State v. Dickens

• Decision Date: 09 May 1997
• Docket Number: No. 189A96,189A96
• Parties: STATE of North Carolina v. Jeffrey P. DICKENS.
• Court: North Carolina Supreme Court

Page 553

484 S.E.2d 553

346 N.C. 26

STATE of North Carolina v. Jeffrey P. DICKENS.

No. 189A96.

Supreme Court of North Carolina.

May 9, 1997.

Michael F. Easley, Attorney General by David F. Hoke, Assistant Attorney General, for the State.

Staton, Perkinson, Doster, Post, Silverman & Adcock by Norman C. Post, Jr., and Jonathan Silverman, Sanford, for defendant-appellant.

WHICHARD, Justice.

Defendant was tried capitally for the first-degree murder of eighty-nine-year-old Roseline Murphy. He was also tried for the first-degree burglary of Murphy. The jury found him guilty of first-degree murder on the basis of malice, premeditation, and deliberation and under the felony murder rule and recommended a sentence of life imprisonment. The trial court accordingly sentenced defendant to life imprisonment on the first-degree murder conviction and to life imprisonment for the first-degree burglary conviction, to run consecutive to the sentence for murder.

The State presented evidence that on the evening of 30 October 1993, after drinking beer and smoking marijuana, defendant and his friend David Woods went to a party. While at the party, Woods told defendant he had smoked crack cocaine with Gibbs Davenport behind Roseline Murphy's trailer three days before. Woods had dared Davenport to go into the trailer and bragged that he could go in without being caught; however, neither Davenport nor Woods went in the trailer at that time. After hearing the story, defendant suggested to Woods that they break into Roseline Murphy's trailer and steal something. Defendant and Woods left the party and drove to Murphy's trailer. Defendant had a hammer in his truck which he used to pry open the window panes of the back door of the trailer. As soon as they were inside, however, Murphy came out of her bedroom, apparently recognized Woods, and said, "Get out. Why are you here? Get out." Woods grabbed her hands and forced her back into the bedroom. Murphy told Woods she knew who he was, whereupon he told her he was leaving. Defendant then walked into the bedroom and hit Murphy with the hammer. As Woods fled the trailer, he heard several thuds and gurgling noises coming from the bedroom. Defendant emerged from the trailer a short time later, and he and Woods left the premises. Defendant and Woods then drove to a known "crack house" and purchased crack cocaine.

The following day Woods told several people that he had "messed up" and that defendant had murdered Murphy after breaking into her home. Later, Woods placed a 911 call to the Sanford Police Department and asked, hypothetically, "If these two guys broke in a place, and one guy killed somebody right in there, how much time would that guy get that didn't do the killing?" The police traced the call to the home of Susan Davis. When they arrived at the Davis residence, Susan Davis told them Woods had used her phone. The police proceeded to Woods' trailer and placed him under arrest.

Marie Wilder was present when Woods was arrested. She told the police officers that defendant was the one who had committed the murder and that he was staying in Amy Smith's trailer. The officers went to Smith's trailer, found defendant, and placed him under arrest as well. Defendant's truck was impounded, and a hammer was seized from a tool belt found on the front seat.

Defendant waived his rights and gave a statement to Special Agent Paul Munson and Detective Jerry Lamm. Defendant initially stated that after the party he went straight to his girlfriend's house and fell asleep. Detective Lamm asked him if he remembered going to Murphy's trailer. Defendant replied "no" and then stated that he did not wish to answer any more questions. At this point Special Agent Mike East entered the room and told defendant that Woods was making a statement and that Agent East knew what had happened. Defendant stated that he wanted to talk to a lawyer. Agent East and Detective Lamm left the room. As Agent Munson was lifting his notebook and jacket from the floor, defendant asked if he could have water and time to think. Agent Munson gave defendant some water and left him alone for approximately five minutes. When Agent Munson reentered the room, he asked defendant if he wanted to talk about what happened. Defendant replied, "I didn't mean to kill her," and then gave a detailed confession to the murder and burglary.

Defendant filed a pretrial motion to suppress all statements he made to law enforcement officers. The trial court allowed the motion with respect to statements defendant made after invoking his Fifth Amendment right to counsel. The statement defendant made prior to invocation of his rights was admitted.

By his first assignment of error, defendant argues that his statements should have been suppressed in their entirety because there was no probable cause for his arrest and the ensuing interrogation. Defendant contends that the trial court's findings of fact establishing that probable cause for arrest existed at the time law enforcement officers took him into custody are not supported by competent evidence. At best the evidence demonstrated that officers responded to a 911 call placed from Susan Davis' trailer in which the caller asked questions about the potential consequences of being present when someone else committed a murder. Defendant's name was not mentioned; and Woods, the caller, did not mention it when he was subsequently arrested. Woods stated only that he had an accomplice. Defendant contends that prior to his arrest, police found no evidence at the scene linking defendant to the crimes. He further contends that Sergeant Larry Munson testified that he did not recall having any specific information that defendant had been involved in a crime when he went to Smith's trailer looking for defendant. Defendant argues that because he was seized without probable cause in violation of his constitutional rights, the entire statement resulting from his seizure must be suppressed. We disagree.

An officer may make an arrest for a felony that was committed out of the officer's presence when the officer has probable cause to believe the person has committed the felony. N.C.G.S. § 15A-401(b)(2) (1988). Probable cause exists when the information known to the officer is " 'sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.' " State v. Bright, 301 N.C. 243, 255, 271 S.E.2d 368, 376 (1980) (quoting Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225-26, 13 L.Ed.2d 142, 145 (1964)). Here, the evidence indicates that when Woods was arrested, he told Agent East he had an accomplice. His earlier questions to the Sanford Police Department during his 911 call intimated the same. The officers therefore knew that Woods had not acted alone. Their suspicions were confirmed when Wilder informed Sergeant Munson that Woods told her he and defendant had broken into Murphy's home and defendant had killed Murphy. Sergeant Munson relayed this information to the other investigating officers, including Detective Lamm, who had examined Murphy's body at the scene and determined that she had been beaten to death with a blunt object. While outside the Smith residence, Detective Lamm saw a hammer in the front seat of defendant's truck which he thought could have been the murder weapon. From these circumstances, the officers had probable cause to believe defendant had participated in the murder and burglary and therefore to place him under arrest.

When findings of fact are supported by competent evidence, they are conclusive on appeal. State v. McRae, 276 N.C. 308, 314, 172 S.E.2d 37, 41 (1970). Here, there was extensive evidence to support the findings, which in turn support the conclusion of law that there was probable cause to arrest defendant. Accordingly, the findings and conclusion are binding on this Court.

Defendant further contends that his statement should have been suppressed in its entirety because of delay in taking him before a magistrate. Defendant was arrested at 9:50 p.m. and interrogated from 11:00 p.m. until 12:30 a.m. Warrants for his arrest were served between 1:30 and 2:00 a.m., and he was finally brought before a magistrate at 2:00 a.m. Defendant asserts that this four-hour interval between arrest and appearance violated the requirement that an officer take an arrested person before a magistrate without unnecessary delay. N.C.G.S. § 15A-511(a) (1988). We disagree.

Section 15A-511 does not prescribe mandatory procedures affecting the validity of a trial. State v. Martin, 315 N.C. 667, 679, 340 S.E.2d 326, 333 (1986). For a violation of section 15A-511 to be substantial, defendant must show that the delay prejudiced him in some way, for example, by resulting in a confession that would not have been obtained but for the delay. Id.; State v. Hunter, 305 N.C. 106, 113, 286 S.E.2d 535, 539-40 (1982). The delay here was four hours; this Court has previously declined to find a four and one-half hour delay inherently unreasonable or prejudicial. State v. Richardson, 295 N.C. 309, 323-24, 245 S.E.2d 754, 763-64 (1978). More importantly, defendant has failed to show that he would not have made an inculpatory statement absent the delay. This assignment of error is overruled.

By his next assignment, defendant argues that the trial court erred in failing to suppress blood samples drawn from him pursuant to a search warrant authorizing the State to seize head hairs, pubic hairs, saliva, and blood samples. The invasion of a person's body to withdraw blood is the most intrusive type of search, and a warrant authorizing the seizure of blood must be based upon probable cause to believe the blood constitutes evidence of an offense or the identity of a person who participated in the crime. State v. Carter, 322 N.C. 709, 722-23, 370 S.E.2d 553, 561 (1988); see N.C.G.S. § 15A-242(4) (1988). Defendant argues that it is clear from the face of the warrant that there was no...