State v. Barts
| Decision Date | 03 June 1986 |
| Docket Number | No. 524A84,524A84 |
| Citation | 316 N.C. 666,343 S.E.2d 828 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Keith BARTS. |
Lacy H. Thornburg, Atty. Gen. by Charles M. Hensey, Sp. Deputy Atty. Gen., Raleigh, for the State.
Daniel H. Monroe, Graham, for defendant-appellant.
The defendant and Charlie Mann were tried jointly for various crimes arising out of events occurring in Alamance County in the fall of 1983. The State's evidence tended to show that in September 1983, Richard Lockamy and his fiancee, Penelope Dawkins, moved into a mobile home in the Shady Grove Mobile Home Park in Mebane, North Carolina. The defendant was the manager of the mobile home park. Around the first of October, Lockamy and Dawkins became acquainted with Charlie Mann, who lived approximately a mile from the mobile home park. Over the next several weeks, they performed various services for Mann, including chopping firewood, painting, mowing his lawn, and cleaning his house. Lockamy and Dawkins saw Mann approximately two or three times per week during this period.
At some point, Mann told Lockamy about an elderly man, Richard Braxton, who lived in the Sutphin Mill Road area. Mann told Lockamy that Braxton generally carried a large sum of money with him, and he was of the opinion that it would be quite easy to rob him. Mann went on to say that two or three people would be needed to carry out the robbery, and he asked Lockamy if he would be interested in participating in such a scheme. Lockamy indicated that he might be willing to participate in such a plan. A few days later, Mann and Lockamy drove out to Braxton's house. At that time, Lockamy told Mann that he would be willing to rob Braxton.
Approximately a week later, Mann told Lockamy that he had previously persuaded the defendant to burglarize the home of one of his (Mann's) former girlfriends. Later, Lockamy told the defendant about Mann's scheme to rob Braxton and asked if he would like to participate. The defendant answered in the affirmative.
The next day, the defendant introduced Lockamy to John David "Fireball" Holmes. The defendant asked Lockamy if Holmes could join in the scheme. Lockamy replied that he would think about it. The next day, Lockamy, Holmes, the defendant, and the defendant's wife drove out to Braxton's house in order to determine how best to carry out the robbery. The next night, Lockamy, Holmes, and the defendant drove out to Braxton's house to commit the robbery. The defendant and Holmes were to carry out the robbery while Lockamy drove the car. However, when they were alone, the defendant and Holmes decided that they no longer wanted Lockamy as a partner in the scheme. The defendant told Holmes that he was going to tell Lockamy that they had been unable to carry out the robbery due to the fact that Braxton had a visitor. When Lockamy picked them up, the defendant recited this story and they returned home.
The defendant and Holmes then decided to ask Earl Barts, defendant's cousin, to join them in the robbery scheme. On 18 November 1983, the defendant and Holmes met with Earl Barts and told him about the planned robbery. Earl Barts agreed to join them, and they decided to get together the following afternoon.
On the afternoon of 19 November 1983, the three met at a local bar and then proceeded to Earl Barts' mobile home. Once at the mobile home, they discussed how to carry out the robbery. During this discussion, the defendant and Earl Barts were drinking vodka and smoking marijuana. Between 7:00 and 7:30 p.m., they left Earl Barts' residence and drove to Braxton's house in Holmes' 1973 Thunderbird. They took a wooden, rubber-headed mallet and a baseball bat with them. During the drive, the defendant and Earl Barts were drinking beer.
When they arrived in the vicinity of Braxton's house, Holmes let the defendant and Earl Barts out of the car and he drove down the road to a prearranged spot to wait for them. After approximately thirty minutes had passed, Holmes drove back toward the house. Earl Barts came up to the car and stated that they had broken into the house but that Braxton had not yet returned home. Earl Barts showed Holmes a .22-caliber pistol which he said they had found on a bed in the house. Earl Barts instructed Holmes to drive back down the road and wait for them. Holmes did so. Approximately two hours later, Holmes saw the defendant and Earl Barts driving Braxton's pick-up truck. They pulled up beside the car, got out, and entered the car. The three then drove off. Holmes asked what had occurred at the house. The defendant replied that they had been forced to beat Braxton but that he was all right. They proceeded back to Earl Barts' mobile home and divided the $3,200 which the defendant and Earl Barts had taken.
The next day, the defendant went over to visit Lockamy and Dawkins. He told them that he had robbed Braxton the previous evening and that he thought he may have killed him. The defendant told them that he jumped Braxton when he arrived home and that he "beat the old motherf___er until I got plumb tired of beating him." The defendant further stated that during the beating, Braxton screamed, "Oh, God, you're gonna kill me." The defendant then warned Lockamy and Dawkins not to tell anyone of his involvement in the crime.
Braxton's body was discovered by a neighbor on the morning of 20 November 1983. The body was found lying on a bench on the porch. Dr. Robert Anthony, the Assistant Chief Medical Examiner with the State Medical Examiner's Officer, performed an autopsy on Braxton's body on 21 November 1983. The autopsy revealed at least six large lacerations on the left forehead and a number of other small cuts on the face and scalp. Both eyes were blackened and there were bruises on the face and chest. There was also a long laceration on the second finger of the right hand and an abraded (roughed-up) area on the back of the hand. Dr. Anthony characterized the hand wound as a "defensive wound." The autopsy also showed that the blow or blows to the outside of the scalp had broken the bones of the skull and had driven bone fragments into the brain. Dr. Anthony stated that, in his opinion, Braxton died as a result of blunt trauma to the head.
The defendant was arrested and charged with first-degree murder on 4 December 1983. The defendant was informed of his Miranda rights and executed a valid waiver. He then gave a statement in which he acknowledged his involvement in the planning of the robbery. He also admitted in his statement going to Braxton's house on the night of 19 November with Holmes and Earl Barts. He stated that he used a crowbar to pry open a door and that he and Earl Barts went inside. They searched the house for money but were unable to find any. They then went out and looked in Braxton's shed. They subsequently returned to the house. According to the defendant's statement, Braxton drove up while the defendant was drinking some liquor that he had discovered in the house. The defendant stated that Earl Barts soon yelled for him to come outside. They proceeded to drive off in the truck. At that time, Earl Barts had Braxton's billfold in his hand. The defendant further stated that they drove to the pick-up point, got in the car with Holmes, drove to Earl Barts' residence, and divided up the money.
The State introduced a number of items of physical evidence. Among these were a cloth discovered in Holmes' car which had the presence of blood consistent with that of the victim, a hammer handle and a rubber-headed mallet discovered at Braxton's residence which had on it blood and hairs consistent with the deceased's, and a pocketknife found near Braxton's hand which had blood on it consistent with that of the victim. A baseball bat was also discovered at the victim's residence. Although the bat was found to have human blood on it, the quantity was insufficient to allow blood typing tests to be performed. Also, a boot obtained by the police from the defendant's residence was found to have made an impression discovered in Braxton's storage shed.
The defendant testified in his own behalf. He admitted his involvement in the planning of the robbery, and he acknowledged breaking into and entering Braxton's house and shed (also referred to as the "barn") on 19 November. However, he stated that Earl Barts killed Braxton and that he did not personally attack Braxton on the night in question. He further testified that he did not contemplate or intend that Braxton be killed. The defendant stated that he did talk with Lockamy after the robbery. However, he testified that he told Lockamy that Earl Barts was the one who assaulted Braxton, and he denied telling Lockamy that he beat the victim.
Charles Bowes, an investigator with the Person County Sheriff's Department, testified for the State on rebuttal. He stated that on 13 January 1984, the defendant confessed to having committed a break-in in Person County. Bowes stated that the defendant said that he and two other men committed the break-in and took six to eight firearms. Bowes testified that he had conducted a search of the department's records and determined that the defendant was referring to a break-in which was committed at the home of Virginia Clayton on 4 May 1980.
Based on this and other evidence, the defendant was convicted of first-degree murder, robbery with a dangerous weapon, second-degree burglary, felonious breaking or entering, and felonious larceny. 1 During the course of the trial, the defendant had pled guilty to felonious conspiracy to commit robbery with a dangerous weapon. Following a sentencing hearing held pursuant to N.C.G.S. § 15A-2000, the jury recommended that the defendant be sentenced to life imprisonment for the first-degree murder. The trial court entered judgment sentencing the defendant as previously indicated.
The defendant initially argues that the trial court erred by denying his motion to suppress the...
To continue reading
Request your trial
-
State v. Garcell
......"When there is a substantial reason to fear that the jury has become aware of improper and prejudicial matters, the trial court must question the jury as to whether such exposure has occurred and, if so, whether the exposure was prejudicial." State v. Barts, 316 N.C. 666, . 678 S.E.2d 640 . 683, 343 S.E.2d 828, 839 (1986) (emphasis added) (citations omitted). When error is alleged in this manner, it is typically because the possibility of some type of improper external contact involving a juror or jurors is brought to the trial court's attention. ......
-
State v. McLaughlin, 637A84
......McCree, 476 U.S. 162, 175-176, 106 S.Ct. 1758, 1766, 90 L.Ed.2d 137, 149 (1986). See also Buchanan v. Kentucky, 483 U.S. 402, 107 S.Ct. 2906, 97 L.Ed.2d 336 (1987). This Court has so held. State v. Barts, 316 N.C. 666, 343 S.E.2d 828 (1986); State v. King, 316 N.C. 78, 340 S.E.2d 71 (1986); State v. Pinch, 306 N.C. 1, 292 S.E.2d 203, cert. denied, 459 U.S. 1056, 103 S.Ct. 474, 74 L.Ed.2d 622 (1982), reh'g denied, 459 U.S. 1189, 103 S.Ct. 839, 74 L.Ed.2d 1031 (1983). We note that in defendant's ......
-
State v. Johnson, 525A83
...476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986), nor article I, section 19 of the North Carolina Constitution, State v. Barts, 316 N.C. 666, 343 S.E.2d 828 (1986). Accord, e.g., State v. Maynard, 311 N.C. 1, 316 S.E.2d 197, cert. denied, 469 U.S. 963, 105 S.Ct. 363, 83 L.Ed.2d 299 (1984......
-
State v. Stokes
...recommended life imprisonment despite finding the murder to be especially heinous in 20 cases involving 24 defendants. State v. Barts, 316 N.C. 666, 343 S.E.2d 828 (1986); State v. Sidden, 315 N.C. 539, 340 S.E.2d 340 (1986) (two defendants); State v. Ledford, 315 N.C. 599, 340 S.E.2d 309 (......