1987-03-28
On March 28, 1987, Melvin K. Drum, the deceased, was employed as Chief Deputy Sheriff of Ochiltree County, Texas. Several calls were made to Drum's residence that day concerning the activities of the appellant. The calls concerned a domestic dispute between the appellant and his wife, Linda Crane, and threatening calls made by the appellant to the residence of Mr. Gayle Rogers, the business manager of Mrs. Crane's employer.
Mrs. Crane was employed as a practical nurse at the home of Mrs. Spicer, an elderly invalid. Appellant had visited the Spicer home earlier in the day and had an argument with his wife. Appellant then smashed the windows of his wife's car as she sat in the car and the police were called. Appellant departed before the arrival of the police. Later, the appellant called Mr. Rogers' home, demanding his wife's check, although it was not yet due to be issued. The deceased and his son, Delvin Drum, an Ochiltree deputy sheriff, upon being informed of the appellant's activities, left the Drum residence to investigate. The officers departed in separate vehicles, the deceased driving an unmarked vehicle.
At trial, Sherry Vance testified that she lived across the street from the Spicer residence. On the day of the homicide, she testified that at approximately 1:25 p.m., she heard the short beep of a siren. She went to the window and observed a green car pull into the Spicer driveway. A red car, driven by the deceased, pulled in near the Spicer residence.
Ms. Vance testified that she saw the appellant's wife approach the decedent's car. Vance then saw the appellant with a shotgun. Appellant pointed the shotgun at the deceased. His wife grabbed him, shook him, and told him, "No." She then went back toward the Spicer residence. Appellant then shot the deceased who was seated in his car. Vance saw the impact of the shot on the deceased's body. The appellant then fled.
Bruce Evans, an Ochiltree County deputy, testified that when he arrived the red "kojak" light on the dashboard was still flashing. Delvin Drum testified that when he arrived, his father was slumped over in the car. The deceased's badge was plainly visible. Melvin Drum was wearing a holstered service revolver.
Based on a police broadcast, appellant was arrested by Oklahoma authorities two and a half hours later at a roadblock in Beaver County, Oklahoma for the murder of Melvin Drum.