garage door. Detective McCord said that "[a]s soon as the garage door was opened, you could feel heat." He decided to enter the residence "to conduct a welfare check."
The officers entered through the interior garage door, which was unlocked, and Detective McCord announced the presence of law enforcement as they entered. Detective McCord said that they were "immediately being hit with odor and heat, very extreme heat." Detective Ballard also observed containers of chemicals on the floor and stated that from the time that he entered the residence, he felt "a tingling" on his forehead due to the smell of chemicals. Immediately inside the door, Detective McCord saw bottles and various other items on the floor and a purse and two wallets on a table, which further alarmed him because most people have their wallets when they leave their residence. In the kitchen, he saw a pot on the stove and noticed that the stove and oven were on. He saw what appeared to be feces on the living room floor. He noticed perishable items among the groceries on the foyer floor, and he saw a large number of long guns on the dining room table. Detective McCord stated that nothing that he was observing "ma[de] sense."
The officere moved up the staircase with Detective McCord leading, and the detective noted that the upstairs was hotter than the downstairs. He heard a dog barking and said that the dog would bark for a period, stop, and then whimper. He noticed a stain of what appeared to be blood on the wall of the stairwell. At the top of the stairs, he observed clothing, "sharp instruments," a bucket, and "reddish-brown staining on the floor, the wall. It’s going all over the place." As he looked down the hall, he "saw hands not connected to a body."
Detective McCord entered the master bedroom where he saw a roll of plastic on the bed and items scattered on the floor. As he entered the en suite bathroom, he saw an array of tools and lights on the floor, knives, and "two tubs with what appeared to be body parts liquifying." He noted that the bathroom "was hotter … than most places" in the house. At that point, he instructed the officers to exit the residence the same way in which they entered. He reiterated that his purpose during the initial entry into the house was to "make sure that people are okay if they’re inside." Once he saw the scene upstairs, he became concerned with "preserving the crime scene." He acknowledged that the officers did not fully clear the house during the initial entry, particularly the room where the dog was eventually found, explaining that "out of an abundance of caution, I made sure that we had enough personnel to safely clear that … room." Upon reentry with additional officers, he cleared the laundry room, finding only the dog.
At some point, Detective McCord returned to the kitchen, looked in the stockpot that was on the stove, and discovered a severed head. The Regional Forensic Center personnel removed the body parts from the scene, and the liquids in which the bodies were found were placed in a container by the Environmental Protection Agency for storing biochemical components.
Officers with the KCSO forensic services unit processed the crime scene at the Goldenview Lane residence. Officers collected three gasoline cans from the garage that were each filled with approximately 15 gallons of a liquid believed to be gasoline. Officers also located a small piece of paper towel with reddish brown staining and what appeared to be a bloody shoe print in the garage. Entering the residence through the garage and into the kitchen, officers observed two wallets, a set of keys, vise grips, a hammer, a magazine, a purse, and money on a table. One of the wallets contained the driver’s license of Mrs. Guy, and the other wallet contained the driver’s license of Mr. Guy. A bleach spray bottle, a bag of trash, towels, rolls of trash bags, three containers of bleach, a bottle of muriatic acid, an unopened container of baking soda, and a lighter were on the kitchen floor. A red cellular telephone, a pair of blue disposable gloves, and an empty prescription bottle for "Joel M. Guy" were on the kitchen counter. A doorknob and a realtor’s lockbox were in fluid in the kitchen sink. The stove was on, and a large stockpot with a lid was on the stovetop.
Guns and boxes of ammunition, a part of a doorknob, and a screwdriver were in the dining room. Forensic Officer Sandi Campbell testified that it was "very, very warm" inside the house and that the downstairs thermostat located in the foyer by the front door was set to 90 degrees. Groceries were on the floor of the foyer; the perishable items, including bacon, sausage, lunch meat, and ice cream were no longer cold; and the ice cream was "completely melted." Officer Campbell observed reddish-brown staining, which appeared to be blood, down the side of the wall leading up the staircase, on a child safety gate, on the banister, and on the wall at the top of the stairs. Clothing that "had been cut," two black Nike tennis shoes with staining, and a "cast iron" iron were in a pile on top of the stairs. An empty bottle of crystal drain opener that said, "Lye 100 percent," sever- al empty six-pound, eight-ounce containers of "Number 2 Sewer Line cleaner," a stainless steel kitchen knife, and scissors were also at the top of the stairs.
Officer Campbell heard a loud noise from the master bedroom and found a heater turned on its highest setting and blowing in the room. A large amount of items were piled on the bedroom floor, including two black trash bags, an empty package of Clorox gloves, a Walmart bag containing gray workout pants, a gray long-sleeve T-shirt, and two pairs of gray socks, "a 3M dust mask," an unopened gallon container of Liquid Fire "drain line opener," Flexon hose packaging, an HDX extension cord, Sharpie markers, safety goggles, "a Defiant heavy-duty timer," a shower head, vise grips, a piece of plastic packaging, three unopened bottles of food-grade hydrogen peroxide, two glass dropper bottles, a large roll of clear plastic that appeared to have been cut, a mountable heater, "a Bayco work light," a glass blender pitcher and "Breville blender base," stuffed animal toys, a hammer, a flashlight, light bulbs, an empty sprayer bottle, and two Post-It notes with handwriting.
While heading into the en suite bathroom, Officer Campbell saw plastic sheeting on the floor that appeared to match the roll of plastic sheeting found in the bedroom and "two large Rubbermaid-type tubs." Both tubs contained body parts in liquid and "were kind of bulging on the sides." The showerhead had been removed inside the bathroom, and "a garden hose-type thing" had been attached in its place. "Dishwashing gloves" were on the bathroom counter, and a kitchen knife was in the sink. Officer Campbell found another heater inside the bathroom that was not on at that time, but she noted that the master bedroom area of the house was the warmest part of the house and that the upstairs was warmer than the downstairs. The upstairs thermostat was set to 95 degrees.
In the second bedroom, which Ms. Tyler had identified as the bedroom where the defendant had been staying, Officer Campbell found reddish-brown staining on the floor, a suitcase, "tops to blue Rubbermaid containers that were similar, if not the same ones" as found in the en suite bathroom, textbooks, four prescription bottles, some of which "are for Joel M. Guy and one of them is for Lisa Guy," a box of Hornady Critical Defense Buckshot 12-gauge, 80-pellet ammunition, an open box of "medical-type" gloves, an unopened package of Clorox brand gloves, a container of food-grade hydrogen peroxide with reddish-brown staining, a backpack, reddish-brown staining on the bed, a laptop computer, a towel with staining, a Walmart bag containing "a Bayco work light," an opened container of food-grade hydrogen peroxide, and a single blue glove. Inside the suitcase, she found a Post-It note that had the handwritten address for "Dan Boudreaux’s Ace Hardware" in Napoleon, Louisiana, and stated "Rooto 6.5 pound sewer line cleaner—$19.99." Also among the contents of the suitcase, she found gray Banana Republic underwear and a knife sheath "stamped with USMC."
In a third room that was located across the hall from the second bedroom and was being used for storage, Officer Campbell found reddish-brown staining on the door frame and "a Miracle Blade III knife." A towel and a pile of clothes that included two pair of gray Banana Republic underwear and a white T-shirt were on the floor of the upstairs hall bathroom. Several items were on top of the vanity, including a set of keys to a Kia car, a Samsung Galaxy S5 cellular telephone, a 16-ounce bottle of hydrogen peroxide, multiple blue disposable gloves, Charmin wet wipes, multiple pieces of medical tape, zinc ointment, a sock, cash and coins, first aid tape, a "knife marked USMC and six spacers," a receipt from the Walmart on Parkside Drive indicating a purchase at 3:35 p.m. on November 26, two 16-ounce bottles and one 32-ounce bottle of "91 percent Isopropyl alcohol, triple antibiotic ointment," Dermoplast pain relieving antibacterial spray, and a large amount of reddish-brown staining.
In the laundry room, Officer Campbell found a gray fleece blanket, a brown fleece blanket, two white wash cloths, one sock, and two pairs of gray Banana Republic underwear that were similar to those found in the hall bathroom. In the exercise room at the end of the hall, she saw "a pile of clothes with staining and a couple of knives," including a Victorinox kitchen knife and a stainless steel kitchen knife. Some of the clothing had been cut. She noted a large amount of reddish-brown staining inside the room, and she found a white hand towel with staining and "a set of what appeared to be male human hands that were severed from any other part."
Retired KCSO Officer Thomas Finch, an expert in fingerprint examination, identified six prints from the scene as belonging to the defendant, including prints found on a package of Clorox gloves, a package of Charmin wipes, "a tape package," a box of gloves from the dresser in the upstairs guest bedroom, and a palm print from the upstairs hall bathroom.
KCSO Officer Rachel Smith testified that on November 30, 2016, she photographed and inventoried evidence at the forensic laboratory. Inside the purse collected from the eat-in-kitchen table, she found a grocery list and a receipt from the Walmart on Parkside Drive from November 26, 2016, at 12:18 p.m. At the laboratory, she photographed and opened the maroon backpack collected from the upstairs guest bedroom where the defendant stayed. Inside the backpack, she found a calculator, an instruction manual for a residential gas water heater that had been printed on November 23, 2016, at 4:12 p.m., a black notebook, a book from a Co-Op book store in Baton Rouge, an umbrella, a computer mouse, and several books inscribed with the name "Joel Guy" on the inside covers. The black notebook contained a syllabus for a Fall 2016 class, pages of math problems, and handwritten notes, the legible portions of which said the following (bullet points, underlying, strikethroughs, and other markings in original):
• Get killing knives - quiet - multiple
• Get carving knives to make small pieces
• Get sledgehammer - crush bones
• Bring blender and food grinder - grind meat
• get bleach - denature proteins
• get plastic bin for denaturation process
• does not matter where they’re killed - just get rid of bloody spots to prevent evidence of time of death (not the mattress or couches)
• get rid of bodies inside house - their and my DNA already there
• flush chunks down toilet (not garbage disposal)
• get plastic sheeting for disposal process
• - will be seen buying bullets; just use computer room gun → check to make sure there are bullets (last resort)
• He’s not alive to claim her half of the insurance money → all mine ($500,000)
• flood the house.
• turn heater up as high as it goes → speeds decomposition. • bleach reacts with luminol just like blood → douse area with bleach
• big sprayer
• lye
• trash compactor?
Body gives time of death → alibi
• Don’t have to get rid of body if there is no forensic evidence on the body.
• HIS FINGERPRINTS AND DNA
• Minimize things I touch throughout visit.
• Wear gloves and socks to prevent fingerprints and footprints
• Drop something down the garbage disposal to break it → get him on the ground fixing it → kill him with the knife
• Clean up mess from him before she gets home
• Kill her with knife. Leave alive. Take dog with you
• Place her in shower. Turn on hot water and point at her to get rid of forensics. Remove her clothes and take them with me for disposal
• Place him in plastic bin and use it to get him into the upstairs bathroom.
• Cut off his arm and plant his flesh under her fingernails. Place her hand with his DNA so that his DNA is not washed away by shower.
• Use sodium hydroxide to destroy his soft tissue and soften bones for transport. Baste once every hour to accelerate.
• Flush sodium hydroxide down the toilet.
• Wash out bin with handheld shower-head and then direct handheld into toilet to flush everything out of the pipes and into the public waterway.
• Douse killing room(s) (Kitchen?) with bleach.
• Place hair curler with flammable paper and flammable containers of gasoline in four locations: his killing room, her killing room, his bathroom, her bathroom.
• Wipe down areas near killing rooms and bathrooms.
• turn heaters up to 90 [degrees] to melt fingerprints and dry everything.
• Set her phone to send me a text message late Sunday to prove that I was in BR and she was alive
• Leave through front door and wipe down door knobs.
• Timer for flammables set for Friday at 10 am → so they can’t report it.
Another page of the notebook had the following handwritten
Ultraviolet light shows fingerprints
Check mail before leaving.
679 S.W.3d 650.bmp
Another page of the notebook had handwritten notes with the heading "Destruction of Bodies" and listed the percentage of fat, protein, water, and "other compounds" in the human body. The last page of handwritten notes listed the victims’ assets as follows:
Her assets
Her life insurance - $500,000 (possibly more with double indemnity)
With him missing/dead, I get the whole thing
All her other assets are joint Go to him if missing. Unknown if he is dead.
His assets (includes all joint property if missing. When he gets all joint property, also gets joint debt)
Knoxville house - homeowner’s insurance possibly, but probably worthless after fire - owe $100,000
Surgoinsville House - appraised at $400,- 000 + (worthless with Renee on property)
679 S.W.3d 651.bmp
His 401K - $80,000 (possibly left after taxes)
He could possibly have savings and/or investment accounts
Officer Sandlin said that much of the evidence recovered from the victims’ residence corresponded to the notes in the black notebook. On December 1, 2016, Officer Sandlin searched Mrs. Guy’s red Kia Sportage, finding two bags and receipts from Petsmart on Parkside Drive from November 26, 2016, at 11:23 and 11:26 a.m.
Special Agent Kim Lowe of the Tennessee Bureau of Investigation ("TBI"), an expert in serology and DNA analysis, determined that the scissors recovered from the top of the stairs had the blood of Mr. Guy and the defendant on the blade and the blood of Mrs. Guy on the handle. A knife recovered from the top of the stairs had Mr. Guy’s blood on the blade and Mrs. Guy’s blood on the handle. Pieces of medical tape and several gloves collected from the upstairs hall bathroom had the defendant’s blood and DNA. Two gloves collected from the upstairs hall bathroom had Mrs. Guy’s blood and at least one of the gloves also had the defendant’s DNA. The DNA of both Mr. Guy and the defendant were on the fingernail clippings from Mr. Guy’s right hand. The defendant’s blood was also found by the child safety gate at the top of the stairs, on a knife collected from the primary bedroom, and on at least one other knife. A knife collected from the bathroom off of the master bedroom had the blood of the defendant and Mr. Guy. The blood on the wall of the exercise room belonged to Mr. Guy. The black notebook collected from the backpack contained the defendant’s DNA.
KCSO Officer Edward Wassman, a digital forensic examiner, testified that he responded to the scene to collect a laptop, a Microsoft Surface Pro, that was found in an upstairs bedroom and an attached external hard drive. He said that the laptop was "in the middle of the bed," was unlocked, and was running "a Samsung application." When he "hovered the mouse over that application," the laptop displayed a Gmail address connected to the application. The laptop was also "running Bit Locker," which he described as "a Microsoft security tool that keeps anyone that doesn’t know a password to the Bit Locker inscription from looking at the hard drive." When he began the data extraction, the computer restarted and required a password or facial recognition to access the hard drive. Because the laptop was "bit-locked," he was unable to view the data on the hard drive. Officer Wassman collected a Dell Inspiron desktop computer from the downstairs of the victims’ residence and was able to perform a data extraction on the computer. He discovered that on November 26, 2016, at 12:15 p.m., "seven USB devices were connected at the same time to this computer, which seemed to be a significant event." He found a Google search for "sodium percarbonate" on November 27, 2016, at 8:05 a.m. and a deposit transfer confirmation, a deposit transfer validation, an account summary, and a services log-in for a Capital One 360 bank account on November 27th at 10:49 a.m.
Officer Wassman performed a data extraction on two Samsung Galaxy cellular telephones. On the first one, enclosed in a pink case, he found text exchanges between the owner of the device and "Joel Michael." The last use of that device was on November 25, 2016, at 5:12 p.m. On the second cellular telephone, enclosed in a black case, he discovered a message from U.S. Bank on November 27, 2016, at 9:38 a.m., alerting that "Your card, 5773, was charged $1,025 at Bursar Operations." Another message from U.S. Bank two minutes later read, "Your card, 5773, was charged $2,051.03 at Bursar Operations." A third message from U.S. Bank at 9:41 a.m. that day read, "Your card, 5773, was charged $1,589.78 at Bursar Operations." Upon further investigation, Officer Wassman determined that "Bursar Operations" was associated with LSU. The State also offered an account statement from Mrs. Guy’s Suntrust Bank account via affidavit, which statement showed a check card purchase at "Submeter One, LLC" in Louisiana for $3,090 on November 28, 2016.
Detective McCord testified that he learned from Ms. Tyler that the defendant had stayed at the victims’ house for Thanksgiving. A Walmart receipt was located in the upstairs hall bathroom showing purchases made on November 26th at 3:35 p.m. of items recovered from inside the residence. Detective McCord obtained the Walmart security camera footage from the times marked on the Walmart receipt in an attempt to determine who made the purchase. The description that Ms. Tyler gave of the defendant’s vehicle matched the vehicle seen on the Walmart video being driven by the person who made the purchases, later identified as the defendant. In the video, the defendant, who had what appeared to be bandages covering injuries on his right and left hands, was seen purchasing items from the first-aid section that were consistent with the items found in the upstairs hall bathroom. Officers recovered a Walmart receipt from Mrs. Guy’s purse dated November 26th at 12:18 p.m., listing items purchased that were consistent with the groceries in the foyer. Detective McCord obtained video footage from Walmart of Mrs. Guy’s purchasing the groceries, and in the video, Mrs. Guy appeared to be wearing the clothing that was piled at the top of the stairs and carrying the purse and wallet that were found on the table in the eat-in-kitchen.
Detective McCord obtained an arrest warrant for the defendant and issued a "be-on-the-look-out" notice detailing descriptions of the defendant and his vehicle. Vigilant Solutions, a license plate recognition software, tracked the defendant’s vehicle driving through Mississippi, capturing images of the vehicle on November 28th at 12:31 a.m. CST in Meridian, Mississippi; November 28th at 1:05 a.m. CST in Heidelberg, Mississippi; November 29th at 7:08 a.m. CST in Meridian, Mississippi; and November 29th at 7:37 a.m. CST on Interstate 59 near Pachuta, Mississippi. Detective McCord said that on November 29th, he was contacted by Academy Sports in response to "an attempted firearms purchase" at their store by the defendant. Detective McCord stated that he believed he received the alert shortly after the defendant attempted the purchase.
Lieutenant Scott Henning, a supervisor in the homicide division of the East Baton Rouge Parish Sheriff's Office, testified that he assisted in arresting the defendant on November 29, 2016. After the defendant was transported to the police office, a crime scene technician photographed him in Lieutenant Henning’s presence. Lieutenant Henning noticed bruising and an abrasion or "burn-type injury" on the defendant’s upper right arm, scratches on the back of his right elbow, scratches and bruising on his upper legs, bruising and "red marks" to his back, injuries to his right and left thumbs, a "slice" to the inside of his left thumb and on his right hand, and scratches to both hands, a wrist, and both palms.
Lieutenant Henning had the defendant’s vehicle impounded and obtained a search warrant before processing it for evidence. In the floorboard of the passenger’s seat, he found Ziploc bags containing "various loose pills, medication." In the trunk, he found a large red gasoline can, a meat grinder, a kitchen appliance, a large metal bowl, and "a mixer-type thing." A second gasoline can was found under the floor of the trunk with the spare tire. Also in the car, he found a McDonald’s receipt from Trenton, Georgia, a receipt from a Knoxville Walmart dated November 24, 2016, and a "Capital One Bank ATM receipt" from a location in Baton Rouge dated November 29, 2016, at 11:48 a.m.
Federal Bureau of Investigation ("FBI") Agent Gerry Coleman, assigned to the New Orleans Violent Crimes Task Force, testified that he assisted the KCSO in their investigation of the defendant. On December 1, 2016, he went to an Ace Hardware store in Napoleonville, Louisiana, approximately 25 to 35 miles outside of Baton Rouge, and obtained video surveillance footage from November 7, 2016. The video showed a man in a white T-shirt and gray shorts purchasing "a jug of something."
Retired FBI Special Agent Robert King testified that in November 2016, he worked in the violent crimes unit of the New Orleans/Baton Rouge office and assisted in arresting the defendant on November 29, 2016. He obtained security camera footage from a Lowe’s in Gonzales, Louisiana, showing the defendant’s making two purchases on November 11th. Special Agent King obtained security camera footage from a Home Depot in Baton Rouge and two receipts for transactions made on November 18th, one for the purchase of a 1.5-gallon sprayer and a 32-ounce bottle and the other for two 12-inch brown cords and two "digital HDT[s]." Special Agent King also obtained video footage of the defendant at an Academy Sports store on November 18th, 19th, and 29th. On November 18th, the defendant looked at firearms, ammunition, and electronics. According to the receipt, the defendant purchased "united cutlery USMC." On November 19th, the defendant returned to the store with a bag, walked down the same aisle and section where he had been on the previous day, picked up a different item, and made an exchange or return of "some type of knife or blade." Finally, Special Agent King obtained video footage from a Walmart in Baton Rouge that showed the defendant purchasing two blue tote containers on November 21st.
Michael McCrackin testified that he lived in Baton Rouge from 2006 through 2015, had known the defendant from high school and college, and was a roommate with him for a period of time. The defendant attended his first semester of college at George Washington University before attending LSU beginning in 2007. Mr. McCrackin said that on December 10, 2016, he received a telephone call from the defendant, who was in the Baton Rouge jail. A portion of the call was played to the jury during which the defendant told Mr. McCrackin that he believed that "we genuinely had a very, very realistic chance of being happy if I got around to doing that" and that "I pretty much f***ed everything up." The defendant stated, "Tell me I’m a f***ing idiot, tell me why did I do this." During another portion of the call, the defendant told Mr. McCrackin that his rent for his apartment was pre-paid "through August." When Mr. McCrackin asked how the defendant managed to pay the rent, the defendant replied that one of the last things that his mother did was to pay the rent.
During cross-examination, Mr. McCrackin said that he first met the defendant when they attended boarding school together at the Louisiana School for Math, Science, and the Arts. He and the defendant were roommates at the boarding school, and after the defendant enrolled at LSU, they became roommates again. He estimated that he and the defendant lived together for approximately five years of their 10-year friendship and that he considered the defendant his best friend during that time. Mr. McCrackin said that he never met the defendant’s father and met the defendant’s mother only once despite their living only an hour away in Luling, Louisiana. He did not know that the defendant had sisters and was not aware of the defendant’s receiving communication from any family members other than telephone calls from his mother. The defendant was socially awkward, and after high school, he became increasingly withdrawn and would stay in his room up to days at a time. The defendant had friends in high school and early in college but had no friends by the time that Mr. McCrackin left Baton Rouge in 2015. Mr. McCrackin said that the defendant would regularly go to his parents’ house for Thanksgiving and some Christmases. He knew that the defendant was traveling to Knoxville for Thanksgiving in 2016.
During redirect examination, Mr. McCrackin testified that he was surprised that the defendant had never told him that he had sisters. He said that he knew that the defendant’s mother supported him financially and that he never knew the defendant to have a job other than an internship through "a summer research program." He believed the defendant’s isolation to be of his own choosing.
Doctor Amy Hawes, a deputy state medical examiner, testified as an expert in forensic pathology. She said that recovering the victims’ remains from the scene "was a very complex process" and that ultimately, the victims’ remains were transported to the forensic center where she performed the autopsies. She determined that Mr. Guy had been dismembered in that his arms had been removed at the shoulders, his legs had been removed at the hips, and his head was "completely skeletonized." She found a defect of the bone of his forehead but could not determine what caused it due to the poor condition of the bone in that area. Other than the skin "from his lower neck down to around his buttocks," Mr. Guy’s skin was dissolved by chemicals. Doctor Hawes said that because so much of Mr. Guy’s tissue and some of the bone had begun to dissolve, she could not determine the exact number of wounds sustained, but she was able to identify 34 sharp-force injuries to Mr. Guy’s back consisting of "either stabs or cuts," varying in length from one to seven inches and up to six inches deep. Mr. Guy also had five stab wounds on the left side of his abdomen. He sustained injuries to his liver, lungs, kidneys, and ribs. Doctor Hawes also found small abrasions and linear incised wounds on Mr. Guy’s severed hands. She said these wounds were "classic defensive injuries" and were "consistent with someone putting their hands at either a defensive motion or potentially grabbing a sharp-edged weapon as a way to defend themselves." She determined Mr. Guy’s cause of death to be multiple sharp-force injuries.
Doctor Hawes determined that Mrs. Guy was also dismembered in that her head was completely severed from her body, her arms were dismembered at the shoulders, and her legs were dismembered at the knees. The skin on Mrs. Guy’s back was "relatively well preserved" compared to her front, "where there was almost no skin left." Doctor Hawes said that Mrs. Guy’s head was found in a large pot of liquid in the kitchen and that the liquid in the pot had a "slightly different character" than the liquid in the plastic tubs, noting that the liquid in the pot did not have a strong chemical odor. Mrs. Guy’s scalp and hair were still intact. Doctor Hawes determined that Mrs. Guy sustained at least 25 sharp-force injuries to her back that were approximately six to seven inches deep and five "relatively superficial" stab wounds on her buttocks. Mrs. Guy sustained injuries to her heart, aorta, lungs, left kidney, liver, "third thoracic vertebrae," ribs, and right shoulder blade. Doctor Hawes determined Mrs. Guy’s cause of death to be multiple sharp-force injuries.
Doctor Hawes testified that among the chemicals found inside the victims’ residence was muriatic acid, a strong type of hydrochloric acid that could dissolve or "sluff" the skin, and "a very strong concentration of sodium hydroxide" that could cause burns to the skin. She noted that a warning on a bottle of food-grade hydrogen peroxide said that it could be "mildly corrosive" upon skin contact. Although she could not determine whether any of the knives found at the scene caused the specific injuries to the victims, she said that the knives were capable of inflicting the sharp-force injuries and could have been used to dismember the victims.
Doctor Murray Marks, an expert in forensic anthropology, examined the victims’ remains for "skeletal trauma" after the autopsies at the request of Doctor Hawes. He testified that Mr. Guy was identified by finger-prints and that Mrs. Guy was identified by "an orthopedic appliance." He determined that Mr. Guy had some skeletal trauma that was perimortem, "occurr[ing] around the time of death," and some that occurred postmortem. The perimortem trauma was primarily to the ribs with six right ribs and six left ribs having at least 16 cut marks or slices. Those marks ranged from "kind of a grazing line to a somewhat deep incision to a complete severing" and were inflicted primarily from the back. Mr. Guy also had perimortem trauma to the right scapula or shoulder blade caused by a "more blunt" object. The postmortem trauma included dismemberment of his arms from the torso at the joints, the hands from the forearms at the wrist joints, the legs from the torso at the hip joints, and the right foot from the ankle joint. He found "the broken-off tip of a non-sharp metal object" embedded in Mr. Guy’s musculature, which he said indicated that more than one weapon was used to cause Mr. Guy’s injuries. He found no evidence of sharp-force or blunt-force trauma to Mr. Guy’s skull but noted that from the middle part of the forehead down to the left part of the upper jaw was missing due to damage from the chemical exposure. Doctor Marks said that all of Mr. Guy’s sharp-force injuries and dismemberment could have been inflicted with a knife.
Doctor Marks testified that Mrs. Guy suffered sharp-force injuries to 21 ribs, nine on the left side and 12 on the right side, and skeletal trauma to her scapula, "both left and right humerus," and "the radius and ulna of the lower arms." The injuries to her ribs ranged "from very fine incised lines to chips and wedges and complete … perforation." Her right scapula had nine wounds that were associated with dismemberment at the joint. He did not find any cut marks on Mrs. Guy’s tibia and fibula due to the damage from chemical exposure. He said that Mrs. Guy’s head was removed "between the second and third cervical vertebra," that her arms were removed at the shoulders, and that her right hand was removed at her wrist. The blood vessels between the first and second cervical vertebra were broken from blunt-force trauma in the area. The first cervical vertebra was also "chipped or damaged" due to "forceful movement back and forth of the vertebral column against the skull," which Doctor Marks speculated was caused during the dismemberment of the head. The second cervical vertebra showed evidence of "sharp-force trauma or slicing." He concluded that Mrs. Guy’s injuries, including the dismemberment, could have been inflicted with a knife.
The State rested. After a Momon colloquy, the defendant elected not to testify. The parties stipulated that the defendant had no prior criminal record before this case. The defendant did not present any additional proof.
On this evidence, the jury convicted the defendant as charged, and the trial court imposed life sentences for the first degree murder convictions by operation of law and merged the appropriate convictions, resulting in two first degree murder convictions. After a sentencing hearing, the trial court imposed a sentence of two years’ incarceration for each of the abuse of a corpse convictions and aligned all sentences consecutively for a total effective sentence of two life sentences plus four years.
After a timely but unsuccessful motion for new trial, the defendant filed a timely notice of appeal. In this appeal, the defendant argues that the trial court erred by denying his motions to suppress certain evidence, by admitting evidence of the victims’ intent to end his financial support, and by denying his motion to dismiss the abuse of a corpse charges; that the evidence was insufficient to support his convictions for abuse of a corpse; and that the cumulative effect of the trial errors mandates a new trial.
I. Suppression
Prior to trial, the defendant moved to suppress much of the evidence seized in this case. As is relevant to this appeal, the defendant asked the trial court to suppress the evidence seized from the victims’ Goldenview Lane residence, the evidence gleaned from the search of the defendant’s backpack seized from the residence, surveillance videos obtained "as fruit of the unlawful search" of the defendant’s Louisiana residence, and the evidence obtained during the execution of the search warrant for the defendant’s vehicle. The defendant challenged the constitutionality of the police officers’ initial and subsequent entries into the Goldenview Lane residence and argued that the officers’ seizure of the backpack from a bedroom and a Walmart receipt from a bathroom were not justified by the plain view doctrine, that the subsequent warrantless search of the backpack was unconstitutional, that the affidavits supporting the search warrant for the defendant’s apartment and car failed to establish probable cause, and that any evidence obtained as a result of the executions of the search warrants constituted fruit of the poisonous tree, requiring suppression. The State filed responses, asserting that the defendant lacked standing to challenge the officers’ entries into the Goldenview Lane residence, the seizure of the evidence from the residence, and the search of the backpack. The State also maintained that the affidavits supporting the search warrants for the defendant’s apartment and car established probable cause.
At the December 2018 suppression hearing, the defendant testified that he grew up in Luling, Louisiana, where he lived with the victims until he entered a residential boarding school in high school. While in high school, the defendant returned to the victims’ Louisiana home in the summer. After graduating high school in 2006, the defendant enrolled in George Washington University in Washington, D.C. and transferred to LSU after a single semester. The victims moved to Greeneville, South Carolina, in 2006 and to Knoxville in 2007. The defendant stated that Mrs. Guy gave him a key to the Goldenview Lane residence in 2007 and that he purchased a garage door opener for the house, which Mr. Guy programmed.
The defendant testified that he visited the victims’ Knoxville residence "[a] few times a year," including for "Thanksgiving" and "a smattering of other holidays, like my birthday, my mother’s birthday, Mother’s Day, that sort of thing." During those visits, the defendant slept in "my bedroom," a room that contained some of his belongings, including books, clothing, a couple of figurines, and one or two pieces of furniture from the house in Luling. He stated that the victims did not place any restrictions on where he could go in the house and that he believed that he could go in any room in the house that he wished. He maintained that he believed that he had an expectation of privacy in the house.
The defendant testified that, prior to Thanksgiving 2016, he had last visited the victims’ residence in March. When he visited at Thanksgiving, he brought his dog with him. He also brought his laptop, his suitcase, and his backpack. He identified a photograph of the backpack, which was on the floor and next to the bed in the bedroom where he was staying. He also identified a photograph of the contents of the backpack, including his books and his notebook. He said that his half-sister came to the residence for Thanksgiving dinner but did not spend the night. On the day after Thanksgiving, the defendant helped Mr. Guy move a boat from the Knoxville residence to a house that the victims had purchased in Surgoinsville. After the boat was moved out of the garage, the defendant parked his car inside the garage at the Knoxville residence.
The defendant said that he left the house on the Sunday after Thanksgiving to return to Baton Rouge, explaining that he "had some rather severe cuts on my hands" and "was worried about losing my left thumb and so I needed medical treatment, or so I thought." He claimed that he chose to travel all the way back to Baton Rouge because he did not have health insurance and was dependent on the LSU student health center for his medical care. He left the majority of his belongings at the victims’ house, including his laptop, suitcase, and backpack. He arrived in Baton Rouge early on Monday morning, obtained medical treatment for his hands, went to Walmart and Albertsons to purchase medication, and then returned to Knoxville. When he arrived at the victims’ residence, he saw yellow crime scene tape in the yard and a police vehicle parked in the driveway, and he noticed that the victims’ vehicles were no longer in the driveway. He immediately turned around and returned to Baton Rouge. The defendant testified that he lived in a gated apartment complex in Baton Rouge and that he generally parked in a specific parking spot next to his building. On the Tuesday after Thanksgiving, he left his apartment to check his mail and was arrested on the sidewalk just in front of his car.
During cross-examination, the defendant agreed that he was a Louisiana resident and had lived in Louisiana for most of his life, having attended high school’, college, and graduate school in Louisiana. He stated that in November 2016, he was 28 years old and unemployed. He described himself as "a nonmatriculating graduate student" at the time of the offenses and explained, "That means that I wasn’t actually involved in a degree program, that I was taking graduate-level courses." He said that he moved into his Baton Rouge apartment in 2007 and had lived there continuously since that time. He agreed that he renewed his lease in August 2016 and that on November 23, 2016, he paid just over $9,000 in advance on his monthly rent of $910. He agreed that he did not have an ownership interest in the Goldenview Lane residence, but when asked whether he lived there, he replied, "Debatable. I considered it my home." He conceded that he "spent the majority of the year in the Baton Rouge apartment" and that the last time he had spent every night in the victims’ home was "[p]robably 2004." The defendant acknowledged that the victims were in the process of selling the Goldenview Lane residence at the time of the offenses and that they were also in the process of packing and moving their possessions into the Surgoinsville residence. The defendant identified a number of items inside a bedroom in the Goldenview Lane residence as belonging to him and identified other items as belonging to the victims. He agreed that his handwriting was in the notebook that was found in his backpack.
The defendant testified that he sustained several incised, or cutting, wounds to his hands that were serious enough to require medical attention but insisted that he drove more than nine hours to seek medical assistance because "[s]tudents receive free health care from LSU." The parties stipulated "that those injures occurred during the course of an altercation with his parents." The defendant agreed that his mother paid all of his living expenses, including any expenses related to his medical care and treatment. He also admitted that he made the $9,200 payment on his rent while he was at the Goldenview Lane residence for the Thanksgiving holiday. Nevertheless, he maintained that he felt it necessary to drive from Knoxville to Baton Rouge because he could not otherwise afford medical treatment for the injuries to his hands. He admitted that he took his dog with him when he left the residence to go to Baton Rouge for medical treatment. He conceded that when he returned to Knoxville and saw the police presence at the victims’ residence, he did not stop and make any inquiry about what might have happened at the residence and did not, at any point, assert a privacy interest in the residence or its contents. He said that he did not call either of his half-sisters because he did not know their telephone numbers.
Detective Jeremy McCord was called as a witness by the defense and testified that during the search of the Goldenview Lane residence, officers found a Walmart receipt dated November 26, 2016, inside a Walmart bag in "the upstairs bathroom." Detective McCord went to the Walmart location identified on the receipt and obtained surveillance video from November 26th. The video depicted the defendant driving his vehicle to the store and purchasing the items listed on the receipt, including two kinds of peroxide, isopropyl alcohol, baci- tracin, and Dermoplast. By entering the license plate number of the vehicle that the defendant was seen driving on the video into a license plate recognition database, Detective McCord traced the vehicle on its route to Baton Rouge on Sunday and back to Knoxville on Monday.
Detective McCord testified that when he initially arrived at the Goldenview Lane residence, he "was operating off of’ information from the victims’ daughter, Michelle Dennison Tyler, that she had had no communication with either of the victims since seeing them on Thanksgiving. Based on this information, officers conducted a "welfare check" at the residence. He acknowledged that he learned later that a neighbor told Detective Ballard that he had seen Mr. Guy on the Friday after Thanksgiving.
Detective McCord testified that officers with the East Baton Rouge Parish Sheriff's Office executed a search warrant on the defendant’s Baton Rouge apartment and that receipts from Academy Sports, Home Depot, Lowe’s, and Ace Hardware were found during that search. Detective McCord and local officers collected surveillance video from the stores identified in the receipts. The videos showed the defendant purchasing items found in both his apartment and the Goldenview Lane residence. Detective McCord noted that "[w]e would have ended up at most of the stores anyway, if not all of them" even without the receipts "based off of Knoxville." He said that suggesting that the "immediate impetus" for collecting the surveillance videos was the receipts seized from the apartment was "kind of painting a narrow picture" and ignoring the impact of evidence collected in Knoxville. He said that he would have obtained surveillance video from the stores even without the receipts seized from the apartment and that, at most, "what Baton Rouge provided us was that specific time frame. Instead of going back 30, 45 days" before the offense, he could narrow it down to a single day. Detective McCord testified specifically that officers would have responded to Academy Sports even without a receipt indicating that the defendant had been there because officers learned from the Bureau of Alcohol, Tobacco, and Firearms that the defendant had attempted to purchase a firearm at the store. He stated that a note regarding the Ace Hardware store was found in the Goldenview Lane residence and that officers could have used the UPC product codes on the items in the residence to determine where the items were purchased.
During cross-examination by the State, Detective McCord testified that he initially went to the victims’ residence on Goldenview Lane on Monday, November 28, 2016, to conduct a welfare check. He explained that at approximately 9:42 a.m., Mrs. Guy’s employer called 911 and reported that Mrs. Guy had not shown up for work and had not called to say she would be absent, which was out of character for her. Officers went to the residence, but when no one came to the door, they left. Sometime "within the next three hours," the records division received a call in an attempt to report Mrs. Guy missing. He recalled that the caller reported that Mrs. Guy failed to attend a pre-scheduled "get-together" and that her failure to attend was "very alarming" to the complainant. Detective McCord decided to go to the residence with other officers because the behavior and circumstances seemed "odd" to him.
Upon arriving at the residence, Detective McCord observed a "For Sale" sign out in front of the residence but did not see a lockbox from the realtor on the doorknob of the front door even though he was aware that lockboxes from the realtor are typically placed on the front door whenever a house is for sale. He noticed "some discoloration differences between the doorknob and the deadbolt." He looked through the transom window on the front door and saw "groceries laying right there at the threshold of the door." A photograph of the foyer showed cases of beer and Walmart bags containing groceries sitting on the floor by the front door.
Based on these observations and the earlier calls, Detective McCord walked to the back of the house and discovered that the doorknob to the back door was missing. He touched the back door, which was "extremely hot." He placed his nose to the hole where the doorknob would have been and smelled "a weird smell, a chemical, cooking." He added, "I’ve smelled plenty of bodies that are in various forms of decomposition. It’s just like a really odd chemical smell in the air that happens when your body starts … when there starts being issues there. And, again, extreme heat." Alarmed, Detective McCord, "suspected there could be something going on." He called and spoke to the realtor, who confirmed that the residence belonged to the victims and identified the make and model of each of their vehicles. Both vehicles were parked in the driveway and were unlocked. The realtor suggested using the garage door opener to open the attached garage and enter the house. Detective McCord found the garage door opener in one of the unlocked vehicles and used it to open the garage door. As soon as the garage door opened, Detective McCord felt "extreme heat [and] a smell that is never going to leave me." At that point, the officers knocked on the door from the garage into the house, identified themselves as KCSO officers, and shouted that they were "there to check on them, make sure they’re okay." The officers then entered and proceeded "to clear the residence" and to attempt to determine whether someone inside the residence required aid.
On an entry table, Detective McCord observed the victims’ wallets containing their identifications, the keys to the vehicles in the driveway, cash, and Mrs. Guy’s purse. He also saw grocery bags, containing "perishable goods, chicken, bacon, some ice cream. Things normally people would immediately put up when they get home." Detective McCord found the presence of the groceries "alarming." He noted scratches on the interior portion of the doorknob on the front door and stated that it appeared as if "recent work" had been performed on the doorknob. Further inside the residence, Detective McCord saw chemicals, bleach, a bleach sprayer, a tarp, and towels on the floor. The kitchen sink was filled with water and "fizzles and the bubbles." The realtor box that should have been on the front door was in the sink, "fizzing and bubbling." A large pot was boiling on the stove, and the officers could feel the heat from it. Detective McCord stated that the officers initially did not look inside the pot because they were searching for people inside the home. When officers later looked inside the pot, they found Mrs. Guy’s decapitated head. The thermostat inside the home was set to 93 degrees, but the ambient temperature exceeded this.
After clearing the first floor, officers proceeded up the stairs, where Detective McCord observed "the most horrific thing I’ve ever experienced as a police officer." Blood was on the wall and the floor. Female clothing in a large pool of blood, two large containers of sewer line cleaner, and a pair of scissors were on the floor at the top of the stairs. The clothing appeared to have been cut. At the end of the upstairs hallway, Detective McCord saw two severed hands. Inside the largest bedroom, he saw bags, "tarp-like, material," food-grade hydrogen peroxide, Liquid Fire, "working lights," and tools on the floor, and plastic sheeting lay on the bed. A hose was connected to the showerhead in the connected bathroom, which was also covered in plastic sheeting, and two large, blue Sterilite containers contained human body parts. A knife lay next to one of the bathroom sinks.
A lid to one of the containers was located in the bedroom that the defendant later claimed was his. In that same room, officers saw an open suitcase of clothing on the floor and a laptop on the bed. Detective McCord observed a handwritten note stating the address for Dan Boudreaux’s Ace Hardware and information regarding sewer line cleaner. He saw what appeared to be blood on the door leading to the bedroom, a box of gloves, and a bottle that was "consistent" with the bottles in the master bedroom and that appeared to have blood on it. The closet contained no clothing but contained a crock pot, a box of Clorox brand gloves, and a Walmart bag that itself contained trash and food. Blood also was on the bed.
In the bathroom just past the bedroom, Detective McCord saw a large amount of blood as well as gray shorts, underwear, and white T-shirt on the floor. A large knife and a Walmart bag containing a receipt lay on the sink; a bottle of peroxide and a pair of blood-soaked gloves lay inside the sink; and multiple pairs of bloody gloves lay discarded nearby. Photographs of the vanity showed a large knife next to a partially opened Walmart bag, and a portion of the receipt can be seen lying on top of other items inside the bag. Officers obtained surveillance video from Walmart for the time stamped on the receipt, and Detective McCord stated that the clothing on the bathroom floor was consistent with the clothing the defendant wore in the surveillance video. In that video, the defendant’s hands were wrapped and bandaged. The Walmart receipt indicated that the defendant had purchased two bottles of hydrogen peroxide and two bottles of isopropyl alcohol, and Detective McCord was aware that these products could be used to erase DNA and fingerprint evidence.
The severed hands lay in the doorway of the bedroom at the end of the hall. Inside that room, Detective McCord observed "a copious amount of blood right here in the corner" and "various cutting instruments." He saw the clothing that belonged to Mr. Guy on the floor. Detective McCord agreed that he observed all of the evidence as he was clearing the residence during the "welfare check."
Detective McCord testified that the backpack and Mrs. Guy’s purse were collected and inventoried at a later time by forensic services officers. He stated that the typical procedure employed by the forensics unit was to inventory items collected at a crime scene.
Detective McCord said that authorities were working on the assumption that the bodies in the containers were those of the victims, but neither victim had yet been identified. He said that authorities also knew that the defendant had left the residence. The Walmart receipt for the groceries found lying in the entry of the house indicated that they were purchased approximately three hours before the defendant returned to the same Walmart to purchase the hydrogen peroxide and isopropyl alcohol. Detective McCord contacted the victims’ daughter, Ms. Tyler, who told him that she had been unable to reach Mrs. Guy since the family had dinner together on Thanksgiving despite having telephoned her at least twice. Ms. Tyler told Detective McCord that the defendant had been at dinner and that he was staying at the house. Ms. Tyler described the defendant’s vehicle to the detective and stated that she specifically remembered having seen a large, blue plastic tote in the defendant’s vehicle, saying that she remarked on the tote at Thanksgiving dinner.
Detective McCord obtained a warrant for the defendant’s arrest. FBI agents arrested the defendant outside of his Baton Rouge apartment on Tuesday, November 29th. On that same day, officers learned that the defendant had attempted to purchase a firearm at an Academy Sports store in Louisiana. Detective McCord said that based on a note found in the open suitcase in the Goldenview Lane residence that contained the address of an Ace Hardware store in Louisiana, he would have followed up with that Ace Hardware store regarding the cleaning solvents and other items found in the Goldenview Lane residence. Because the defendant had purchased cleaning solvents at a Knoxville Walmart and other items found in the house appeared to have been purchased at Lowe's and Home Depot, the detective said that he also would have investigated whether the defendant purchased items at a Walmart, Lowes, and Home Depot near his Baton Rouge residence.
During redirect-examination, Detective McCord confirmed that the first call reporting that Mrs. Guy had not reported for work came in just before 9:50 a.m. and that Detective Ballard responded to the call. The second 911 call was made around noon reporting concern for Mrs. Guy’s welfare. After the second call, Detective McCord contacted Detective Ballard and told him that he was going to the Goldenview Lane residence, and Detective Ballard, Officer Gresham, and Officer Graves met him there. When he arrived at the residence, no one answered the knocks at the door, but a dog could be heard barking off and on from inside the residence. Detective McCord acknowledged that he did not hear any sounds of a struggle or calls for help coming from the house. He said that he climbed the fence to reach the backyard and saw that the back door, located behind a clear glass storm door, had a hole where a doorknob would have been. He said that he lowered his head toward the door, smelled "a very unique smell," and felt heat coming from the back door, but he did not share that information with the other officers on the scene.
Detective McCord testified that officers found a garage door opener in one of the unlocked vehicles in the driveway, which he used to open the garage. Upon opening the garage, he could feel heat and smell chemicals and said that "everything changed the second that garage door opened." He reiterated that officers went to the residence to conduct a welfare check and that, during a welfare check, "efforts are made to make entry into those houses with as minimal damage as possible. It’s a routine law enforcement call." He knew that no calls for an ambulance had come from the house and that both vehicles were still in the driveway. From this, he surmised that it was likely the victims were still inside the residence.
After clearing the house other than the room from which the dog was barking, officers "held the downstairs" until a sufficient number of units arrived to go upstairs and see if anyone was in the room with the dog. After the dog was secured, Detective McCord and other officers reentered the house and "cleared the residence" to determine whether anyone was alive inside the residence. Along with other evidence, officers collected the backpack, which was taken to "the City County Building" and inventoried by a forensic technician.
During recross-examination, Detective McCord identified a photograph of the backpack and agreed that the backpack was in plain view inside the residence. He testified that a notebook found inside the backpack included notes on using high heat to "speed[ ] decomposition" and flooding the house to "cover[ ] up forensic evidence." He acknowledged, however, that he did not know the contents of the notebook before applying for an arrest warrant..
The State called East Baton Rouge Parish Sheriff's Office Lieutenant Scott Henning, who testified that on November 29, 2016, he learned that an arrest warrant had been issued for the defendant who was believed to be in Baton Rouge. FBI agents were conducting surveillance at the defendant’s apartment and confirmed that the defendant’s vehicle was there. Lieutenant Henning verified the defendant’s Baton Rouge address and obtained search warrants for the defendant’s residence and vehicle. He said that prior to the search warrants being issued, the defendant was taken into custody by FBI agents when the defendant exited his apartment.
The search warrant for the defendant’s car and the affidavit supporting the issuance of the search warrant were entered as exhibits during the hearing. According to the application for the search warrant, probable cause existed for the issuance of a search warrant for the defendant’s vehicle as a place where evidence of first degree murder was believed to be concealed. This evidence included firearms, ammunition, and like component parts; knives, swords, or other cutting instruments; items containing blood or other evidence of bodily fluids; items containing hair or fiber evidence; cellular telephones or other electronic devices used to communicate with others; computers, hard drives, or other electronic devices with internet capabilities; and "[a]ny other evidence indicative to the crimes of First Degree Murder." The application included the following in formation to establish probable cause for issuance of the search warrant:
On the afternoon of Tuesday November 29th, 2016[,] EBRSO Homicide Detectives began assisting members of the Knox County (TN) Sheriff's Office with an ongoing homicide investigation that occurred in their jurisdiction.
On Monday[,] November 28th, 2016[,] at approximately 1225 hours, Deputies with the Knox County (TN) Sheriff's Office responded to a residence in their jurisdiction concerning a welfare check on the residents. The welfare check was requested after a female resident failed to show up for work that date. Upon their arrival, Knox County Deputies located the lifeless bodies of a male and female inside the residence with obvious injuries. During the course of their investigation, Knox County (TN) Detectives obtained an Arrest Warrant charging Joel Michael Guy Jr., W/M 03-13-1888 [sic] (ACCUSED) with First Degree Murder. Video surveillance footage confirmed that the Accused utilized a 2006 Hyundai Sonata, 4-doors, blue in color, bearing Louisiana license plate EZIJ752, VIN: 5NPEU46F06H013209, while traveling in Knox County, TN at the time of the homicide.
On Tuesday[,] November 29th, 2016[,] at approximately 1600 hours, the Accused was taken into custody outside of his residence, which is located at 5075 Nicholson Drive, Apt A-202[,] Baton Rouge, LA 70820, without incident. The previously described vehicle was also located parked near the Accused apartment.
The previously described vehicle will be towed from its current location to the East Baton Rouge Parish Sheriff's Office Crime Scene Garage … in order for the Search Warrant to be executed and any evidence collected from within.
After obtaining the search warrants, Lieutenant Henning had a SWAT team clear the defendant’s apartment to ensure no one else was inside the apartment and to "maintain[ ] security on the apartment." When Lieutenant Henning arrived, he conducted a search of the apartment, which he described as "very dirty" and "very unkept." He noted that the sofa was actually situated near the door such that it appeared that the door had been barricaded at one point. In the kitchen, he saw large bottles of peroxide on the counter, a bottle of Liquid Fire in the trash can, and packaging for a large knife. Officers found a 12-gauge shotgun on top of the bed in the primary bedroom. Officers also found ammunition for the shotgun and ammunition for a handgun. In a dresser, Lieutenant Henning found letters addressed to Mrs. Guy inside of Ziploc bags and "numerous electronics and different things like that." A computer monitor in the bedroom showed a recent search for "a helium hood," which can be used to commit suicide by asphyxiation. Officers also found receipts from Lowe’s and Dan Boudreaux’s Ace Hardware in Louisiana. The receipt for Ace Hardware showed purchases of muriatic acid, clear drain liquid fire, and four containers of sewer line cleaner.
Pursuant to a search warrant for the defendant’s vehicle, the vehicle was towed to the crime scene garage for processing. In the trunk of the vehicle, officers found five-gallon gasoline cans, a mixing bowl, other kitchen appliances, and a meat grinder. The evidence collected from both the apartment and the vehicle were turned over to KCSO.
During cross-examination, Lieutenant Henning testified that Detective McCord arrived in Baton Rouge prior to the execution of the search warrant and met the lieutenant at his office. Lieutenant Henning discussed the application for the search warrant with Detective McCord over the telephone before presenting it to the magistrate. He said that he did not include details of the homicides in his affidavit for the search warrants because an arrest warrant for the defendant had already been issued in Knox County, "[s]o we didn’t feel it was our place in Louisiana to discuss the facts of a homicide that occurred in another state."
KCSO Detective Steven Ballard testified that on the Monday morning after Thanksgiving of 2016, he responded to the Goldenview Lane residence to conduct a welfare check on Mrs. Guy. He rang the doorbell at the front door, and after no one responded, he walked to the side of the residence where he saw a fence around the backyard with a locked gate. He did not enter the backyard because "[b]eing alone, it would have been an officer safety issue." He saw two vehicles parked in the driveway and an interior light on in the foyer. He was at the residence for five to 10 minutes and did not speak to any neighbors at that time. He verbally reported the results of the welfare check to dispatch.
Later that day, Detective McCord told Detective Ballard that he had additional information and was going to the victims’ residence, and Detective Ballard agreed to accompany him. Detective Ballard wore a body camera and activated the camera during his first and second visit to the residence. His second visit to the residence was approximately one to two hours after his first visit, and Officer Gerrit Graves and Officer Benji Gresham were also present. During the second visit, Detective McCord went to a neighbor’s house to ask the neighbor when she had last seen the victims. The neighbor told him that the victims and their son were there on Thanksgiving and that she had seen them moving a boat and a trailer on Friday. Another neighbor told him that she had seen the foyer light on inside the residence at approximately 6:30 a.m. that morning.
Detective McCord and Detective Ballard climbed over the fence and entered the backyard, and Detective McCord looked through a hole in the back door where the doorknob was missing. Detective Ballard did not recall Detective McCord’s saying that he felt or smelled anything while looking through the hole. Detective McCord then looked through one of the windows. Detective Ballard checked the doggie door and found that the inner door would not open. Detective Ballard can be heard on the recording saying, "I’m going to back off for a minute," at which point he turned off his body camera.
At some point, Detective Ballard reactivated his body camera, and the garage door can be seen opening in the video recording. He said that he was not aware of any plan to enter the house until after the garage door was opened. He said that once the garage door opened, he felt heat "coming out of the garage." Detective McCord knocked on the door leading from the garage to the house and then "just pushed open" the door. Detective Ballard said, "I don’t know how you explain it," but "the odor was so strong my forehead was burning when we entered the residence." He said that the heat became more intense as he continued further into the house. After seeing the scene in the upstairs of the house, the officers exited the house to discuss the next steps. Detective McCord re-entered the house to secure weapons that the officers observed while inside the house. Detective Ballard remained at the side of the house to help secure the perimeter and did not re-enter the house.
During cross-examination, Detective Ballard said that during his first visit to the residence, he did not look inside through a window. He said that when he and Detective McCord later entered the house through the garage, he believed an emergency situation was at hand. During redirect examination, Detective Ballard said that after initially going upstairs and seeing the scene, the officers "left without completely clearing the upstairs."
KCSO Officer Gerrit Graves testified that he responded to the Goldenview Lane residence on November 28, 2016, to assist with a welfare check. He said that officers spoke with neighbors and looked around the outside of the residence before making the decision to enter the house. He entered the house with other officers and, after exiting, helped set up a perimeter around the property. He acknowledged that after the four officers exited the house, there was a period of time during which no law enforcement officers were inside. He said that the officers heard noises upstairs and were unsure whether someone was still in the house. Officer Graves re-entered the house with Detective McCord to secure the firearms that were on the dining room table. Officer Graves said that at that time, the noise from upstairs sounded like a dog. Officer Graves pointed out to Detective McCord the heat emanating from the oven as they walked through the kitchen. Officer Graves stated that the officers did not do anything in the house other than retrieve the weapons from the table.
During cross-examination, Officer Graves said that he responded only to the second welfare visit to the residence. He said that he peered through the window at the front door and saw groceries scattered on the floor inside the door, which he considered troubling. He said that when he entered the house, he noted that it was "extremely hot" and that he "said out loud, I’ve entered the gates of hell." He said that officers confirmed with neighbors before entering the house that the vehicles in the driveway belonged to the victims, leading the officers to believe that the victims were inside the house.
The recordings from the body cameras of both Detective Ballard and Officer Graves were entered as exhibits during the suppression hearing. The recording of Detective Ballard’s initial visit to the Goldenview Lane residence showed him approaching the residence, which had a "For Sale" sign in the front yard and vehicles parked in the driveway. Detective Ballard walked up to the front door, which was a glass door with a wooden door behind it. A decorative window was in the middle of the wooden front door. Detective Ballard knocked, but no one responded. He walked to the fence on the side of the yard, saw the dog house in the backyard, and whistled. When he did not receive a response, he returned to the front door before leaving the area.
The next recording showed Detective Ballard returning to the Goldenview Lane residence with other officers. He and the officers approached a neighbor who lived beside the victims and asked her about the victims. She could not recall whether she saw the victims the previous day but said she saw them on Thanksgiving with their son. She confirmed that the vehicles in the driveway belonged to the victims and that they did not own any other vehicles. She stated that the victims were in the process of moving, that they had to be out of their house by December 13th, and that they had a large dog that was loud. She suggested that the officers speak to the neighbors who lived across the street from the victims. Detective Ballard and other officers walked across the street and spoke to a neighbor who reported seeing a light on upstairs inside the victims’ residence at 6:30 a.m. that morning.
The recording from Detective Ballard’s body camera showed the officers approaching the front door of the victims’ residence. One of the officers looked inside the residence through the decorative window on the front door. The neighbor who lived next to the victims approached the officers and reported seeing a light on inside the victims’ residence at 6:00 a.m. that morning. She stated that she assumed Mrs. Guy was preparing to go to work. The recording showed Detective McCord and Detective Ballard climbing over the fence into the backyard while discussing information that they learned from the victims’ neighbors and the realtor. Detective McCord walked onto a deck, approached the back door, and looked through a hole in the door where the doorknob was missing. He tried looking through a window near the back door, and Detective Ballard determined that a nearby pet door was locked. The officers returned to the front of the residence where an officer opened one of the vehicles, retrieved a garage door opener, and used it to open the garage door.
Detective McCord knocked on the door in the garage leading inside the house and announced the officers’ presence. A dog could be heard barking from inside the house. The officers entered the residence and walked through the downstairs area while Detective McCord continued to announce their presence. As they started walking upstairs, Detective McCord saw blood on the wall and instructed the officers to put on gloves. The officers began clearing the rooms upstairs, and Detective Ballard cleared the bedroom where the defendant acknowledged he had stayed. Detective McCord instructed the officers to back out of the house, and the officers exited through the garage.
In addition to the recording from Detective Ballard’s body camera, the recordings from Officer Graves’s body camera showed him speaking to the neighbors who lived across the street from the victims. One of the neighbors stated that it was unusual that both of the victims’ vehicles were parked in the driveway because Mrs. Guy was generally at work during this time of the day. The officers obtained the telephone number of one of the victims from the neighbor, and an officer announced that he had been calling the victims but that his calls went to voicemail. An officer looked inside the victims’ residence through the decorative window in the front door and reported his observations. When Officer Graves entered the victims’ home with the other officers, he made a comment about how hot it was inside the home. After the officers’ initial entry, Officer Graves and another officer reentered the home and retrieved the guns found in the dining area downstairs.
In its written order entered on November 5, 2019, denying the defendant’s motions to suppress evidence found within the Goldenview Lane residence, the trial court found that the defendant had standing to challenge the evidence found in the bedroom in which the defendant had stayed but lacked standing to challenge evidence found throughout the rest of the house. The court also found that exigent circumstances justified the warrantless search of the house, including the search of the bedroom designated for the defendant’s use. The trial court noted that the nature of the crime scene and the fact that the victims’ "body parts were in multiple locations throughout the house" in caustic solutions imposed on the officers "not only the right but the duty to identify, secure and save any and all evidence as soon as possible." The trial court also denied the defendant’s other motions to suppress and granted permission for the defendant to pursue an interlocutory appeal.