State v. Hairston

• Decision Date: 16 November 2004
• Docket Number: No. COA04-181,COA04-181
• Citation: 605 SE 2d 11
• Court: North Carolina Court of Appeals
• Parties: STATE OF NORTH CAROLINA v. RODNEY STEPHON HAIRSTON.

605 SE 2d 11

STATE OF NORTH CAROLINA v. RODNEY STEPHON HAIRSTON.

No. COA04-181

North Carolina Court of Appeals

Filed November 16, 2004

This case not for publication

Forsyth County, Nos. 02 CRS 061908, 02 CRS 061996

Attorney General Roy Cooper, by Assistant Attorney General Barbara A. Shaw, for the State.

Allen W. Boyer, for defendant-appellant.

TYSON, Judge.

Rodney Stephon Hairston ("defendant") appeals from judgment entered after a jury found him to be guilty of: (1) Assault with a Deadly Weapon (a large rock) Inflicting Serious Injury; (2) Assault with a Deadly Weapon (a 1993 Jeep Wagoneer motor vehicle) with Intent to Kill; and (3) Assault with a Deadly Weapon (a knife) with Intent to Kill Inflicting Serious Injury. We find no error.

I. Background

Defendant and Fred Green ("Green") dated the same woman, Melisa Voss ("Voss"). At the time of the incident, defendant was thirty-five years old, owned a mortgage company, and weighed about 220 pounds. Green was thirty-eight years old, a professional bodybuilder, a night club bouncer, and weighed almost 300 pounds. On the evening of 20 October 2002, defendant and Voss returned to Voss's home after viewing a movie. Green had called and left a message on Voss's answering machine, which upset defendant. He persuaded Voss to call Green so that he could speak with him. The two men argued over the phone and threatened one another. Defendant challenged Green to a fight, which Green accepted. The call ended. Defendant knew Green was larger and stronger. He grabbed a kitchen knife and hid it under his shirt in case Green actually showed up at Voss's house.

Green drove over to Voss's house expecting to fight defendant. Green pulled his vehicle, a Jeep, into Voss's driveway, exited the vehicle, and stood in the driveway. Green never approached the house or Voss in a threatening manner. Defendant came out of Voss's front door and met Green in the driveway. The two began screaming, cursing, and threatening one another. Green punched defendant in the face, and both men threw punches.

Defendant stepped back after several punches, reached under his shirt, and brandished the kitchen knife. Green charged towards defendant, who stabbed him in the chest. Green's left knee gave out, and he fell to the ground. Defendant jumped on top of Green, and the two continued fighting on the ground. Defendant got off of Green and found a big rock. Defendant returned to where Green was lying on the ground and threw the rock on Green's legs several times. Defendant then tried to throw the rock on to Green's chest. Green blocked the blows with his arms and wrestled the rock away from defendant. Defendant ran to Green's Jeep and yelled, "I'm going to run you over with your own s—t!" Green dragged himself towards the road to seek help from passing cars. Defendant started the Jeep and drove it towards Green. Just before defendant reached Green, Voss stepped between the Jeep and Green. Defendant stopped the vehicle. Voss told defendant that she had called the police. Defendant exited Green's Jeep, ran to his own car, and drove away from Voss's house. Emergency medical services arrived and administered aid to Green's wounds. Green suffered a four to five inch knife wound to the chest, injuries to his left knee, and a broken right leg. Voss was taken to the sheriff's office.

Detective Beth Culbreth ("Detective Culbreth") of the Forsyth County Sheriff's Office responded to the stabbing report and went to the hospital where Green had been taken. She collected Green's clothing for evidence and took photographs of Green as the emergency room doctors operated on him. Detective Culbreth went to Voss's house to look for defendant, but he was not there. She then went to the sheriff's office to speak with Voss.

Detective Culbreth asked Voss to call defendant on his cell phone. Defendant answered the call, and Detective Culbreth spoke with him. Defendant claimed Green brought the knife to the fight, which he took from Green during the scuffle. Defendant refused to meet with Detective Culbreth or tell her his location. On 23 October 2002, defendant voluntarily came to the sheriff's office with his pastor. Defendant was indicted on 6 January 2003 for: (1) Assault with Deadly Weapon with Intent to Kill Inflicting Serious Injury; (2) Assault with Deadly Weapon Inflicting Serious Injury; and (3) Assault with Deadly Weapon with Intent to Kill. A superceding indictment was issued on 23 June 2003 charging defendant with: (1) Assault with a Deadly Weapon Inflicting Serious Injury; and (2) Assault with Deadly Weapon Intent to Kill.

On 26 June 2003, a jury returned guilty verdicts of: (1) Assault with a Deadly Weapon (a large rock) Inflicting Serious Injury; (2) Assault with a Deadly Weapon (a 1993 Jeep Wagoneer motor vehicle) with Intent to Kill; and (3) Assault with a Deadly Weapon (a knife) with Intent to Kill Inflicting Serious Injury. During the sentencing hearing, the trial court found four prior convictions resulting in a prior record level III. Defendant was sentenced to serve three consecutive prison terms of: (1) thirty-three months minimum, forty-nine months maximum; (2) thirty-three months minimum, forty-nine months maximum; and (3) 115 months minimum, 147 months maximum. Defendant appeals.

II. Issues

The issues on appeal are whether: (1) the trial court erred in instructing the jury on "flight;" (2) the trial court correctly denied defendant's motion to dismiss on the charges of Assault with a Deadly Weapon (a 1993 Jeep Wagoneer motor vehicle) with Intent to Kill and Assault with a Deadly Weapon (a knife) with Intent to Kill Inflicting Serious Injury; and (3) the trial court erred in denying defendant's request for a jury instruction of self-defense for thecharge of Assault with a Deadly Weapon (a knife) with Intent to Kill Inflicting Serious Injury.

III. Jury Instruction on Flight

Defendant argues that the trial court erred in instructing the jury on the issue of "flight." He admits leaving the scene of the fight, but contends there was insufficient evidence to conclude his departure was "flight." We disagree.

Our Supreme Court has held that "jury instructions relating to the issue of flight are proper as long as there is `some evidence in the record reasonably supporting the theory that the defendant fled after the commission of the crime charged.'" State v. Allen, 346 N.C. 731, 741, 488 S.E.2d 188, 193 (1997) (quoting State v. Fisher, 336 N.C. 684, 706, 445 S.E.2d 866, 878 (1994), cert. denied, 513 U.S. 1098, 130 L. Ed. 2d 665 (1995)). Evidence that a person merely left the scene of the crime is not enough. State v. Thompson, 328 N.C. 477, 490, 402 S.E.2d 386, 392 (1991). The State must show the defendant took steps to avoid apprehension by the police. Id.

Here, Green and Voss testified that after Voss told defendant that she called the police, defendant hurriedly got in his car and fled the scene. Defendant did not render medical assistance or attempt to remove Green from the road. Defendant refused to meet with Detective Culbreth the night of the fight, tell her where he was, or disclose the location of his car. He did not turn himself in at the sheriff's department until three days later. Defendant attempts to explain his departure by contending he acted in self-defense and did not think he was at fault. He told Detective Culbreth that Green brought the knife and he did not remember driving Green's vehicle. However, our Supreme Court has held that "the fact that there may be other reasonable explanations for [the] defendant's conduct does not render the instruction improper." State v. Irick, 291 N.C. 480, 494, 231 S.E.2d 833, 842 (1977) (holding that "defendant's contention that his response to the fire was the natural response of a retarded person from an unexpected result does not negate the evidence of flight").

The record shows defendant "did more than merely leave the scene of the crime" and supports a finding that defendant was consciously aware of his guilt. State v. Lloyd, 354 N.C. 76, 120, 552 S.E.2d 596, 626 (2001); see also State v. Beck, 346 N.C. 750, 758, 487 S.E.2d 751, 757 (1997) (evidence sufficient to support instruction on flight where defendant shot victim, left residence without rendering any assistance or seeking to obtain medical assistance for victim, and told cab driver to leave area where he resided after seeing police vehicles there); Fisher, 336 N.C. at 706, 445 S.E.2d at 878 (evidence sufficient to warrant instruction on flight where defendant ran from scene and some hours later telephoned Winston-Salem Police Department and turned himself in); State v. Sweatt, 333 N.C. 407, 419, 427 S.E.2d 112, 119 (1993) (no error in instruction on flight where evidence showed that "shortly after the victim was murdered, defendant passed [a police officer] on the highway traveling at a very high rate of speed"). Ourreview of the transcript and record shows sufficient evidence to support the trial court's instruction to the jury on "flight." This assignment of error is overruled.

IV. Motion to Dismiss

Defendant asserts the trial court erred in denying his motion to dismiss on the charges of Assault with a Deadly Weapon (a 1993 Jeep Wagoneer motor vehicle) with Intent to Kill and Assault with a Deadly Weapon (a knife) with Intent to Kill Inflicting Serious Injury. We disagree.

In State v. Barnes, our Supreme Court reiterated the standard of review for motions to dismiss in criminal trials. 334 N.C. 67, 430 S.E.2d 914 (1993). The Barnes Court stated:

Upon defendant's motion for dismissal, the question for the Court is whether there is substantial evidence (1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant's being the perpetrator of such offense. If so, the motion is properly denied.

334 N.C. at 75, 430 S.E.2d at 918 (quoting State v. Powell, 299 N.C. 95, 98, 261 S.E.2d 114, 117 (1980)).

Evidence is...