State v. Baker

• Decision Date: 30 December 1994
• Docket Number: No. 159A92,159A92
• Citation: 451 S.E.2d 574,338 N.C. 526
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Ronnie Wayne BAKER.

Page 574

451 S.E.2d 574

338 N.C. 526

STATE of North Carolina v. Ronnie Wayne BAKER.

No. 159A92.

Supreme Court of North Carolina.

Dec. 30, 1994.

[338 N.C. 532] Atty. Gen. Michael F. Easley, by Sp. Deputy Atty. Gen. Thomas J. Ziko, for the State.

Thomas R. Sallenger and John E. Clark, Wilson, for defendant-appellant.

PARKER, Justice.

Defendant was indicted for the murder of his estranged wife, Shirlene Baker; first-degree kidnapping; and robbery with a dangerous weapon. He was tried capitally for the murder and found guilty on the theory of premeditation and deliberation. In accordance with the jury's unanimous recommendation following a capital sentencing proceeding pursuant to N.C.G.S. § 15A-2000, defendant was sentenced to death. Defendant was also convicted of first-degree kidnapping, for which he was sentenced to a twelve-year term of imprisonment consecutive to his death sentence, and of common-law robbery, for which he was sentenced to a three-year term of imprisonment consecutive to the twelve-year term. For the reasons set out herein, we conclude the jury selection and guilt-innocence phases of defendant's trial were free from prejudicial error. However, on account of error in the sentencing proceeding we remand for a new capital sentencing proceeding.

State's evidence tended to show that the victim managed a convenience store on State Highway 91 near Saratoga, North Carolina. In April 1988 she and defendant were married but living apart and had two sons, Shane, who was twenty years old and married, and Ronald, who had just turned fifteen. Both sons resided with defendant. The victim opened the store for business in the mornings and usually arrived there around 5:30 a.m. She turned on the lights, made coffee, started the hot dog machine and bun warmer, and sometimes counted money received during the previous business day. The store was open from 6:00 a.m. until midnight. Several witnesses testified that the victim habitually kept the door locked until 6:00 a.m. but occasionally unlocked it for delivery men. The door had an electronic lock that the victim operated by a button near the cash register.

On Monday morning, 11 April 1988, Joey Gardner, then a uniformed officer on patrol for the Wilson County Sheriff's Department, drove by the store around 5:45 a.m. From the highway, Gardner saw the victim's automobile parked in front of the store. He observed that the lights on the coffee machine and hot dog machine inside were turned on. Gardner testified that since he saw no overt signs of a break-in, he drove on.

Minutes later A.C. Turner, a customer who regularly stopped at the store for coffee, arrived. He recognized the victim's car, went to the store door, and pushed it open. He did not see the victim but noticed the coffee machine light was on and that a light over the counter where the victim usually stood at the cash register was on. He called out to the victim but no one answered. He waited, thinking she was in the bathroom, but no one appeared. He decided to go outside and look around, and he left a bottle in the door to bypass the electronic lock. Outside, he touched the hood of the victim's car, which was warm.

About this time Jerry King, a dairy salesman, arrived to make his usual delivery to the store. Turner approached him, and the two men went in the store. Turner said he would call for help, and King left, saying he would return later to make his scheduled delivery.

Deputy Gardner testified that at 6:17 a.m. he got a radio call to return to the store. He arrived at 6:21 and found Turner, Deputy Newell, and the victim's father, Lynwood Bass, there. Gardner testified further that the men went into the store again, and he went to the back, which was like an office, and observed that a cigarette case there was unlocked. Gardner also checked the storage area, walk-in coolers, and bathrooms. He noticed there were bags on the floor behind the front counter and the door of the safe was open. The electronic cash register was open but contained no money. Interpreting all these signs to indicate a robbery, Gardner notified dispatch to call the store owner, Eddie Ellis. Gardner asked Deputy Newell to begin searching outside the store. In the meantime, around 6:30 a.m., defendant arrived at the store.

Eddie Ellis testified he arrived at the store around 6:30 a.m. In the safe he found a bank bag with the 9 April deposit, but the 10 April deposit and the change bag were missing. Altogether $2,592.10 was missing. Only he and the victim had keys to the safe; other evidence showed the victim's key was never found. There were contact alarms on the windows and doors; when employees closed up, they set the alarm system. Ellis also testified that in the cash register was a device which activated a dialing machine in the office, in turn sounding an alarm at both his house and the sheriff's office. The dialing machine was mounted inside a box which was kept locked. The condition of the cash register device showed the alarm should have sounded. However, the key to the box was hanging in the lock, and the switch inside the box was turned off. Ellis also testified that the victim had recently given him two weeks' notice that she would be leaving, saying she intended "to make a change." On the Monday when she disappeared, she was in her final week of work.

Michael D. Austin testified that he was employed as a supervisor for Presto Food Stores and oversaw the store managed by the victim. All the employees knew about the cash register device which activated the William Brice, a long-distance truck driver, who lived on the edge of Saratoga, testified that on the morning in question, around 5:15 a.m., he drove by the store on his way into Wilson to pick up a truck. Brice had known defendant for many years and knew he was married to the victim. Brice did not know the victim well but recognized her when he saw her. Approaching Highway 91, Brice came to a complete stop at a stop sign. He then made a right turn and as he approached the store, he saw a truck on the side of the road. The front of the truck was pointing in the direction of Wilson; on the back was an emblem indicating the truck was owned by Hawley. Brice did not know where defendant was employed; but other evidence showed defendant worked as a truck driver for Hawley Transport. Brice did know that he had never seen a Hawley truck there before.

dialing machine. All employees whose duties included locking up knew how to use the front door key to activate the contact alarm system. However, only Austin, Ellis, and the store managers knew about the dialing machines. There were two sets of keys to each box, as well as a master key retained by Austin. One set of keys was kept at each store. Policy required that the alarm boxes remain locked with the internal switches turned on. At the store managed by the victim, the keys to the dialing machine box were kept in a desk drawer with the keys to the cigarette case. Austin also testified that he knew defendant, having seen him more than once at the store with the victim. Further, whenever the victim spoke to Austin about defendant, she seemed nervous and would wring her hands. Once Austin told defendant not to telephone the store, and defendant agreed not to call. After objection by defense counsel, voir dire, and findings by the court, Austin was permitted to testify that the occasion on which he asked defendant not to call the store was within a month of the victim's disappearance. The victim asked Austin to intervene that day because defendant, who had been drinking, was making harassing calls to the store.

Although it was dark, the outside of the store was lit up. Brice saw defendant, the victim, and a black man standing in front of the store. Defendant was standing on the victim's left; one of his hands was holding her wrist and the other was on her upper arm or shoulder; and he had a big smile on his face. The three people looked at Brice, who sped up to avoid being obvious. Brice did not recognize the black man, who was around six feet tall. Brice continued towards Wilson and considered calling authorities. What bothered him was that defendant had his hands on the victim and the other man was standing close by. Brice decided not to approach authorities because he thought no one would believe him and he did not want to get involved. He tried to put what he had seen out of his mind. Late in the afternoon he was dispatched to Maryland. He telephoned his wife from there and found out about the victim's disappearance but still did not come forward. A few weeks later he heard some co-workers discussing the incident and mentioned the people he had seen. The first time Brice revealed his information to authorities was in October 1988, when he was sought out and questioned by Detective John Farmer of the Wilson County Sheriff's Department. When questioned by Farmer, Brice at first could not say who was outside the store and did not remember seeing the Hawley truck. Brice testified he had tried to put the incident out of his mind. Later he recalled the truck and identified the man holding onto the victim as defendant. Brice also thought he recalled seeing a van in the parking lot.

The victim's naked body was discovered on the morning of 12 April 1988. A motorist driving on a dirt road off State Highway 222 between Saratoga and Stantonsburg saw the body from the road. The area was known locally as Boswell's Store. Captain D.A. Jordan of the Wilson County Sheriff's Department arrived at the site around 8:30 a.m. and found the victim lying facedown, with her clothes at her feet but wearing shoes and socks. Jordan photographed the body and searched for evidence. The victim was wearing rings on her left hand. A ring on her right hand appeared to be a sizeable diamond, and she was wearing a watch. A necklace in the shape of a heart was near her Jordan had also processed the safe, alarm box, and cigarette...