RICKY MIZE STATEMENTS
State of Georgia
AFFIDAVIT OF RICKY MIZE
Petitioner's Exhibit #37
RICKY MIZE, under oath, affirms:
1. My address is 111 Ridley Drive, Eatonton, Georgia. My phone is 706-485-3664.
2. I am the Sheriff of Putnam County.
3. In 1991, I was a deputy with the Putnam County Sheriff’s Department. In the course of my duties I questioned Wallace Fugate after Patty Fugate was killed. A Special Agent with the Georgia Bureau of Investigation also was present [Mansfield].
4. DURING THE QUESTIONING I USED A MICRO CASSETTE TAPE RECORDER and believed I had recorded the session with Mr. Fugate. However, a day or so after I questioned Mr. Fugate, I attempted to listen to the recording and discovered that I had not properly operated the machine. The entire session was not recorded. Also, there were long periods of silence on the tape. (T. page 459, 627-628, 651-652)
5. I told the District Attorney [Briley] what had happened. I met with him some time before the Grand Jury met. The District Attorney listened to the tape. He told me we could not use it. THE DISTRICT ATTORNEY [Joe Briley] TOLD ME I COULD REUSE THE TAPE OR THROW IT AWAY.
6. I DO NOT RECALL IF I REUSED THE TAPE OR DISCARDED IT. I do know that it was not preserved and that I did whatever I did with it shortly after my meeting with the District Attorney. I am sure this was before the Grand Jury considered Mr. Fugate’s case.
7. Under the pains and penalties of perjury, further your affiant sayeth not.
DATED: December 29, 1995, Eatonton, Georgia.
Affirmed and subscribed to before me this 29th day of December, 1995.
MAY 6, 1991 - Ricky Mize's Reported To Agent Whidby - 06-0421-01-91
On Monday, May 6, 1991, at approximately 10:00 a.m., SAS J. C. WHIDBY was requested by Putnam County Sheriff's Department to assist with a death investigation regarding the death of PATTIE FUGATE.
Upon receiving this request AGENT WHIDBY talked with Putnam County INVESTIGATOR RICKY MIZE who related the following information.
On Saturday, May 4, 1991, PATTIE FUGATE and her son MARK arrived at her residence located at 119 Blue Branch Drive, Eatonton, Georgia. Upon arrival at their residence, MS FUGATE and MARK noticed the Mustang had been backed out from under the carport and a battery charger was hooked up to the battery. Upon observing this, they realized that PATTIE'S ex-husband, WALLACE had been at the residence. When they entered the residence, neither one realized WALLACE FUGATE was inside. PATTIE went to the telephone and called her sister
Photos of Mustang shows it had been moved back inside garage before any crime scene photos were taken. House had also been cleaned and other alterations made before most crime scene photos were taken.
No battery charger in seen in the photos and why would a new battery need to be charged?
Pattie used the telephone in the bedroom, not the one located in the living room to call her siste, Vickie McCarty. Mark testifed that Pattie went to call the Sheriff's Department and didn't as the line was busy. Telephone Bill proves that not to be true.
PATTIE had told MARK to go down to the basement and put the clothes from the washing machine into the dryer and start it up. When MARK went downstairs to the basement, he heard what sounded like some keys rattling and immediately ran back upstairs to his room and grabbed his .22 rifle and proceeded back down to the basement. When he went back to the basement area, MARK observed his father, WALLACE, standing in the basement door with a pistol in his hand and the pistol was in a cocked position.
MARK then raised the .22 rifle up and pointed it at his father and pulled the trigger. The gun snapped and did not fire. WALLACE FUGATE then laughed and pushed MARK to the side and ran upstairs and started beating on PATTIE.
Beating never happened, see Autopsy Report.
A .22 rifle will not snap.
Mark was standing at a light switch located 12 feet away from stairs so not possible for Wallace to have pushed him to the side. See Mark's 5 Statements, Mark's Testimony.
See Game Room photos taken Inside Residence and Floor Plan.
MARK hit WALLACE with the gun but it did not seem to affect him and WALLACE struck PATTIE in the head with the gun knocking her out momentarily. Once PATTIE regained consciousness which was just only a couple of second, the fight between the two continued. When WALLACE knocked PATTIE to the floor he took his foot and placed it on her throat and MARK started toward him to push him away from his mother. As MARK was approaching WALLACE, he pointed the gun in MARK'S face and told him to back off. MARK did so.
Mark did not hit Wallace with his rifle or he would have had bruising or had broken bones but none found by Dr. Jones when she examined Wallace. Only his small finger on his right hand was broken from the impack of hitting the van's door frame.
No bruises were found on Pattie's throat area according to the Autopsy Report. Wallace wore heavy hiking boots that day and those would have caused damage if he had held Pattie down with his boots.
Gun could not have been pointed at Mark's face when it discharged in the house. Location of bullet hole in floor is down and away from where anyone could have been standing. See the photos taken inside this residence and the Floor Plan.
WALLACE then grabbed PATTIE by the hair of the head and started dragging her outside to where the van was parked. As WALLACE was trying to get in the van, he was pulling PATTIE'S head up against the van and repeatedly striking her about the head.
Why didn't the Autopsy Report show Pattie with multiple bruises if this had happened.
There were no dents or blood found anywhere on the outside of the van and 7 drops and 1 smear of blood matching Pattie’s blood type, were found inside the van.
No blood at all was found inside the residence.
Patti was able to get loose from him only momentarily and when she broke and ran he grabbed her by the hair of the head again and she fell to the ground. Just a few moments later, a shot fired and MARK peeped around the corner of the van and saw WALLACE holding his mother PATTIE by the hair of the head and then observed WALLACE turn her hair loose and PATTIE fell over.
Mark testified he saw Wallace hold Pattie's head back and then shoot her but he was also up behind the garage throwing 'stuff' in the driveway (over 8 feet away) to keep him from leaving.
Wallace stated he had laid Pattie on the ground and Mark sat Pattie upright and she fell over. Mark testified he did not move Pattie's body. But before the trial and again at the HEARING on January 30, 1992, Prosecutor Briley stated: “And he moved her, he picked her up and held her body and checked her for signs, vital signs. And I do think the jury is entitled to know, and this will be a critical matter, is what position her body was in – what position she was in as she was shot, what position she was in immediately following the shot and we will have to rely on him for this.” [Certificate Number B-852 - Ocmulgee Judicial Circuit, page 8, line 16-22]. Even thought this was crucial to Wallace’s defense, Mark was not crossed examined on this account?
Mark's moving Pattie's body would account for the blood shown in photos. Sitting anyone up after blood had collected in their throat and lungs would force that blood up and out.
WALLACE then jumped into the van shaking the pistol at MARK and saying something. WALLACE drove from the area and MARK called the police.
WALLACE FUGATE was later arrested in Baldwin County by the Baldwin County authorities based on the lookout which had been placed by Putnam County. Also, there were two guns recovered from the van which is currently in the custody of the Putnam County Sheriff's Department.
Wallace's sister, Darnell Fugate, was on the phone talking to Sheriff Reasseau when Wallace phoned in asking if Pat was alright. Darnell was also on the phont with the sheriff when the call came in from the Baldwin County authorities telling him Wallace had driven himself to the Baldwin County Sheriff's Office and turned himself in.
Upon completion of this interview with INVESTIGATOR MIZE and obtaining the above information, INVESTIGATOR MIZE provided AGENT WHIDBY with a complete copy of the incident report and all statements which were obtained by the Putnam County Sheriff's Department regarding this investigation. (See attached document.)
ID Data: Ricky Mize
Putnam County Sheriff's Department
Special Agent J. C. Whidby: 5/6/91
On Sunday, May 5, 1991, at approximately 9:27 am, SA MARC MANSFIELD and INVESTIGATOR RICKY MIZE of the Putnam County Sheriff's Department interviewed MR. FUGATE III at the Putnam County Sheriff's Department in reference to the present investigation. Prior to the interview SA MANSFIELD advised FUGATE of his Miranda Warning from a GBI Waiver Certificate. FUGATE stated that he understood is rights and signed the attached certificate. FUGATE essentially stated the following.
A part of this interview was supposedly taped (Mize states below) but never brought into evidence, nor did Wallace or his lawyers know anything about a tape either. There is no tape, or the tape has never been proven to exist to this day, and this interview never took place. See Mize's Affidavit of December 29, 1995, shown below. [Petitioner's Exhibit #37]
It was an accident. We had been fighting. I was on PATTIE's property and I was not suppose to be there. I entered the house through he basement window. I took my knife and poked a hole in the window pane. I had just gone in the house to use the phone. I did not go there to steal anything or bother anything. I went on PATTIE'S property to fix my son's car. He told me he could not get it fixed. I had to take the starter off because it was not the battery that needed fixing, it was a starter that needed replacing. I then went back in the house. I was fixing to leave the house to come down to the Sheriff's Department when PATTIE and my son drove up to the house. I was inside the house and I could not get back out of the house. PATTIE and I started fighting. I had the gun on me. It was stuck in my pocket. When we got through fighting the fun fell out. I had the gun in my hand and the gun discharged in the house. PATTIE did not get hit. I had the gun in my left hand at this time and PATTIE grabbed for the gun. I had the gun out and pointed away from us. I was not pointing the gun at her. I do not even hunt and I damn sure was not going to kill anybody.
My son was in the house and he had a gun. I had the gun in my hand then when I saw my son. The first time I saw my boy he had his gun in his hand so I ran. My boy was pointing the gun right at me. I don't remember what my boy said to me when he was pointing the gun. My boy did not shoot at me. After I went upstairs and told PAT to take me down to the Sheriff's Department we started fighting. The gun was in my hand. You know she is dead and I think I need an attorney.
SA MANSFIELD noted at 9:35 am, the interview was terminated. SA MANSFIELD noted a GBI arrest record was completed on FUGATE. (See attached.) SA MANSFIELD noted a waiver of Constitutional Rights to a search warrant form was signed by MR. WALLACE FUGATE III regarding the van recovered. (See attached.) No other pertinent information was obtained at this time.
Also it should be noted that INVESTIGATOR RICKY MIZE recorded part of this interview utilizing a mini-cassette recorder. The cassette remained in INVESTIGATOR MIZE'S possession.
Wallace Fugate III
W/M, DOB: 11-26-49
668 Madison Road
Putnam County Sheriff's Department
Special Agent M. O. Mansfield: 05-06-91
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 (WALLACE FUGATE’S) 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 gave Wallace's keys to Mark so they could not be used in his defense proving he had keys to the car and the house.]
The residence faced east [living room 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
Page two, continued:
location of the press-on nails. AGENT MITCHELL recovered the two fingernails.
AGENT MITCHELL sketched the basement game room and closet [sewing room, not a closet in this room]. The closet 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. MARK FUGATE cut the carpet on the floor of the den 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 taken by Mize on the 4th, or so Mize testified, show 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, not Mark. Mize testified he had taken this rifle, with plunger intact, as shown in enlarged photos, to the Sheriff’s Department on May 4, 1991. Mark testified Wallace had changed the channels on his radio and was listening to it… how is that possible if the speaker was disconnected? A half full box of ammunition is clearly seen on the wooden toy box in Mark’s room. Also, another box of shells under the telephone in the living room. See photos of inside residence.]
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.
[No fingerprints of Wallace’s were found on this window as this was not the way he gained entrance into the residence.]
The following items were seized as evidence: One press-on
Page three, continued:
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 Wednesday, June 12, 1991, SAP J.C. WHIDBY and the Putnam County INVESTIGATOR RICKY MIZE met with Ocmulgee Judicial Circuit ASSISTANT DISTRICT ATTORNEY JIM CLINE in Greensboro, Georgia, for the purpose of discussing and reviewing this case.
Special Agent J.C. Whidby: 6/12/91
On Wednesday, June 24, 1991, SAP J.C. WHIDBY received from Putnam County INVESTIGATOR MIZE photocopy of a telephone bill belonging to PATTIE FUGATE which displays telephone calls made from her residence to various locations to include Taylor’s Wrecker Service on May 4, 1991. (See attached photocopy.)
Special Agent J.C. Whidby: 6/24/91
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