In 2009, Thomas Crowe and his codefendant, Toni Collins, were at the home
of Marvin Dailey. Crowe started a fire in a bedroom of Dailey’s
home. Dailey was struck in the head with a hammer. Collins and Crowe took
various items of personal property from Dai- ley’s home, including
his car. Dailey’s body was found in- side the home and an autopsy
indicated that he died from smoke inhalation. After leaving Dailey’s
home, Crowe and Collins went to the home of Jeff Link. Crowe told Link
that he had beat someone up. Crowe and Collins had Dai- ley’s car.
During an investigation, Collins gave a statement that implicated Crowe.
She later directed law enforcement to a pond in which the hammer had been
thrown. Crowe was arrested and convicted of three counts of capital murder. Reversed.
The Court found the following issue on appeal: “Whether the circuit
court erred when it instructed the jury that it could convict Crowe of
capital murder if it found that Crowe ‘or another participant’
intended to kill Dailey.” The instructions are conflicting but the
court did instruct the jury that an element of intentional murder was
whether “the defendant or another participant intended to kill Mr.
Dailey.” Crowe did not testify but the State introduced tapes of
telephone conversations that Crowe had with his wife and mother while
in jail. In those conversations, Crowe stated that he had not killed Dailey
and that he had not intended for him to be killed. The judgment of the
trial court is due to be reversed. Crowe v. State of Alabama.