Barbara Dalton

Case information

Barbara Elaine Dalton was convicted by a jury of felony murder and other offenses arising from the kidnapping and shooting death of Donna Sanders (hereafter “Sanders”), and the kidnapping of Sanders' ten-year-old son, Wesley Sanders (hereafter “Wesley”). She was sentenced to life in prison without parole.

Timeline

• July 15, 2004 — A Newton County jury found Barbara Elaine Dalton guilty of felony murder and other charges; the jury fixed a sentence of life without parole.
• July 12, 2004 — A trial commenced at the Newton County Judicial Center in downtown Covington.
• August 26, 2004 — Dalton was sentenced to life without parole for malice murder, plus additional consecutive terms for aggravated assault, cruelty to children, and weapons offenses.
• September 22, 2004 — A motion for new trial was filed.
• January 18, 2005 — The motion for new trial was amended.
• December 29, 2006 — The motion for new trial was denied.
• February 2, 2007 — A notice of appeal was filed pursuant to the grant of an out-of-time appeal.
• March 15, 2007 — The case was docketed in the appellate court.
• May 7, 2007 — The case was submitted for decision on briefs.
• July 13, 2007 — The appellate decision was issued.

The offence

Dalton was accused of murdering Donna Sanders on May 23, 2002, at 1334 Dixie Road in Mansfield. Dalton was also accused of kidnapping Sanders' ten-year-old son, Wesley Sanders.

A jury found the existence of two statutory aggravating circumstances and fixed a sentence of life without parole.

Background relationship and events leading to the shooting

Barbara Dalton had been in a 14-year romantic relationship with Mark Sullivan, which Sullivan terminated. Sullivan then began dating Sanders and moved into Sanders' home.

On May 23, 2002, Wesley arrived home from school to find Dalton waiting beside his driveway. Dalton told Wesley to wait at the back of the house for his mother to return home. Sanders arrived several minutes later, and shortly thereafter Dalton, Sanders, and Wesley left in Sanders' truck.

The group drove to a rural cemetery road where the vehicle stopped. Dalton ordered Sanders to continue driving further down the road, but Sanders refused. Dalton, Sanders, and Wesley exited the truck and stood at the back bumper. As Wesley was hugging his mother, Wesley observed a gun in Dalton's hand with her finger on or near the trigger; both Wesley and Sanders were terrified.

Sanders implored Dalton not to shoot her in the presence of her son. Sanders also told Dalton she had an appointment and asked to leave, but Dalton refused and would not allow Sanders to go.

Dalton drove to the home of Dalton's son, Brian Dean. Dean observed Dalton arrive in an unfamiliar truck parked at the rear of the house. Dalton, Sanders, and Wesley entered Dean's home and went to the living room where Dean had friends visiting. Dalton directed that Dean ask his friends to leave. Dalton introduced Sanders to Dean as “Mark has been living with for the last couple of months.”

Dean became alarmed, grabbed Dalton, and asked:

“What's going on? You haven't done anything crazy [or] stupid?”

Dalton responded:

“No, we're just here to talk.”

When Sanders told Dean that she was frightened, Dean attempted to reach for the keys to the truck which Dalton had placed on a coffee table. At that point Dalton produced a gun and shot Sanders in the head. Dalton fled from the house. Dean grabbed Wesley, who appeared to be in shock, and ran to a neighbor's house where the shooting was reported to the police.

Additional account from trial testimony

Wesley testified that on May 23, 2002, he saw Dalton standing by a group of trees by his mother's left driveway. Dalton asked Wesley:

“Can you run?”

Wesley and Dalton ran up the driveway and hid behind the house until Sanders arrived from work. The three went into the kitchen, and Wesley went into his room. Wesley testified that they drove in Sanders' F-150 down Tabernacle Cemetery Road in south Newton County, got out of the truck, and Wesley realized Dalton was carrying a gun. Wesley testified that he heard Sanders say:

“Don't shoot me in front of Wesley.”

They returned to the truck, with Dalton driving, and went to Brian Dean's son's house on Dixie Road in Mansfield. Dean had friends over when they arrived. Dalton asked the friends to leave and told Dean they needed to talk. Wesley and Dean testified that when Dean asked Sanders if she was scared, Sanders said she was scared. Wesley testified that Sanders' keys were lying on the coffee table, and when Dean reached for them Dalton pulled the gun and shot Sanders in the forehead. Dalton then ran to Sanders' truck and left.

Dean testified:

“she just shot her right in front of me.”

Statements by family member

After the murder, Wayne Dalton testified that he went to Dalton's house with his mother, but the house was locked and Dalton would not let them in. Wayne testified that his mother had a key, and they went in. Wayne testified that Dalton walked them to the back porch and that when Wayne asked her what was going on, Dalton said while swinging a gun:

“I've done something very bad, and it's too late to talk about it.”

Investigation

On the day following the shooting, investigators obtained a warrant to search Dalton's car, still parked a short distance from the driveway where Dalton first confronted Sanders and Wesley.

Among the items seized from the vehicle were a machete, two rifles, ammunition, hunting equipment, and an ankle holster.

Dalton filed a motion to suppress evidence from the search asserting, among other things, that the warrant was issued without probable cause. The trial court denied the motion, in part, based on sufficient probable cause to issue the warrant.

The investigating officer testified that he prepared an affidavit for a warrant to search a Lincoln Town Car registered to Dalton, parked 780 feet from Sanders' driveway. The affidavit included information that Sanders and Wesley had been abducted from their home in Jasper County and taken to a residence in Newton County where Dalton shot and killed Sanders. The warrant authorized a search of Dalton's vehicle for latent print evidence and evidence of the crime of kidnapping. The appellate court concluded the magistrate had a substantial basis for determining that probable cause existed for issuance of the warrant.

Trial

Charges

Dalton was charged in a multi-count indictment with malice murder, aggravated assault, cruelty to children, and possession of a firearm in the commission of a felony, arising from the kidnapping and shooting death of Donna Sanders and the kidnapping of Wesley Sanders.

The appellate record states that a grand jury indicted Dalton on July 11, 2003, charging her with:

• malice murder,
• felony murder (seven counts),
• aggravated assault (five counts),
• cruelty to children in the first degree,
• and possession of a firearm in the commission of a felony (three counts).

The appellate record further states that the State provided notice of its intention to seek the death penalty.

The trial commenced on July 12, 2004. Dalton was tried on the foregoing charges, except for four of the felony murder counts. She was found guilty as charged on July 15, 2004.

Evidence presented

The prosecution presented testimony from witnesses including Wesley Sanders, Brian Dean, Dennis Volkart, Ermie Jean Volkart, Mark Sullivan, Wayne Dalton, and investigators and other witnesses interviewed during the remainder of the day.

Wesley testified about seeing Dalton beside the driveway, being asked to run, the gun being present, and the subsequent shooting.

Brian Dean testified to confusion and to the shooting occurring when he reached for the keys.

Dennis Volkart testified he heard screams come from next door, allowed Wesley and Dean into his house, got his gun, locked the door, and told Wesley that no one was going to harm him. Dennis Volkart described Dean as confused and anxious, and Wesley as calm like he was in shock.

Ermie Jean Volkart testified that the screams were “animal howls.” She also testified that she was the first to talk to 911 before handing the phone to Dean.

Mark Sullivan testified that he and Dalton had been in a relationship for about 14 years and that he got out of it because he was no longer satisfied with the relationship. Sullivan testified that on the day of the murder he had made an appointment at a tanning bed in Covington for him and Sanders and that he became worried when Sanders did not show up. Sullivan testified he left the tanning bed headed for Sanders' home, but saw Sanders' truck being driven by Dalton. Sullivan testified he knew something was wrong, turned the truck around, and that they were already gone and out of sight. Sullivan called the police and drove to property he and Dalton had purchased on Hodges Circle.

Public Defender John Strauss presented witnesses including Lt. Gwen Hightower, who specialized in sexually abused children, children witnesses, and children interrogation. Lt. Hightower testified she interviewed Wesley after the homicide and described Wesley as being cooperative but emotionally numb. She testified Wesley avoided the incident at Dixie Road and was more open about what happened before the shooting.

Dalton testified that she occasionally passed by Sanders' house on her way to Jackson to eat at a particular restaurant with her mother and that on one occasion she slowed down while passing to show her mother where Mark was now staying. She testified her romantic relationship ended with Mark in May, 2001, and she said she had no more feelings for him.

Dalton testified about the incident at Mark's parents' house, stating she did not pull a gun on Mr. Sullivan and that there was a gun in her purse that she always carried for her personal protection. Dalton testified that the .38 caliber pistol she carried was taken from her boyfriend Joe Waters, who she said she was in a relationship with after Sullivan. She testified she did not inform Waters of her possession of the gun and that they were so close that Waters would not mind. She testified that she carried her gun on May 23 concealed in the waistband of her jeans instead of a purse. She testified she went to Sanders' house to discuss the property dispute, and that she parked her car a ways from the house because she was confused as to which house belonged to Sanders.

Dalton testified that when Wesley arrived, they went up to the house and waited for Sanders, that Sanders arrived, and that they all went inside. She testified the two ladies had a glass of water in the kitchen while Wesley went to the back of the house. She testified they got in the truck and rode down Tabernacle Cemetery Road so Dalton could drive because Sanders did not know where Dean lived.

Dalton testified she noticed unknown cars in the driveway and saw that he had friends over, that she got him to ask them to leave, and that she introduced him to Donna and Wesley Sanders. She testified she had no recollection of what happened after that.

Joe Waters testified that he had been involved in a romantic relationship with Dalton that ended maybe three months before the homicide. He testified that he had a silver .38 caliber pistol and a black ankle holster that were misplaced and that he had no clue where they went. Waters testified that the gun and holster were in Dalton's possession at the time of the arrest, and that it would have not been all right for her to have the gun without his permission.

The trial came to closing statements on Wednesday morning and went to the jury about lunchtime.

Jury findings and aggravating circumstances

The appellate court recorded that the jury found beyond a reasonable doubt the existence of two statutory aggravating circumstances as set forth in OCGA § 17-10-30:

1. the murder was committed while the offender was engaged in the commission of another capital felony—kidnapping with bodily injury, OCGA § 17-10-30(b)(2); and
2. the murder was outrageously or wantonly vile, horrible, or inhuman because it involved depravity of mind, OCGA § 17-10-30(b)(7).

Sentencing

After determining Dalton's guilt, the jury found the two statutory aggravating circumstances and fixed a sentence of life imprisonment without parole.

On July 15, 2004, the same jury sentenced Dalton to life in prison without parole.

The appellate record states that Dalton was sentenced on August 26, 2004:

• life without parole for malice murder,
• 20 years for one count of aggravated assault,
• 20 years for cruelty to children,
• plus 5 years for each of two weapon offenses, with all sentences running consecutively to each other.

Appeals

Dalton appealed her conviction and sentence.

The appellate decision describes Dalton's concessions and claims:

• Dalton conceded she “shot and killed Donna Sanders, the girlfriend of appellant's former boyfriend ․ without provocation, in the presence of the sons of both appellant and Sanders.”
• She asserted that the State failed to prove beyond a reasonable doubt either statutory aggravating circumstance supporting life without parole.
• She also asserted the trial court erred in denying a motion to suppress evidence seized from her vehicle.

The appellate court affirmed the judgment.

Discussion of aggravating circumstances

The appellate court addressed Dalton's argument regarding OCGA § 17-10-30(b)(2), including discussion of kidnapping, kidnapping with bodily injury, and bodily injury.

The appellate court also addressed Dalton's argument regarding OCGA § 17-10-30(b)(7) depravity of mind, discussing the applicability of McMichen v. State and concluding the evidence was sufficient.

Search warrant issue

The appellate court held that probable cause existed for issuance of the warrant and concluded the magistrate had a substantial basis for determining probable cause existed for issuance of the warrant. The appellate court stated it did not need to address alternative theories of inevitable discovery and abandonment for admitting evidence of the search.

The appellate decision concluded:

Judgment affirmed.

Other details

At the time of the murder, Wesley was ten years old.

The appellate record contains references to OCGA §§ 16-5-40, 17-5-21, 17-10-30, and 17-10-30.1(a). Under OCGA § 17-10-30.1(a), imprisonment for life without parole may not be imposed unless at least one statutory aggravating circumstance is found by the court or jury as defined by OCGA § 17-10-30.

The appellate record includes a footnote stating the crimes were committed on May 23, 2002.

In the trial testimony, the relationship between Sanders and Dalton is described in terms of dating history, including that Sanders was dating Mark Sullivan, Dalton's ex-boyfriend. Dalton's son testified against his mother.