http://www.wallacefugate.com/MARK1.html
(Testimony Begins On Page 465, Ends On Page 497)

Page 465

MARK FUGATE
Witness having been first duly sworn Testified on DIRECT EXAMINATION BY MR. BRILEY:


Q. Mark, would you face the jury. Can you turn your chair a little bit there and face the jury there. You'll have to speak just a little louder.

A. All right.

Q. This does not magnify your voice for them. It's for the Court Reporter, all right, sir?

A. All right.

Q. All right, sir. Mark, how old are you?

A. Sixteen.

Q. How old were you on May the 4th, 1991?

A. Fifteen.

Q. All right, sir. Mark, who are your parents?

A. Pattie Fugate and Mr. Fugate.

Q. All right, sir. Mark, how long have you lived in Putnam County?

A. I'd say approximately ten years.

Q. I beg your pardon?

A. Approximately ten years.

Q. All right, sir. Mark, was the Defendant married to your mother, Pattie --


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A. Yes, he was.

Q. - Fugate? And what was Pattie's maiden name?

A. Pattie Diane Nelson.

Q. Okay.

MR. BELLURY: Your Honor, if I may, we can't hear.

THE COURT: Mr. Fugate, do you want to speak up a little, please, sir.

MR. FUGATE: Yes, sir.

THE COURT: Or Mr. Bellury, you're free to --

MR. BELLURY: I can move up closer.

THE COURT: Okay.

MR. BRILEY: If you want to get a little closer, that'll be fine.

MR> BELLURY: Will that be okay with the Court if I do that?

THE COURT: Yes, sir.

BY MR. BRILEY:

Q. Mark, I'm going to talk to you from over here, and you talk so that I can hear you, all right?

A. All right.

Q. Okay. Now, that seems to be a little bit better. Mark, where did your mother work?


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A. Hallman Wood Products.

Q. And how long had she been working there?

A. I'd say four years.

Q. And did you also work there?

A. Yes, I did.

Q. And where did y'all live?

A. 119 Blue Branch Drive, Eatonton, Georgia.

Q. Do you recall if and when your mother and father got a divorce?

A. I don't know the exact time.

Q. All right. How long before she died, do you know?

A. I'd say at least two months.
(7 months - October 10, 1990)

Q. Okay. Now, on -- did your mother have a friend who lived in South Carolina?

A. Yes, she did.

Q. And where did he live in South Carolina?

A. I can't remember the town.
Why couldn't he remember? Mark and his mother went to visit Steve Fields at least twice a month and Pattie had been seeing Steve for quite awhile.

Q. But did you sometimes visit up there with her?

A. Yes, sir.

Q. And what kind of work did he do?

A. He was a construction worker.

Q. All right. Have you ever heard of a Days Inn up there in South Carolina that --

A. Yes.

Q. And do you know who lived there?


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A. They were renting the motel with some friends.

Q. You mean the construction workers?

A. Yes, the construction workers.

Q. All right. And what was the name of the person there that's a friend of your mother's?

A. Steve -- I can't recall his last name.
Steve Field's talked to Mark and Pattie all the time and spend weekends at their house.
see Mark's Statement of July 10, 1991, page 26
See Telephone Bill


Q. All right. But did you sometimes go places with him and your mother?

A. Yes, sir.

Q. And what kind of activities did y'all engage in?

A. Most of the time we went on trail rides.

Q. Now, trail rides -- now, some people nowadays use motor vehicles and some use horses. Which did you use?

A. We used horses.

Q. You used horses when you were trail riding?

A. Uh-huh (affirmative).

Q. All right, sir. Now, on the Saturday, May the 4th, 1991, did you work that day?

A. Yes, sir, I did.

Q. And did your mother work that day?

A. Yes, sir.

Q. What were your plans for that day?

A. To go home, get our clothes and go to South Carolina and spend the weekend with him.

A. Before you left home that morning, did y'all put


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anything in the washing machine?
Steve and Pattie had planned on being together for at least a week in advance, see Steve Field's Statement.

A. Yes, sir. We put our pants and stuff that we were going to wear up there in the washing machine?
Mark states, two lines down from this one that he did not know he was going to go to South Carolina until around noon of that very day? So why would they had put clothes in the washer that morning for this trip if they did not know they were going?

Q. Okay, And then left home to go to work?

A. Uh-huh (affirmative).

Q. All right. When did you make the decision to go -- you and your mother make a decision to go to South Carolina on this occasion?

A. It was that day.

Q. That day?
A. Uh-huh (affirmative). They had been talking about it on the phone. I didn't know about it until work. She finally -- he called her at work and said that he was going to be able to -- that for her -- he was going to be able to get off work where we could come up and visit him.
Steve Fields wasn't working. See Steve Field's statement where him and Pattie had planned this visit at least a week in advance. Steve Fields was not called to testify during the trial on this account either.
David Hallman also knew they were to be gone that weekend as noted in his statement. But when he testifed he changed that fact and his earlier statement went unchallenged. Hallman was also called to be on the jury for this trial but dismissed after stating he had already made up his mind about Wallace's guilt.


Q. He called her at Hallman's that day?

Q. And when was the first time you, yourself, had any inkling that you were going to South Carolina on that day?

A. I'd say before we got home, because she said that -- when we got home to pack enough clothes to stay up there a couple of days.

Q. But you didn't have any inkling of it until after you went to work that day?

A. Right.
Then why the clothes in the washer that morning?


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Q. All right. Now, what time did y'all get off from work?

A. We get off at -- that was Saturday, at 4 o'clock.

Q. Okay. And what did you do when you got off from work?

A. Went to feed our horses on Rabbit Skip Road.

Q. Okay. Rabbit Skip Road is -- some of these folks might not know where Rabbit Skip Road is. Can you tell them who lived there and who keeps your horses?

A. It was Ms. Battle Smith that owns The Eatonton Messenger. It was her farm.

Q. And you boarded your horses out there?

A. Well, we kept them out there.

Q. Just kept them out there. All right, sir. How long did it take you to feed those horses that day?

A. I'd say a good hour, because my horse, we had to amputate his tail, and we had to put some medicine on him and give him some shots and make sure he was doing all right.

Q. All right. And then what did you and your mother do then?

A. We got in the van and headed home.

Q. And how were you traveling? What were you traveling in that day?

A. A van, an Aerostar.

Q. All right. Did -- when you got home, did you notice


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anything different from when you left that morning?

A. Yes, sir.

Q. And what was that?

A. My Mustang was backed halfway out of the garage and the hood was up on it.
Mustang is in the carport and crime scene has been altered, same as shown in the photos of the residence.

Q. And the hood was up on it?

A. (Nods head, yes.)

Q. All right, sir. And did you -- what did you and your mother do upon arriving at home?

A. I jumped out of the van to go check my car and found out there was a new battery in it and a charge was hooded up on it, and she proceeded to the door.
No charger is seen in any of the photos taken of the Mustang.

Q. Did you say anything to her?

A. Yeah. We figured this time we could -- we could call the police and we could prove that he was out there, because we had a -- Q. You didn't think he was there at that time?

A. No, sir.
In Mark's 4th Statement taken on 07/10/1991 he stated "When we first arrived home I noticed dad's keys were in the Mustang, that's why I thought he was there." Wallace's key ring was given to Mark by Deputy Mize. The keys Wallace had to the house, van, Mustang and to Connie's house all conviently went missing and not turned over to Connie Roach. Therefore defense could not product the keys during the trial.

Q. He, who are we talking about?

A. Wallace Fugate.

Q. All right. But you believed he's been there, but you didn't think he was there? Is that what you are saying?
Mark had had made a previous statement, "When we first arrived home I noticed dad's keys were in the Mustang, that's why I thought he was there. Would anyone leave a place without taking their key ring containing all their keys with them?

A. Yes, sir.

Q. All right, sir. And what did you do then, Mark.

A. I got my keys and we unlocked the first door and


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went to the second one and opened it up -- went to the second one and opened up the second door. We got inside. She called the police and the line was busy, and then she called my aunt, Vicki.
Pattie never called the police, only her sister, Vicki McCarthy.
Telephone Bill


Q. All right. Do you know your Aunt Vicki's telephone number?

A. 1-912-994-5814.

Q. All right, sir. And that is in what county?

A. Forsyth.

Q. Okay. Well, what happened while she was on the telephone? What did you -- had she told you to do anything or --

A. Yes. She told me to go downstairs and put the clothes we had in the dryer.

Q. Take them from the washing machine and put them in the dryer?

A. Yes.

Q. All right. And what -- what did you do, Mark?

A. I proceeded down the steps, and when I got about half way to the bottom, I heard some keys rattle. When I heard the keys rattle, I ran back upstairs and got my gun and proceeded back downstairs.
Mark always kept his rifle in the gunrack located in the room leading into the living room and not in his loft bedroom.

Q. Did you get this gun?

A. Yes, sir.

Q. All right, sir. Now, what did you do with it then?


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A. I proceeded to go downstairs to see who was down there. And I went downstairs and turned on the light, and I seen his feet sticking out from around the corner of the door.
Not possible since Wallace was standing in the bathroom that you can only enter by going through the bedroom and then into that room.

Q. All right. Now, let me ask you, what did you do when you picked up this gun? Did you look at it? Did you check it to see if it was loaded?

A. No sir.

Q. Why?
Mark stated on Cross, page 484, line 24, that he, not Wallace, had taken the bullets out two days before and put them by the sliding glass door.

Q. All right. Did you flick the safety on it?

A. Yes.

Q. All right. But you knew it was loaded?

A. Uh-huh (affirmative).

Q. All right, sir. What did you do then. Mark?

A. After I seen him, I told him to get out. And when he walked around the corner, I proceeded to shoot him, but it was empty.

Q. Straighten up so the jury can hear you.

A. I proceeded to shoot him, but the gun just went click. There was no bullets in it.
This type of rifle will not click, on or off safety. Only clicks when a round is chambered.

Q. Mark, now that's your father. Why did you get your gun and proceed to try to shoot him with it?

A. Because he said he'd kill her if he ever caught her alone.

Q. He told you that?
Another statement Mark just made up or either something Pattie had told him.


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A. Yes.

Q. What happened after you pointed the gun at him and pulled the trigger, Mark?

A. He nudged me out of the way and ran upstairs while I was yelling for her to call the police.
Not true as Billy Coker never heard Mark yelling anything and he was on the phone with Pattie at this time since he had called in on the other line. Mark thought Pattie was still talking to Vickie.
The game room is 12 feet wide and Mark was standing beside the light switch holding his rifle. A person holding a rifle would not be standing near enough to someone else where they could be 'nudged' out of the way.


Q. And was she still on the telephone with your sister at this time?

A. Yes, she was.

Q. All right. What did you do when he ran upstairs, Mark?

A. I proceeded after him and caught up with him in the back room where she was sleeping at the time. In other words, where she slept.

Q. Now, let me ask you this. When you go up into the -- into the what's called the den. --

A. Un-huh (affirmative).

Q. -- where is her -- where is the room she slept in in relation to the den?

A. In the back of the house.
Technically the front of the residence and facing the driveway. The bedroom is located on the right of the entrance door going inside from the driveway (WEST).
See the layout of the residence.


Q. Would that be under the loft?

A. Yes.

Q. Okay. And you would -- used the loft, is that right?

A. Uh-huh (affirmative).

Q. Okay. All right. Now, and you went back there --


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she was -- well, where was -- she was on the telephone?

A. Yes. We had the police phone number in the phone on redial and everything, programmed in, and she was on the phone using it.

Q. She also had your aunt's telephone number?

A. Yeah. Everything was programmed in it.
Mark dialed the number wrong but stated this number was programmed into the phone.

Q. All right. Okay. So she was on the telephone and he -- did he go to the room where she was on the telephone?

A. Yes sir.

Q. Did you go back there?

A. Yes. I got there about two seconds after he did.

Q. All right. What happened next? What did you say to him, he say to you or do to you?

A. I didn't really say nothing to him except I hit him with the back of my gun when he grabbed her and started beating her.
Mark never hit Wallace nor did Wallce beat Pattie, see Autopsy Report.

Q. What was he beating her with, Mark?

A. The butt of his gun.

Q. Butt of the pistol?

A. Yes, sir.

Q. And what did you -- what happened then, Mark?

A. He just -- he grabbed her by the hair and started dragging her out of the house.

Q. All right, sir. How did she wear her hair, Mark?

A. It was long and straight.


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Q. Did she have a ponytail on that day?

A. Yes, sir, I think she did.

Q. All right. And he did what then, Mark?

A. Started dragging her out of the house to the base of the steps where she grabbed a hold of the steps to hang on.

Q. That was the steps coming from --

A. From my room.

Q. Down -- and where were you then, Mark?

A. I was standing at the kitchen which is right beside the steps. When I ran around the corner, she was hanging on. When I ran around the corner, he pointed the gun at me, and I stepped back, and then gun went off. I thought he had shot her. And what he had did is try to scare her so she'd let go from the wall, and he jerked her out of the house.
See Exhibit Photo of pencil in floor. Gun was not pointed at Mark nor Pattie as can be proved from layout of the room and by where both were stated as standing as the angle of the bullet was pointing away.
Photos taken inside residence
Layout Of Residence


Q. But the bullet hit the floor right close to the steps, didn't it?

A. Yeah. I'd say approximately four foot.

Q. All right. And did he drag her outdoors?

A. Yes, sir.

Q. Was it raining, Mark?

A. Not at the time.

Q. All right, sir. What happened then, Mark?

A. He proceeded to get her into the driver's side of the van, but she would not go, so he kept beating her and beating her, trying to get her into the van.
No beating occured according to the Autopsy Report.


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Q. Did he ever get her in or part of the way or anything?

A. He got her in three or four times, but she was able to struggle her way back out.

Q. All right. Tell us what happened then, Mark.

A. Well, I -- while he was beating her and everything, because I couldn't get close to him because he had the gun, -- we had, the time before, been cleaning out the garage and had all kind of junk and stuff and -- laying at -- beside the driveway, and I proceeded to throw a lot of it into the driveway.
The front of the garage is behind where the van was located at the time. If indeed he was throwing 'stuff' in the driveway then it would not be possible for him to see what happened from 80 feet away, and behind trees.

Q. Why did you do that, Mark?

A. To prevent him from leaving, because he --

Q. Why did you want to prevent him from leaving, Mark?

A. Because I knew if he left with her, he'd kill her.

Q. Do you believe he wouldn't kill her if you kept him there?

A. Right.

Q. Mark, what happened then?

A. I ran back down to the back of the van, and he was still trying to get her into the van, and she had kind of got her feet under the edge of the van. I reckon he figured out he couldn't get her in, so he tilted her head back and shot her.
This did not happen. Pattie was not shot at close range as stated in Autopsy Report.

Q. Tell the jury what you saw, Mark.


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A. I saw him grab her -- holding her by her hair, tilted her head back, put the gun in her face, and pulled the trigger.

Q. Mark, did you ever see him -- her get shot while she was in the van?

A. No, sir.
See Mark's earlier statements where he states he did not see what happened, but now saw everything?

Q. Did you see him lift her out of the van and lay her on the ground?

A. I wouldn't say lift her out, but she was struggling to get onto the ground.

Q. But after he shot her, did you see him lift her up?

A. He moved her legs.

Q. Come here, Mark, if you would, please. (Whereupon the witness steps down from the witness stand.)

Q. Mark, show me the position your mother was in before she was shot.

A. Bbefore she was shot?

Q. Uh-huh (affirmative).

A. I'd say she had -- her legs were straight at the time, and she was trying to get up -- had her leg -- I'd say, her hand hanging on to his pants trying to get up.

Q. All right. And Mark, where was his hands? Take my hands and put my hands where he had his on her?

A. He had his left hand wrapped up in her hair like


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this.

Q. Uh-huh (affirmative).

A. And she was trying to get up. And he had the gun to her head.
See Autopsy Report, shot was NOT at close range and entered in the wrong angle for this to have ever happened.

Q. All right, Mark, where he shot her, what did her body do? What did her body do then?

A. It just went limp, and she fell over.

Q. Which way did she fall over, Mark?

A. She fell over forward.
Mr. Fugate contends that he lay Pattie down on the ground lying flat, she was not sitting up when he left the scene. There was no blood and the reason he did not know where she had been shot. At the Hearing the prosecutor stated Mark did, indeed, sit Pattie upright. Pattie fell over forward after Mark sit her up.

Q. All right. (Whereupon, the witness returns to the witness stand.)

Q. Mark, what did you do then? What did he do, Mark, after he shot her?

A. he moved her leg a little bit because it was under the tire, go tin the van and he left.

Q. He moved her leg so he could run -- move the car without running over the leg, is that right?

A. Yes, sir.

Q. All right. Go ahead, Mark?

A. He jumped in the van and crunk up, backed up and spun out of the driveway.
Why back up in the first place since this driveway happens to be a circular drive?

Q. Where was the gun?

A. That he had?

Q. Uh-huh (affirmative).


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A. In the van with him.

Q. Did -- did -- did he say anything to you?

A. I thought he said something when he was driving off when he looked back like, "I'll be back," or something like that.
If Wallace looked back at Mark, that would put Mark in back of the van again, not in the front of it? Wallace says he did not see Mark when he left.

Q. What did you then do, Mark?

A. I screamed for a while and then I checked her pulse to see if there was any.
See Phone Bill and earlier Statements. There was not enough time to do everything Mark states he did. Only 5 minutes had passed from when Pattie was talking on the phone to her sister, Vickie, to when Mark makes the first call to the Sheriff's Dept. but called Mr. Raintree by mistake. And only 2 minutes had passed since Mark had talked to his aunt on the phone.

Q. Where did you feel her pulse, Mark?

A. I checked her wrist and I checked her neck.

Q. And what did you find, Mark?

A. No pulse.

Q. What did you then do, Mark?

A. Went inside to call the police.

Apparently this was not what Mr. Briley wanted Mark to say first as he is leading him to say he was going to kill himself.
Q. Is that what you went inside for the first time, Mark?

A. The first time I went in there to find a bullet for my gun.

Q. What did you want bullets for your gun for then, Mark?

A. To kill myself.

Q. Why did you want to kill yourself, Mark?

A. I didn't want to live.

Q. Why didn't you want to live, Mark?

A. Because I didn't want to be without her.
At least it sounded good in court. But if Mark had really wanted to shoot himself, a box of bullets are shown in plain sight, in his bedroom. And yet another box is shown under the telephone in the living room. Of course these photos were not shown at the trial and Wallace's attorneys never said anything to Mark about any of his numerous and 'false' remarks.
See photos of inside residence



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Q. What did you decide -- why didn't you do that, Mark?

A. Because I knew they'd need a witness to put him away.

Q. You knew they'd need a witness to put him away. Did you think you could be with your mother if you killed yourself?
Briley is leading the witness again.

A. Yes.

Q. What did you then do, Mark?

A. I then dialed, I thought, the police --

A. First I used the one in the back room to call the police, and I got a wrong number, some guy. He gave me the police, and I dialed them. And I got on the portable phone to go back outside.
The phone number was supposed to have been programmed in this telephone as Mark stated at another time as his mother used that telephone since the Sheriff's Dept. was programmed in and she was calling them. But phone bill shows Pattie called her sister and must have just told Mark she was going to call the Sheriff's Dept.

Q. What did you do when you got back outside, Mark?
Where and what is Mark's friend, Billy Coker, the first person on the scene, doing all this time?

A. Just sat there until the police arrived?
If Mark was sitting beside his mother, then what young man was seen coming out of the front door with a portable phone in his hand by the EMT's?

A. Yes, sir.

MR. BRILEY: He's with you.

THE COURT: Cross-examine?

A. (Whereupon, the following bench conference is held between Court and counsel. MR. BELLURY: I'd just as soon we take a recess because I've got to go to the bathroom.


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THE COURT: Do you want to? How long do you think your cross will take?

MR. BELLURY: I would guess proably -- it could be -- it's lengthy enough that we need to take a recess first, or it could be anyway, potentially.

MR. BRILEY: I'm -- I'm with the Court.

THE COURT: All right. (Whereupon, the bench conference is concluded.)

THE COURT: Ladies and gentlemen, at this time we'll take a short break. I again instruct you not to ____ the case ___ anyone to discuss it with you or in your presence. Again you will be under the control of the bailiff.

We are going to try to speed things up, and I'll ask the bailiff to take the gentlemen -- or take the ladies, rather, downstairs and the gentlemen upstairs, and maybe we can do it a little quicker. As quickly as all these jurors are back in the jury room, notify me of that, and we will resume. We'll attempt to hold this break to 15 minutes. Whereupon, a short break is taken.)


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THE COURT: Let the record reflect that all members of the jury are present in the courtroom. Defendant and counsel are present.

Mr. Bellury, cross-examine?


CROSS-EXAMINATION BY BELLURY:

Q. Mark, on this particular day, you've already testified, of course, about a gun being in the possession of Mr. Fugate Fugate; talked about a gun, this gun, that was in your possession on that day -- art of that day. Was there also not a gun in the van driven by your mother?

A. Yes, sir.

Q. Do you know what kind of gun that was?

A. A .22.

Q. A .22 --

A: Pistol.

Q. -- pistol? Do you know where it was located when y'all arrived?

A. Between the seats.

Q. Between the seats. Can you be a little bit more specific than that?
See Van Exhibit Photos and L.C. Stanford's Report.

A. Well, she always stuck her pocketbook down, and she kept the gun in the console, like, when she wasn't carrying it, and she stuck it in her pocketbook.
Pattie had no gun permit. This gun belonged to Wendell Combs.


Page 484

Q. In this particular case was it between the console and seat, is that --

A. Yes.

Q. -- what you're saying? Was that gun loaded?

A. Yes, sir.

Q. What -- what did you use this rifle for?
Was Mark's or another .22 rifle found in the van between the console and seat?

A. Most of the time squirrel hunting.

Q. Did you do any of that on the premises, or did you go elsewhere to do it?

A. On the premises. They used to like to run across the house.

Q. In other words, mostly to get rid of pests, is what you're speaking of?

A. Uh-huh (affirmative).

Q. When was the last time you fired it?

A. About two days before.

Q. Where did you keep your bullets?

A. Beside my bed.

Q. And were there -- is that where they were when you left that morning?

A. Yes, sir.

Q. Were there any anywhere else in the house, to your knowledge?

A. Not to my knowledge, except for a few I had used two day before that I had laying by the sliding glass door in the


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living room.
See Report of May 7/91 at 9:25 am., and Mark's earlier statements.

Q. Now, and you're saying that you -- that y'all had intended only -- only that day decided to go to South Carolina, is that -- is that correct?

A. Yes, sir.

Q. Had you not had some discussion the day before -- or did you see your father the day before?

A. No, sir.

Q. Did you see him any time in the week previous to that Saturday?

A. No, sir.

Q. You did not. Do you remember the last time you did see him previous to that day?

A. At least a month and a half before.

Q. A month and a half?

A. Maybe longer.

Q. Do you recall seeing him at Thomas Electronic Shop at any time?
See statement from Joe, owner of Thomas's Audio Video Shop.
A. No sir.
See Mark's Statement dated 06/26/91 at 1:15 pm. and also Conservaton.

Q. Now, you've already testified -- you have -- when you first -- right after you first saw your father downstairs in the basement, you were holding this rifle and you pulled the trigger with the intention of shooting him, is that


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correct?

A. Yes, sir.

Q. Intent to kill him is that correct?

A. Yes, sir.

Q. The only thing that really prevented that is that you just didn't have any bullets in the gun?

A. Yes, sir.

Q. Okay. Now I hate to ask you -- have to ask you to go over this, but I have to ask certain questions. I apologize for having to do it, but I must do it. Let me take you back to the time when they were at the van. Did I understand your testimony to be that no time was your mother over inside the van?

A. She was never inside it like si-- ___. He ___ ___ pushed into it with her arms and legs hanging out trying to hold herself from getting in.

Q. Well, so if you can then, please -- I'm not sure that I quite get a picture yet. How much of her at most ever got inside the van, at what point would you say?

A. I'd say maybe 40 percent.

Q. Well, I mean, put it in a way that --

A. I'd say her -- she never -- like you cut her in half, she might've got her waist from her legs down in. In other words, using with her knees and legs sticking out and her arms hanging on to the ___ with her ___ ___ ___


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in.

Q. All right. So at some point then, her upper body was inside the van?

A. Yes, sir.

Q. Her torso, shall we say?

A. Uh-huh (affirmative).

Q. Okay. But never past -- as far as you can tell, past the driver's side seat?

A. Yes, sir.

Q. Now, at that time -- at the time the shot was fired, the fatal shot, were you able to see what was -- did you witness that --

A. Yes, sir.
See Mark's Statement, peeked around van after hear shot.

Q. -- or where you on the other side of the van?

A. I was on the same side that Buck was about six feet away from him.

Q. So your testimony is that you actually saw it?

A. I did not see the bullet hit her face, because I blinked my eyes at that moment when he pulled the trigger, but I watched him let go of her hair and drop her, and I watched him tilt her back when he shot her.

Q. It is your testimony then that he had her hair in his hand -- one hand --

A. Yes, sir.

Q. -- at the time that he shot her? He was holding it?


Page 489

A. Yes, sir.

Q. And the pistol, of course, in the other hand?

A. Yes, sir.

Q. How far away or could you tell how far away was the gun from her head?

A. Approximately a foot.
See page 479, line 3., Mark's earlier Interview where he stated Mr. Fugate had a gun to Pattie's head. See Autopsy Report stating shot was from a distance, not from close up. Even though this was another obvious tale told by Mark, Wallace's lawyers did not pursue the issue.

Q. I didn't --

A. Approximately a foot.

Q. Would you hold up your hands and show us what you mean by a foot?

A. I'd say about that far (indicating).

Q. And that was definitely outside the van?

A. Yes, sir.

Q. Now, after Mr. Fugate had left, you went to your mother, you've already testified, didn't you?

A. Yes, sir.

Q. Did you -- did you touch her in any fashion?

A. Yes, sir, I did.

Q. What -- what -- describe what you did.

A. I took two fingers and checked her pulse on her wrist, then I took two fingers andput it on her throat.

Q. Did you at any time hold her in your arms at that time?

A. No, sir.

Q. Did you move her in any fashion?


Page 489

A. No, sir, except maybe when I wiggled her arm.
In the Hearing Prosecutor Briley stated Mark did, indeed, sit Pattie up before anyone arrived at the scene. This would accout for the blood on her face as Wallace says he could not tell where Pattie was shot but was not able to find any vital signs. Her bangs were covering the bullet hole, located on her forehead.

Q. Well, were you there when Deputy Harper arrived? Do you know Deputy Harper?

A. No, sir, not personally.

Q. All right -- well, I mean, do you recall the first person to arrive on the scene?
First person to arrive was Mark's friend Billy Ray Coker. This fact was never brought up at anytime?

A. Yes, sir, I do.

Q. Was that a deputy?

A. It was a police car. I don't know if he was a deputy.

Q. Somebody in uniform?

A. Yes.

Q. Okay. When that person arrived, was that -- was your mother's body in the same position as it was --

A. Yes, sir.

Q. -- immediately after Mr. Fugate left?

A. Yes, sir, it was.

Q. It had not been moved in any respect?

A. Except for I moved her wrist.

Q. Other than that?

A. Yes, sir.

Q. As to the first shot -- you said you also saw that take place inside the house, inside the living room, the one that went through the floor?

A. The floor.


Page 490

Q. That -- you said he was trying to scare her when he fired that shot?

A. Yes, sir.
Mark's earlier stated Mr. Fugate pointed the gun at him and it went off? See Living Room Exhibit photos.

Q. In other words, he was not pointing it at her, he was pointing it at some --

A. Right down beside her.
See Exhibit photos of inside of residence showing pencil, where bullet entered floor, at an angle and pointing away from stairs into the Living Room. See also page 476, lines 9-14.

Q. But not at her?

A. Right.

Q. How often -- was it a -- was it a common or uncommon thing for you and your mother to go to South Carolina?

A. I'd say whenever we'd saved up enough money to go visit him and see our horses, we went. I'd say maybe every two weeks.
Mrs. Nelson, Pattie's mother, stated she had signed a note for $10,000 for Pattie. Pattie worked full-time at Hallman's, Mark worked part-time there also. Pattie had a part-time job with The Eatonton Messenger. If this is true then why would they have been short of money and what was this note for?

Q. Approximately every two weeks? Did you generally take a Saturday and a Sunday or Friday, Saturday and Sunday, or what -- how did that work?

A. Most of the time Steve would come down and get the horses on a Friday, because most of the time my mom had to work on Saturdays, and we'd leave after work. And most -- and a lot of times, I'd go with Steve and she'd come up afterwards.
Now Mark remembers his mother's boyfriends name easily? Seems they spent a good deal of time together too.

Q. Okay. So quite frequently it would be just Friday evening and Saturday, is that what you're saying?

A. But we'd -- we'd spend the night there at the trail ride; ride the Saturday ride and the Sunday ride.
They went on frequent Saturday rides but stated earlier they had to work most of every Saturday?


Page 491

Q. So you'd get there -- I'm still trying to understand. I'm not trying to put words in your mouth. You're talking about getting there in the evening of Saturday, is that what I'm understanding?

A. She'd usually get there in the evening or Saturday unless she could get the day off, and then she'd go up Friday.

Q. Well, is there any way you can tell me how often it was that she would get the day off?

A. Just about whenever she asked.

Q. Well, but I mean, how often did she ask? What was the routine?

A. There wasn't really a routine. It's just whenever we had enough money when we didn't pay the bills - after w
e had paid the bills to go.
But Pattie's mother, Mrs. Margaret Nelson, had taken a loan out for Pattie for $10,000? Why did they have to not pay the bills in order to have enough money? See Statement.

Q. All right. Let me take you back again to May the 4th after the deputy arrived, other deputies arrive, --

A. Uh-huh (affirmative).

Q. -- is that correct. Emergency medical technicians arrived?

A. uh-huh (affirmative).

Q. At some point you left the house. Who did you leave with?

A. Talking about when I left after everything was over?

Q. Right.

A. I left with my granny and Uncle Butch.


Page 492

Q. And --

A. No, excuse me. I left with my Aunt Vicki and Uncle Butch.

Q. Okay.

A. Because we --

Q. And where did you go? From there, where did you go?

A. To Macon.

Q. Did you spend the night in Macon?

A. Yes, sir.

Q. Did you go anywhere other than -- anywhere other than their house when you got to Macon?
Vickie and Butch lives in Forsyth, not Macon? If Mark went home with them then who stayed at the house, used the telephone, and altered the crime scene?

A. No, sir.

Q. You didn't go to any parties or visit any friends here in Putnam County --

A. No, sir.

Q. -- or Baldwin County?

A. No, sir.

Q. Mark, there's been testimony that you go some keys from Deputy Ricky Mize?

A. Yes, sir.

Q. Do you recall doing that?

A. Uh-huh (affirmative).
Q. Did you get any keys that -- that belonged to anybody other than -- that went to anything other than your house? By that I mean, your mama's house and your house?


Page 493

A. No, sir.

Q. Well, you did get -- didn't you get some automobile keys?

A. Yeah, I got the automobile keys to the van.

Q. Okay.

A. Which were her property.

Q. Right, I understand. And you go the keys to the house?

A. Yes, sir.

Q. Did you get a key or keys to anybody else's residence?

A. I think one of my granny's keys was on a set of my mama's keys.

Q. Do you know a lady named Connie Roach?

A. Yes, sir, I do.

Q. Have you ever been to Connie Roach's house?

A. No, sir.

Q. You've never been there at all?

A. No, sir.

Q. Are you sure that you did not get keys that belonged to Connie Roach?
Mark asked Deputy Mize for Wallace's key ring and took the house, van and Mustang keys. Also missing were Connie's house keys. She came home about two weeks later and her house had been ramsacked.

A. Yes, sir.

Q. Positive?

A. Positive.

MR. BELLURY: Excuse me a moment.


Page 494

You Honor.

BY MR. BELLURY:

Q. Mark, I just have one -- one, maybe two questions, so I'll ask you from over here. When did the -- you and your mama start visiting Steve in South Carolina? Do you recall?

A. I can't remember the exact day, but I can tell you when she met him. It was at a trail ride when we had a flat tire, and helped us fix it.

Q. Before or after your mama and daddy got a divorce?

A. After the divorce.
Patties was seeing Steve long before the divorce same as Wallace was seeing Connie. See Steve Field's interview.

Q. After the divorce, so after October of 1990?

A. Yes, sir. Well, that's when the divorce went through, but they had quit seeing each other completely as if the divorce was through before then.
See Mark's earlier statement. Sheriff Reasseau also told Mr. Fugate's sister, Darnell, he had seen Pattie and Wallace together in a restaurant he was dining in, just about a month before.

A. Are you saying that they did not quit seeing one another after the divorce? They kept seeing one another for a period of time?

A. Who?

Q. Your father and your mother?

A. No, they did not see each other after the divorce.
Pattie, Wallace, Mark and his friend, Wendel went to White Water together in __________. Can be testified by Wendel, Rhonda, Connie and Linda.

Q. I think you've already testified you're not sure when the divorce took place, the actual decree of divorce? You're not real sure of that, are you?

A. I know -- when -- the day the papers came through


Page 495

that said the divorce was over, she had not been seeing him before that and she never seen him after that.

MR. BELLURY: That's all.
THE COURT: Redirect?
MR. BRILEY: Yes, just a moment.


REDIRECT EXAMINATION BY MR. BRILEY:

Q. Mark, I show you what's been marked as State's Exhibit Number 17, and I ask you if you can identify that?

A. That's the window downstairs in the basement.

Q. All right. When you left -- when you and Pattie left for work on the morning of May the 4th, 1991, was that window broken like that?

A. No, sir.

Q. When you returned, was it broken like that?

A. Yes, sir.
Wallace states he did not break any window and never had a pocket knife as the jury was lead to believe. No fingerprints were found anywhere on or around the window area. Wallace had drilled holes and had security pins on each side of this window so entering here was not possible without breaking out enough glass to get the security pins out. No knife was found on Wallace and he was not noted for ever carrying one. Someone else broke this window and looks more like it is broken by a BB shot.

Q. Is that a true and accurate representation of that window there?

A. Yes, sir.

MR. BRILEY: All right. I tender into evidence State's Exhibit Number 17.

THE COURT: Mr. Bellury?

MR. BELLURY: No objection, Your Honor.

THE COURT: 17 is in evidence without


Page 496

objection.

MR. BRILEY: May I have just a moment, Your Honor?

BY MR. BRILEY:

Q. Mark, did you see the weapon that the Defendant had in his hands on that day?

A. Yes, sir.

Q. Had you ever seen that gun before?

A. Yes, sir.

Q. All right, sir. I show you State's Exhibit Number 18, and I ask you if you've seen anything similar to that?

A. I've seen something similar to it, yes.

Q. And where did you see that?
Mark was shown the gun at interview he had with Whidby and Mize.

A. In the Defendant's hand.

Q. In the Defendant's hand. Is that similar to that that you saw in his hand when he shot your mother?

A. Yes, sir.

Q. All right, sir. Have you ever had this gun in your hand?

A. No, sir.

Q. Alll right, sir. Do you know when the Defendant got this gun?

A. I know that he bought it at a pawn shop, but I don't know when.
(See Interview. Knew nothing of the gun until Whidby and Mize told him.


Page 497

Q. You don't know when. You don't know how long he'd had it?

A. No, sir.

Q. The object that you said the Defendant was beating your mother with, does this have any similarity to that?

A. Yes, sir.

Q. Can you show how he was holding it?

A. At which time?

Q. When he was beating her in the head?

A. Some of the time he'd be holding it with his finger behind the trigger hitting her with the back of the gun, and other times he'd be holding it like this, beating her with the gun.

Q. Well, he was careful when he was beating her with the gun not to hold his finger on the trigger, is that what you're saying?

A. Yes, sir.

MR. BRILEY: Thank you.

THE COURT: Any other questions, MR.Briley?

MR. BRILEY: No, sir.

THE COURT: Recross?


RECROSS-EXAMINATION BY MR. BRILEY


Page 498

Q. How many times do you recall him striking your mother with the gun in the fashion you just --

A. Over 50

Q. Over 50 times?

A. Yes, sir.

Q. Were they right severe blows?

A. Yes, sir.

Q. Were they -- what part of her body, primarily, was he -- what prt of her body was he primarily --

A. The head and chest area.
Just making up these stories as no marks or bruises were noted anywhere on Pattie's chest. See Autopsy Report.

Q. Head and chest. Okay, and was -- when he was striking her about the head with the pistol, was that both ways that you've described?

A. Yes, sir. In the house he was hitting her with the butt of the gun, and outside he was hitting her with the back of the barrel.

Q. And these were very severe blows?

A. Yes, sir.

MR. BELLURY: That's all.

THE COURT: Redirect:

MR. BRILEY: None, Your Honor.

THE COURT: Mr. Fugate, you will remain sequestered as a witness. You need to return to the room where you were before you testified.

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