from Madison Circuit Court (CC-15-4058.70)
Wayne Weatherford appeals the revocation of his probation by
the Madison Circuit Court. On February 4, 2016, Weatherford
was convicted of the unlawful manufacture of a controlled
substance in the second degree. See § 13A-12-217, Ala.
Code 1975. He was sentenced to 60 months in prison. His
sentence was suspended, and Weatherford was placed on three
years' probation. On February 24, 2017, Probation Officer
Rachel Murrill filed a delinquency report alleging that
Weatherford had violated the terms and conditions of his
probation by committing the new offense of first-degree
kidnapping and by failing to avoid injurious or
trial court held a probation-revocation hearing at which the
State presented testimony from two witnesses: Investigator
Gary Gilbert of the Huntsville Police Department and
Probation Officer Murrill. Inv. Gilbert testified that he was
contacted regarding an assault victim at the Madison Hospital
emergency room. When he arrived at the hospital, he saw Erica
Green Barnes. She had scratches on the right side of her
temple and swelling around her left eye. Inv. Gilbert
testified that the left side of Barnes's head near her
hairline was swollen and that she had a "busted lip and
ligature marks around her ankles." (R. 7.) Inv. Gilbert
testified that Barnes told him that
"[s]he had recently got back together with the
ex-boyfriend, Mr. Weatherford, even though they had a prior
domestic violence incident back on Black Friday of last year.
"The last few days they had been riding around. She said
Mr. Weatherford was on a high from methamphetamine and they
had been traveling back and forth from that address on Ryland
Pike in Madison County back to Huntsville.
"Earlier in the day, about the last four hours, they
were riding around the back roads in his pickup truck. He
made statements that he would kill her because she no longer
wanted to be in a relationship with him.
"He asked her how she would like to die, it could be by
overdose, stab her, run her over with his truck.
"He bound her feet together with a phone charger cord
and was stabbing the seat of the truck with a knife.
"She recalls seeing street signs on Wall Triana, County
Line Road, which that puts her in the Huntsville City limits
is the area we have there.
"They eventually stopped at Fuel City on Swancot Road
and she said Mr. Weatherford kind of dozed off, fell asleep.
She got the knife and cut the cord from around her ankles and
ran into the store.
"I was able to view the video from the store. It does
show a gold F150 pickup pull up to the pumps and sits there
for about 10 or 15 minutes.
"A female gets out of the passenger's side and runs
inside the store. A male gets out of the truck and then gets
back in the truck and drives off."
(R. 8-9.) Inv. Gilbert could not tell from the video whether
Weatherford was the male in the video.
Murrill testified that she was informed of the allegation and
contacted Weatherford "to try and see what was going on
and see if he would come and talk to [her] about it and
explain it." (R. 15.) Weatherford told her that "he
got into an argument with Miss Barnes and that he slapped her
but that it would be at most an assault third charge."
(R. 16.) Weatherford stated that Barnes may have hit him
the testimony, defense counsel argued that the evidence was
insufficient because, he said, the only evidence connecting
Weatherford to the offense was hearsay. After hearing
arguments from both parties, the circuit court stated:
"And this is the way I see this case, you have the
statement of the victim, which is entirely hearsay.
"The officer has corroborated that when he interviewed
the victim finding the exact types of multiple injuries --
this is not just standard injuries, but all kinds of
different injuries to her that he can physically see which
corroborate the testimony that she ...