On Tuesday, May 7, 1991, at about 9:25 a.m., SA MITCHELL arrived at 119 Blue Branch Road in Putnam County and met with Putnam County INVESTIGATOR RICKY MIZE concerning the murder of PATTIE DIANE FUGATE on Saturday, May 4, 1991. INVESTIGATOR MIZE explained that PATTIE FUGATE had been assaulted in the residence by her estranged husband, WALLACE FUGATE, III. Their son, MARK FUGATE, had witnessed the incident. AGENT MITCHELL was requested to photograph and obtain any evidence pertaining to this investigation.
AGENT MITCHELL photographed the exterior and interior of the residence including the outlying area. He photographed the most probably route followed by WALLACE FUGATE to reach the basement window where a forcible entry had occurred. He then photographed a red Ford Mustang in a garage because MARK FUGATE advised the investigators that his father, WALLACE FUGATE, had left his (WALLACEíS) keys in the ignition. WALLACE FUGATE also removed an old battery, installed a new battery, and worked on the exhaust system of the vehicle. AGENT MITCHELL also photographed two press-on fingernails in the vicinity of the area where the body had been found west of the residence.
[Mize stated he had given Wallace's key ring to Mark and let him take off what keys he wanted. Therefore, Wallace was not able to produce the keys to the residence, van, nor Mustang.
If Wallace had left his keys in the ignition of the Mustang then how could Mark have heard them when he went downstairs to the basement?]
The residence faced east [living room windows faced east]. The body had been found on the gravel driveway west of the residence between the residence and a garage. AGENT MITCHELL and INVESTIGATOR MIZE sketched the
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location of the press-on nails. AGENT MITCHELL recovered the two fingernails.
AGENT MITCHELL sketched the basement game room and closet [there is not a closet in this room, it was a sewing room and let into the laundry and furnace area of the house]. The closet [sewing room] ceiling was where a bullet was imbedded in the ceiling after having been fired in the den [living room] upstairs and traveled through the floor. The bullet was imbedded in the ceiling near the east wall of the closet [sewing room]. MARK FUGATE cut the carpet on the floor of the den [living room] in order to find the bullet hole leading to the ceiling of the closet in the basement. After locating the hole, INVESTIGATOR MIZE stuck a pencil in it and AGENT MITCHELL photographed and sketched it. AGENT MITCHELL observed a third press-on fingernail on the floor of the den beside a chair leg. He photographed and sketched it.
[Photographs Mize testified he took on the 4th, shows NO FINGERNAIL on the floor of the living room.]
MARK FUGATE told the investigators that he had discovered the speaker wire disconnected from the base speaker of his stereo unit in his upstairs bedroom. He also found the ammunition rod [plunger] for a Glenfield, semiautomatic .22 caliber rifle, model 75, serial #71571032, under the bed in his bedroom. A wooden box under a shelf in his room had contained ammunition, but the ammunition was missing
[Mitchell testified he found the plunger for the rifle on May 7 - making the 3rd time it was 'found'!
The 1st time was when Mize testified he had taken this rifle, with plunger intact, as shown in enlarged photos, to the Sheriffís Department on May 4, 1991.
The 2nd time was when Mark stated he also found the plunger sticking out from under his bed.
Mark testified Wallace had changed the channels on his radio and was listening to it. . . but not possible to do this if the speaker wire was disconnected. Wallace wore hearing aids in both ears and would have had to turned the volume up full blast to have been able to hear a radio from Mark's bedroom. If he had wanted to listen to a radio he would have turned on the one sitting on the floor in the living room that is clearly seen in one of the photos.
A half full box of ammunition is clearly seen on the wooden toy box in Markís room. Another box of shells is located under the telephone in the living room. See photos of inside residence.
No fingerprints found of Wallace's on any of the above mentioned items.]
AGENT MITCHELL dusted the window of the basement where the pane was broken at the lock mechanism. No latent fingerprints were developed. INVESTIGATOR MIZE photographed a tool mark on the bottom exterior of the same window.
[Wallace had no tool, nor pocketknife on him when arrested. NO FINGERPRINTS of Wallaceís was found on this window as this was not the way he gained entrance into the residence. Years before Wallace had drilled holes in this window frame and had placed safety pins on each side of the window frame. One of the window panes would have had to been broken out and those pins removed before it would have been possible for this window to have been raised.]
The following items were seized as evidence: One press-on
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fingernail from the gravel where the body had been found identified as Item A on the sketch, a second press-on fingernail from the gravel where the body was found where was identified as Item B, one lead bullet from the ceiling of the basement closet, and a third press-on fingernail from the carpet of the den identified as Item E in the sketch. Receipt for Property #K-132666.
The sketches are attached.
Special Agent D. T. Mitchell: 5/8/91
On Tuesday, May 7, 1991, at about 1:50 p.m., SA MITCHELL began an examination of a Ford Aerostar, black with gray trim, which was located at the Putnam County Sheriffís Office impound lot in Eatonton, Georgia. At the time of examination, it had crime scene tape draped around it. The DRIVERíS DOOR WAS THE ONLY ONE WHICH WAS LOCKED. The vehicle bore a 1991 Georgia license plate: LMS871 on the rear bumper, VIN: 1FMDA11U9KZB44243. On the front bumper it bore South Carolina 1990 license plate: UKH619. The windshield was cracked at the upper portion toward the driverís door and a slight crack was evident above the driverís side windshield wiper. The driverís side front parking light lens was also broken. No other body damage was apparent. AGENT MITCHELL photographed the exterior of the vehicle.
Mark stated he had thrown a brick and hit the back of the van as Wallace drove off in it. This was the reason the Baldwin County Sheriff's department had a bolo lookout on the van.
He then observed and photographed blood splatters [7 drops of blood found, not counting what was on the napkin] on the following: The interior side of the driverís door, driverís side rocker panel, a metal plate cover over the driverís seat adjustment, the interior panel adjacent to the driverís seat, the driverís seat head rest, the top of the console, the driverís side of the console, the lower portion of the console where cassette tapes and coins were held, a WHITE NAPKIN ON THE DRIVERíS FLOORBOARD, [Photo shows napkin was NOT on the floorboard but in the middle floorboard, in front of the console and was where Wallace stated Pattie's head fell back after she was shot], a denim pocketbook on the floor to the rear of the console, a rolled up fibrous mat on the floor BEHIND the driverís seat, on the passengerís side of the console, on top of the left armrest of the passengerís seat, on a plastic drinking glass between the console and driverís seat, on a Handi-houses.
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drink can cover on the driverís floorboard, and on the steering wheel. He collected scrapings of blood spatters from the interior side of the driverís door below the mirror adjustment, scrapings of blood from the top left of the driverís head rest, and the white napkin containing blood spatter from the driverís floorboard. Receipt for Property #K-132667.
[Mark testified Pattie was shot outside of the van but if this were so then how could this blood have been inside the van?
There was NO MENTION of the napkin nor of Wallaceís shirt that is plainly seen in the first photo taken inside the van. That photo was never brought up during the trial and the jury was shown only the photos that were taken after the crime scene was altered. (see photos taken inside van) Crime scene photos were altered.]
Special Agent D. T. Mitchell: 5/8/91
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