Vendrel v. State

897 S.E.2d 751

VENDREL

v.The STATE.

S23A1024

Supreme Court of Georgia.

Decided: February 6, 2024

Superior Court, Effingham County, C. Michael Johnson, Judge

Cathy Morris Alterman, Law Office of Cathy Morris Alterman, 2673 Delk. SE, Apt. E, Marietta, Georgia 30067, for Appellant.

Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Matthew Breedon, A.D.A., Office of the District Attorney Ogeechee Judicial Circuit, 901 N. Pine St., Springfield, Georgia 31329, Brian Ashley Deal, A.D.A., Ogeechee Judicial Circuit District Attorney’s Office, 901 N. Pine Street, Suite 208, Springfield, Georgia 31329, Daphne Jarriel Totten, A.D.A., Keith A. McIntyre, A.D.A., Ogeechee Judicial Circuit District Attorney’s Office, One Courtland Street, Second Floor, Statesboro, Georgia 30458, Elizabeth Rosenwasser, Assistant Attorney General, Department of Law, 40 Capital Square, Atlanta, Georgia 30303, for Appellee.

Ellington, Justice.

Luis Vendrel appeals his convictions for malice murder and possession of a firearm during the commission of a felony in connection with the shooting death of Nova Jill Saffles.¹ Vendrel contends that he suffered a constructive denial of his right to counsel or otherwise received ineffective assistance of trial counsel. Because Vendrel has failed to carry his burden of proving either contention, we affirm.

The State presented evidence at trial showing that, while they were living together, Vendrel shot Saffles multiple times in the chest, arm, and face, that he repeatedly confessed to the shooting, and that he changed his story several times. Saffles was still mar- ried to another man but had separated from her husband when she and Vendrel began dating and moved into a house together, along with Saffles’ adult daughter Sierra Seiler. Vendrel often argued with Saffles. He became upset when she would spend time with her estranged husband, and Vendrel threatened to kill him. On September 26, 2015, Saffles and Seiler were out with Saffles’ husband and returned to Vendrel’s and Saffles’ home that evening. Seiler testified that Vendrel "looked really mad" and "slid his hand under the pillow" on the bed he shared with Saffles, but Seiler did not see anything under the pillow. Seiler left the house to go back out with a friend, and a short time later, a neighbor heard gunshots, saw someone leave the house and drive away in a Geo Tracker vehicle, and called 911.

Vendrel subsequently called his sister, and she called 911 and provided Vendrel’s cell phone number to the dispatcher. The dispatcher then called Vendrel, who said that he had a gun, "wanted to kill himself," had "killed a female," and was "sorry." When officers located Vendrel in a Geo Tracker parked at a friend’s residence, Vendrel would not get out of the vehicle at first, saying that "they were going to kill him because he had killed her"; that he "shot her beca[us]e she was married and was cheating on him with her husband and … was going to break up with him and go back to her husband"; that "even God could not forgive him for what he did"; and that he "wanted to die because he did not want to go to prison for the rest of his life." When Vendrel finally got out of his vehicle, he was barefooted. The officers arrested him at that time and found a large revolver in the vehicle.

The deputy who transported Vendrel to the county jail testified that Vendrel "spontaneously" told her that Saffles "had contacts in the jail"; said he was "sorry that he shot her"; asked "several times if she was dead"; told the deputy "spontaneously that the reason he shot her was because she was … playing with his emotions every Friday and Saturday by telling him that she loved him and was going to leave her husband to be with him"; and several times said that he "killed her and … was going to prison for life." Later that night, when GBI agents interviewed Vendrel, he told them that Saffles had been "off somewhere" with her husband and daughter "all day long" when "she was supposed to have come home to him." Vendrel also said that he had shot and killed Saffles with the revolver found in his vehicle and that he had two other guns in his house.

Two days after the shooting, although Vendrel had already been arrested, a GBI agent returned to the jail for the sole purpose of serving an arrest warrant on Vendrel to "complete … an arrest record." At that time, Vendrel stated, without being asked any questions, that he had "pointed the gun" at Saffles, that she said "just do it," and that "the gun fired." When the agent returned later to complete an arrest form, Vendrel, again without being questioned, "kind of made a motion that she had put her hands on the gun or something like that and then it just fired." Although English is not Vendrel’s first language, he "kept trying to tell [the agent] stuff," and the agent advised Vendrel to talk to his attorney.

About two months later, the same agent again returned to the jail to obtain buccal swabs from Vendrel. During that encounter, Vendrel asked if fingerprints had been lifted from his .380-caliber semi-automatic pistol because "that’s the one she used … against me. I was defending myself." The agent again advised him to talk with his attorney. Another month later, on a recorded phone call made by Vendrel from the jail, he said that "the first two shots were into her chest and then the shot to the face was the last shot."

Officers had discovered Saffles’ body on the kitchen floor of the house where she and Vendrel lived. Blood was on the walls and floor in different rooms of the house, including the kitchen door and the floor near her body. DNA swabs of Vendrel’s feet tested positive for Saffles’ blood. Officers found, on the passenger seat of Vendrel’s vehicle, a Taurus Judge .410-caliber revolver, which can fire shotgun shells as well as bullets. The revolver had a five-shot cylinder with three live Winchester PDX1 rounds, one spent Winchester Super X shotgun shell, and one empty chamber. Bullets and bullet frag- ments, as well as pellets and wadding from a shotgun shell, were found in various parts of the house, including the kitchen and the bedroom. Five shell casings recovered from Vendrel’s and Saffles’ bed were Winchester PDX1 rounds that had been fired from the Taurus Judge revolver found in Vendrel’s vehicle.

The medical examiner determined that Saffles was shot in her chest and arm, that "multiple gunshot wounds" caused her death, and that a large gunshot wound to the right side of her face likely was inflicted after she was already deceased. The facial wound, from which wadding and pellets were recovered, was consistent with a .410 shotgun shell, while the other wounds were consistent with .410 PDX1 Defender rounds. The Taurus Judge revolver was designed to fire both types of .410-caliber ammunition (as well as .45-caliber Colt ammunition).

At trial, Vendrel presented three defense witnesses before testifying in his own defense. The first defense witness, Scott Shepard, who was Saffles’ co-worker and friend, responded to an initial inquiry from Vendrel’s trial counsel – "This is the first time you and I have ever met; is that right, sir?" – by testifying "[t]hat is correct." Shepard described an incident involving Vendrel as follows: the day before Saffles’ death, Shepard had waved at her in her car; Vendrel was in the passenger seat and made an insulting gesture towards him; Shepard texted Saffles, who answered that it was Vendrel; Vendrel called Shepard on Saffles’ phone and threatened him; and Shepard replied that he would "knock [Vendrel’s] teeth out." Shepard further testified that he never had any other incidents with Vendrel; Saffles and Vendrel had arguments with each other that at times "got bad"; Saffles never asked Shepard for help to leave the relationship; and Shepard understood that Vendrel "was jealous that [he] made [Saffles] laugh and that [she and Shepard] had a good working relationship."

The second defense witness, Vendrel’s former employer, testified that Vendrel was a, "loner" and a "great worker"; he had "never seen [Vendrel] harassing anybody"; he would loan money to Vendrel, who kept his word and "always paid it back"; he had advised Vendrel and Saffles that their romantic relationship was "not healthy" and was "not going to work out" as she was still married; and he was "[v]ery surprised" at the crime because Vendrel "idolized" Saffles. The third defense witness, Vendrel’s sister, testified that she was aware of problems in his relationship with Saffles; she counseled Vendrel to leave the relationship because although he loved Saffles, she was a married woman; Vendrel was afraid of Saffles’ husband; on the night Saffles was killed, Vendrel called his sister, was "very distraught" and "upset," and told her that he had killed Saffles and was going to kill himself; and she then called 911.

Vendrel testified in his own defense as follows. On the night of her death, Saffles smelled like alcohol, started to argue with him, and became violent. She first picked up the Taurus Judge revolver and "put it in her mouth." Vendrel tried to take it away from Saffles, she aimed it at her face, and he took hold of the gun but "her hand was on the trigger and it went off," striking a wall and possibly injuring her. Saffles then grabbed Vendrel’s .380-caliber pistol and aimed it at his face. He feared for his life and "tried to stop her" by firing the revolver at her, hitting her in the chest. Saffles pushed Vendrel, and he slipped on a rug, fell against a door, and accidentally fired another round that did not injure Saffles. Vendrel tried to get out of the house, but Saffles grabbed and pushed the door he was trying to use and pointed the .380-caliber pistol at him very close to his face. Vendrel then shot Saffles in the middle of her chest, causing her...