State v. Bryant
| Decision Date | 16 August 1999 |
| Docket Number | No. 24988.,24988. |
| Citation | 336 S.C. 340,520 S.E.2d 319 |
| Parties | The STATE, Respondent, v. Lavar K. BRYANT, Appellant. |
| Court | South Carolina Supreme Court |
Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for appellant.
Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General G. Robert Deloach, III, and Solicitor Warren B. Giese, all of Columbia, for respondent.
Appellant appeals his conviction of murder and his sentence of life imprisonment. We affirm.
Before noon on August 4, 1995, Mike Suber (Suber) left his office at the Department of Health and Environmental Control (DHEC) in Columbia. Suber's body was discovered in the DHEC parking lot near his personal vehicle around 1:00 p.m. that same day. Because Suber's personal items, including his wallet, were scattered around him, SLED agent Kelvin Crimminger concluded a struggle occurred before Suber was killed.
Lying on the ground near the driver's side of Suber's vehicle, police investigators found a black wig, a knife and a screwdriver. Appellant's fingerprints were found on Suber's vehicle. After his fingerprints identified him as a suspect, police investigators searched appellant's home. The police found a pair of athletic shoes with a tread pattern consistent with a footprint found at the murder scene.
The words "Metro Mike f- - - your Mamma" had been etched on the rear of Suber's vehicle. Suber's wife testified these words were not on the vehicle that morning. Agent Crimminger concluded the scratches were freshly made. Juvenile corrections officer Rodney Muller testified offenders from Columbia used the term "Metro" to identify themselves. Further, Muller testified appellant wrote "Metro" on a shirt while he was incarcerated with the Department of Juvenile Justice.
Pathologist Sally Harding, who conducted the autopsy, found three stab wounds in Suber's chest that were consistent with the pattern of a flat head screwdriver. Two of the wounds were superficial. However, the third stab wound penetrated Suber's aorta from a downward angle causing fluid pressure to build up around Suber's heart until it stopped beating. Harding further testified she found scratch wounds on Suber's forearms that were consistent with a screwdriver. Harding testified Suber would have been conscious and capable of calling for help for about fifteen minutes before death. Based upon the sand embedded in Suber's face and his failure to call for help, Harding concluded someone held Suber down before he died.
On August 5, 1995, appellant surrendered to the police. SLED agents Tommy Robertson and Arthur Myers and Columbia Police Detective Walter Bales interviewed appellant at the police station. After appellant waived his right to remain silent, appellant initially denied any knowledge about Suber's murder. Columbia Police Chief Charles Austin then asked appellant if he wanted to pray. Appellant agreed to pray with Chief Austin. After a short prayer, appellant began sobbing and said "I didn't mean to do it." Detective Bales obtained a second waiver of appellant's rights and appellant gave several inconsistent statements concerning the incident.
In appellant's first statement, he admitted Suber approached him as he was breaking into Suber's vehicle. Suber went to the rear of the vehicle and returned with a screwdriver in one hand and a steak knife in the other hand. According to appellant, Suber dropped the knife during the ensuing struggle. Appellant claimed he took the screwdriver away from Suber. After Suber was disarmed, appellant swung the screwdriver at Suber and stabbed him.
Appellant then modified his statement claiming he obtained the screwdriver and knife from Suber's vehicle. Appellant modified his statement again claiming he brought the knife with him. As Suber approached, appellant pulled out the knife. Suber then ran to the vehicle and got the screwdriver.
Appellant then asserted he threw the knife down prior to the struggle because he did not want to fight. However, appellant did not think Suber saw him discard the knife. Appellant then "jumped" Suber as Suber was backing out of the passenger door with the screwdriver in his hand. Suber hit appellant and appellant kicked Suber causing Suber to fall and drop the screwdriver. Appellant picked up the screwdriver and stabbed Suber three or four times when Suber came toward him.
Appellant gave a final signed written statement describing the incident.
Appellant requested an instruction on self-defense based on the evidence that he had withdrawn from the "initial difficulty" by discarding his knife. The solicitor argued appellant could not claim self-defense because he was initially at fault. The trial judge refused the requested charge because appellant brought about the initial difficulty with Suber and did not retreat.
ISSUE
Did the trial judge err in refusing to charge self-defense?
Appellant claims the trial judge erred by refusing to charge self-defense. Based on his statements, appellant argues the jury could have found, although he was the initial aggressor, his right to self-defense was restored when he withdrew from the conflict and communicated his intent to do so before Suber attacked him with deadly force. We disagree.
A self-defense charge is not required unless the evidence supports it. State v. Goodson, 312 S.C. 278, 440 S.E.2d 370 (1994). To establish self-defense in South Carolina, four elements must be present. First, the defendant must be without fault in bringing...
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State v. Santiago
...his right to self-defense if he withdraws from the conflict and communicates that decision to his adversary. State v. Bryant, 336 S.C. 340, 345, 520 S.E.2d 319, 322 (1999). Because Santiago was not on his property, he had a duty retreat. See Fuller, 297 S.C. at 444, 377 S.E.2d at 331. Taken......
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...bodily harm or the loss of his life; and (4) the defendant had no other probable means of avoiding the danger. State v. Bryant, 336 S.C. 340, 344-45, 520 S.E.2d 319, 321-22 (1999). "If there is any evidence in the record from which it could reasonably be inferred that the defendant acted in......
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...500 S.E.2d 489, 492–93 (1998)). “To establish self-defense in South Carolina, four elements must be present.” State v. Bryant, 336 S.C. 340, 344, 520 S.E.2d 319, 321 (1999). The four elements are: (1) the defendant must be without fault in bringing on the difficulty; (2) the defendant must ......
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