PETITIONER'S EXHIBIT #38

AFFIDAVIT OF CONNIE JO ROACH
State of Georgia
County of Baldwin


I, Connie Jo Roach, hereby depose, swear and state:

1. My name is Connie Jo Roach. I currently live at 365 County Line Church Rd., Milledgeville, Georgia. My telephone number if 912-932-0117.

2. I have two daughters live with me. They are Jamie, age 14, and Dina, age 11.

3. I know Wallace "Buck" Fugate. I first got to know him in the mid-1980s when I worked as a car salesperson. I sold several cars to him and his former wife, Pat. I became good friend with both of them.

4. I testified as a witness at Wallace Fugate's trial. I was called as a witness by the prosecution. I had spoken with Mr. Fugate's counsel, Mr. Bellury, before trial and I was available as a witness to either side during the trial.

5. Both Wallace and I had problems in our marriages. He and Pat eventually divorced in 1990. In the final years of my marriage, my ex-husband Roy abused me. Several times he put me in the hospital. On several occasions, Buck came to console me. After we had separated from our spouses, Wallace Fugate and I dated for some time until his arrest on the charge of murdering Pat.

6. The main thing that stands out in my memories of Wallace Fugate as how good he was to my two daughters. He visited our house often and lived with us for a period of time before his arrest. The four of us -- Wallace, Dina Jamie and me -- often did things together.

7. At the time before Wallace's arrest, my children and I lived at 125 Park Avenue, Milledgeville. On many evenings at our home, Wallace would visit and we wuld play cards together until it was time for Dina and Jamie to go to bed. He would help the girls with their homework. He would insist that they get it done before allowing them to watch TV.

8. Wallace also used to spend a lot of time playing with Dina and Jamie in the yard. We were always very active when we were together. Many times the four of us went either to Pat and Steve McBee's house or to Wallace's parents' home to visit and to play. We would play in the creek or pick strawberries together.

9. Wallace was a father to my children. They loved him very much, and they still love him now. My ex-husband, Roy Roach, never had a problem with my seeing Buck because Buck was so good to Jamie and Dina, much better than Roy was with the children. They only time I ever saw Wallace get angry or frustrated with the children was one time when he was helping my daughter Jamie with her homework. Jamie could not understand what Buck was trying to teach her and wasn't making a real effort to understand it. Wallace got frustrated and a little impatient, but he finally just walked away until he cooled off.

10. Wallace Fugate was a very hard and very skilled worker, and he was well known in the community for being this way. I worked with him for about a year. We did some repair and electrical work for neighbors on the street where I lived, as well as elsewhere. Wallace also made some improvements at my house.

11. Wallace was very interested i and cared a lot about his son, Mark. Their relationship appeared good and close to me, although it was later strained by the tensions between Wallace and Pat that came from the divorce. But Buck still cared about Mark and worried about Mark's behavior and how he was doing in school.

12. Wallace was staying with me in the two-week period leading up to his wife Pat's death. I was also working iwth him at the time. Beginning April 29, 1991 and for the rest of that week, Buck and I worked together on a house located on my street.

13. The week before Pat's death -- the week of April 22, 1991 -- Wallace noticed that his checkbook was missing from the trailer he had been renting in Eatonton. When we discovered this, we went to inquire at Farmers and Merchants Bank in Eatonton, which is where he kept the checking account. The bank personnel told us that the bank had just sent out the monthly statement with any enclosed canceled checks and that he would have to wait to get answers to his questions until he received the statement in the mail.

14. The weekend of April 27, Mark Fugate asked his father if he would come over and fix his car for him. Wallace said he would not go there as long as Pattie was there, but both Pat and Mark told him that they were going to South Carolina that weekend.

15. The week of April 29, 1991, Wallace's truck was repossessed. All of his tools that he used in his contracting work were in the truck. He had no idea why the truck was taken from him. His business was going well, and he told me he had been making his payments.
The reason was that Pattie or Mark had been taking his mail and he had received no bills as he stayed at Pattie's house so long on May 1, 1991 to read all his mail that he found there.

16. Beginning April 29, Wallace and I began checking the mailbox outside the trailer every day for the monthly bank statement. We wanted to see what the bank statement said. On May 1, Wallace, my two children and I checked the mailbox again. We did not find any mail, but we did find a note from Pat on a piece of yellow legal paper. The note said that Pat and Mark were going to be staying in a motel in South Carolina with Pat's boyfriend, Steve, over the weekend. The note also included the phone number at the motel. Wallace later called Pat in my presence to make sure she was not going to be home on Saturday. He also talked about the need to fix Mark's Mustang and expressed concern about a report he had received that Mark was skipping school.

17. On May 10, six days after the shooting, I ran into Wallace's son, Mark, in Milledgeville in the Hardee's parking lot in the shopping center. Before the tragedy, Mark and I had a pretty good relationship and Mark would tell me how he wished his parents had not separated. I walked over to the car and asked Mark if he wanted to talk. He said there was nothing to talk about. He then cried a little bit and I hugged him and asked him if he needed anything. Then he told me what happened. We talked for about 1/2 hour.

18. Mark said that when they came home, Pat told him to put the clothes in the dryer. When Mark went downstairs, he heard keys rattling and walked into the bedroom down there. He then saw his father. Mark said he ran upstairs to the third floor to get his gun and ran back downstairs and pointed it at his father and pulled the trigger, but it just clicked. His father went past him up the stairs and then walked through the living room.

19. According to Mark, his father walked from the living room into the bedroom where Pat was on the phone and they began arguing and fighting. At one point, the gun was fired while they were in the house. They went outside and Mark followed. He said he saw his father trying to make his mother get into the van. Mark said that all he knew to do was to go to the end of the driveway and start piling up wood and anything he could find to keep the van from leaving. He said that while he was doing that, heard a shot. He did not know what had happened. When he came back up the driveway, he saw that his father had laid Pat down and saw his father crying. He did not know at that point if his mother had been shot or beaten down. He said his father asked him to get help for his mother. He could not lift her back up, so he went into the house to get the cordless phone. He finally got through to the sheriff, who came shortly thereafter.

20. On Thursday, May 23, I was interviewed by Agent J. C. Whidby about what I knew about Mr. Fugate and the time around the tragedy. Attached to this affidavit is the statement that I gave him at the time. As I told Agent Whidby on that occasion, and as is reflected in the statement, Wallace told me that he was first going go to the sheriff's department in Putnam County. I also told Agent Whidby that I had observed Mark ask his father to fix his car and that Mark had told his father that he and his mother would be in South Carolina that weekend.

Under the pain and penalty of perjury, I hereby swear that the foregoing is true and correct ot the best of my knowledge and belief.

Connie Jo Roach
Subscribed and sworn to before me by Connie Jo Roach this 29th day of December, 1995. Sammie L. Sheiss--------
Notary Public, Fulton County, Georgia
My commission expires Dec. 6, 1999

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06-0421-01-91

On Thursday, May 23, 1991, at approximately 1:50 p.m., SAP J. C. WHIDBY interviewed CONNIE ROACH at her residence located at 125 Park Avenue, Milledgeville, Georgia. ROACH is the girlfriend of WALLACE FUGATE III. ROACH states essentially as follows.

Myself and WALLACE have been living together for approximately 3 or 4 months. We have been seeing each other for approximately 2 1/2 years. On Friday, May 3, 1991, me and WALLACE worked most of the day painting a ceiling for a lady who lived down the street and doing a little electrical work for her. On Friday night we both stayed at my residence on Park Avenue.

The next morning when WALLACE got up, which was Saturday, May 4, 1991, he told me he was going on up to PATTIE and MARK'S house to work on MARK'S car. He had asked me on Friday if I wanted to go with him and I told him no I had a lot of other things I could be doing. When WALLACE left our house headed towards Eatonton Saturday morning he was driving a 1957 Ford. He told me he was first going to go by the Sheriff's Department in Putnam County to see about a bad check warrant which he had received a letter about.

Later that evening sometime before dark I picked my kids up at one of my friends house. The kids told me WALLACE had driven by in the van and they had seen him but he did not stop. This information was given to me by my 9 year old JAMIE. After I picked my kids up I went over to a friends house of mine, Joan Hammock, and was staying with her. This was sometime around 9:30 or 10:00 p.m.

Later WALLACE came to HAMMOCK'S house and knocked on the door but I would not go to the door to talk with him. I was real ticked off because he was driving PATTIE'S van. HE left a note in the door which contained some money and the keys to the 1957 Ford. The note stated, "The car is in Eatonton at Taylor's where they moved the old house to." (NOTE: At this point ROACH showed SA WHIDBY the envelope which this note had been written on.) After WALLACE left from HAMMOCK'S house I did not see him or talk with him anymore before he was arrested.

After WALLACE was arrested I visited him both in Eatonton at the County Jail and at the hospital at Central State where he is currently at. WALLACE has told me when he left to go to the Sheriff's Office and to PATTIE'S house the car broke down with him on the road. He said he caught a ride to the grocery store at the corner of Twin Bridges Road and Highway 212 and attempted to use the telephone at this location but it was out of order. He then left and walked on down to PATTIE'S house. He did not say how he got into the house but said he used a telephone in the house to call LON TAYLOR and have a wrecker sent down to pick up the car which had broken down.

He told me he was working on MARK'S car and was about to leave and walked to the front door and observed PATTIE and MARK driving into the driveway in the direction of the house. PATTIE and MARK were supposed to have been in South Carolina and not been at home all that day. When he saw them coming into the driveway, he went back into the house and went into the basement.

When MARK and PATTIE came in MARK came down into the basement with a gun and was cursing at him and pointing the gun at him. HE said he went upstairs and PATTIE was on the phone and she started hollering at him and he took the phone and hung it up and PATTIE jumped on him and started fighting. He said he was just trying to get PATTIE to take him down to the Sheriff's Office when she jumped on him and started fighting with him.

Then they went outside and PATTIE sat down in the van on the drivers side and the door was still open. WALLACE said while he was standing between the door and the van, with PATTIE sitting on the seat, she kicked him in the chest and stomach area and the gun he had went off. He said PATTIE sat there and did not say anything and did not move. He did not realize he had shot her because she was just sitting there; she was not talking or moving. This is when he realized she was shot. He didn't know where she was shot because he didn't see any blood on her. After he realized she was shot, he was talking to her. He then took her out of the van and was holding her trying to talk to her. She didn't do anything. He said he still wasn't sure she was shot because he still didn't see any blood anywhere but she was not responding. He took her and laid her down on the ground. He told me he never did see where she was shot.

He advised he looked up and saw MARK throwing stuff, trash and various other items, behind the van as if he was trying to prevent him from leaving. He said when he was ready to leave he just drove around these items and left.

WALLACE said after he could not talk with me, he rode around and placed a phone call to the Sheriff's Office in Eatonton from a phone here in Milledgeville to check on PATTIE.

ROACH also advised the weekend before this incident occurred MARK had asked WALLACE if he would come over and fix his car for him. WALLACE told him he wouldn't go there as long as PATTIE was there because all they did was fight. MARK told WALLACE about him and PATTIE were going to be gone to South Carolina that weekend and it was okay for him to come over and work on the car.

ROACH was unable to provide any additional information at this time.

ID date
Connie Roach
W/F, Age 30, DOB: 01-08-61 - SSN: 230-08-1588 - 125 Park Avenue - Milledgeville, Georgia - No Telephone - Unemployed - Height: 5'6" - Weight: 110 - Hair: Brown
Special Agent J. C. Whidby: 05-23-91
bga: 05-24-91


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