State v. Hamilton

• Decision Date: 03 November 1994
• Docket Number: No. 217A93,217A93
• Citation: 449 S.E.2d 402,338 N.C. 193
• Parties: STATE of North Carolina v. Ralph Edwin HAMILTON.
• Court: North Carolina Supreme Court

Page 402

449 S.E.2d 402

338 N.C. 193

STATE of North Carolina v. Ralph Edwin HAMILTON.

No. 217A93.

Supreme Court of North Carolina.

Nov. 3, 1994.

Michael F. Easley, Atty. Gen. by Valerie B. Spalding, Asst. Atty. Gen., for the State.

J. Kirk Osborn, Chapel Hill, for defendant-appellant.

MEYER, Justice.

Upon a proper indictment, defendant Ralph Edwin Hamilton was tried capitally, convicted of first-degree murder of his wife, Marva Hamilton, and sentenced to life imprisonment. On appeal defendant brings forth three assignments of error: that the trial court committed reversible error in instructing on sanity and soundness of mind, that the trial court committed reversible error in instructing that intent may be inferred from diminished mental capacity and intoxication, and that the trial court erroneously denied defendant's requested jury charge on the burden of proof. We conclude that defendant's trial was free of prejudicial error and therefore affirm his conviction of first-degree murder.

At trial, the State's evidence tended to show the following:

Around 4:00 p.m. on 2 July 1991, Eric Cherry, a second-shift employee at UNC Hospitals in Chapel Hill, North Carolina, left work and walked toward Parking Lot F at the Dean E. Smith Center. Cherry entered his vehicle and began backing out of the parking space when he heard a popping noise. Believing that one of his tires had burst, Cherry drove forward to see if he could determine which tire had malfunctioned. At the same time he heard another popping noise. Convinced that nothing was wrong with his car, he proceeded to drive around the parking lot to determine whose car had malfunctioned. He noticed a man, later identified by Cherry as defendant, standing over a woman, later identified as the victim Marva Hamilton, who was lying face down on the ground. Cherry stopped his car and witnessed defendant raise a gun and fire at the victim's head from a distance of about one foot. Cherry noticed that a grey station wagon was parked directly behind a white truck. The driver's doors of both vehicles were open. As Cherry watched, defendant shot the victim three more times. At some point during the shooting defendant stared directly at Cherry. As defendant walked toward the station wagon, Cherry copied down the car's license plate number, then drove away. When he looked back to see where defendant was, Cherry saw him return to the victim's body and shoot her again. Defendant then entered the station wagon and sped out of the parking lot.

Cherry proceeded straight to the police station where he talked with an officer and followed him back to the crime scene. Cherry had seen the victim before and knew that the white truck was the vehicle she usually drove.

Denise Johnson, who was employed by UNC Hospitals on 2 July 1991 in the same department as the victim, was returning to her car in Parking Lot F around 4:00 p.m. Upon reaching the parking lot, she saw somebody struggling and then heard a noise similar to a car backfiring. She looked around and saw people diving for cover on the steps leading down to the parking lot. Upon hearing more shots, she hid beneath a car. Looking under the cars, she could see someone's feet in a position indicating a body was prone on the ground. Johnson heard someone drive away and then return, followed by additional gunfire. After the car drove away a second time, Johnson approached the feet and found the victim on the ground, with a pool of blood behind her head. The victim had a weak pulse and her eyes were dilated. Her car keys were at her side. Johnson immediately yelled for help.

Deborah Ware, a UNC Hospitals employee, was entering the parking lot at the time of the shooting. She heard a shot and witnessed a man standing over a person and pointing a gun at the person's head. Ruthanne Wheeler, a registered nurse at the hospital, was also returning to the parking lot at the time of the shooting. Upon entering the lot, she heard someone yell for a doctor or nurse. Wheeler went to the victim and attempted to perform mouth-to-mouth resuscitation. There was a considerable amount of blood and an apparent wound to the victim's head. Elizabeth Nicotra, a registered nurse who was accompanying Wheeler, assisted in rendering first aid. During a search for some identification, Nicotra found the victim's purse in the truck. She also discovered that the truck's right rear tire was flat.

Rodney Carter, criminal investigator with the UNC Department of Public Safety, arrived at the crime scene at 4:37 p.m. He found the driver's door of the victim's truck open. Inside the truck were bookbags, keys and a hospital pager. The truck's right rear wheel was flat. The wheel was later checked for punctures and found to have none. Carter recovered two bullets from the asphalt beneath the victim's body. He also recovered bullet fragments from the hospital following the victim's autopsy. During a subsequent search of defendant's car, he recovered one unfired .22-caliber bullet and three .22-caliber casings. Subsequent examination of these items at the SBI laboratory revealed that all of the recovered casings were fired from the same .22-caliber gun. Furthermore, a projectile recovered from the victim's brain was identified as a .22-caliber bullet.

An autopsy of the victim revealed two gunshot wounds to the head, either of which was potentially fatal, as well as bruises and abrasions on the head. The autopsy further revealed gunshot wounds to the victim's hands, which according to forensic pathology expert Deborah L. Radisch, M.D., appeared defensive in nature.

At the time of the shooting, Hildegarde ("Peggy") Slade lived at Tar Heel Manor, an apartment complex in Carrboro. She was familiar with defendant because he had been living in the same complex with the victim and their daughter. Several days before the shooting, Peggy saw the victim at the apartment complex retrieving clothes for the children.

After the victim and defendant separated, defendant visited Peggy's apartment daily. Peggy noticed defendant had a drinking problem and had persuaded defendant to attend Alcoholics Anonymous.

On 2 July 1991, defendant called Peggy to inform her he was coming to town from Greensboro. He arrived at her apartment around 9:00 a.m. with a twelve-pack of beer. While at the apartment, defendant consumed eight beers. Defendant began speaking of the victim and of how he wanted her to return. As the morning progressed, Peggy noticed defendant becoming angry. Defendant indicated that he thought the victim was having a relationship with a man named George. At Peggy's suggestion, defendant went to his own apartment around noon. Around 3:00 p.m. on the same day, Peggy saw defendant putting clothes into his grey station wagon. Defendant informed her that he was going to Greensboro and that she would not see him again.

Thomas Slade was a fishing companion of defendant. Around 4:45 p.m. on 2 July 1991, Thomas returned home from work. At about 5:10 p.m. he received a collect telephone call from defendant in Greensboro. Defendant informed Thomas that he had just shot his wife four or five times and that he needed Thomas to call the hospital to determine her condition. Defendant gave him a number to call in Greensboro and said that he was planning to go to Georgia.

Upon telephoning the hospital, Thomas was given no information about the victim's condition but was asked to contact the victim's family as quickly as possible. Thomas was able to reach one of the victim's brothers; however, there was no answer at the number given to him by defendant. On the same evening, defendant telephoned William Mack in Greensboro and informed him he had shot his wife. At defendant's direction, Mack called the hospital and discovered the victim was in critical condition. Mack asked defendant to come to his house and defendant complied. When defendant arrived, Mack said that he appeared "out of it" and was crying. Defendant told Mack that he went to the parking lot to talk to the victim. When he approached the victim, she reached into the truck and defendant thought she was retrieving a gun. In reaction, defendant started shooting. Mack called the 911 emergency number in Guilford County to divulge defendant's location. When defendant said that he was not going to wait for the police to arrive, Mack called 911 a second time. Shortly thereafter, police officers arrived at Mack's home and took defendant to the Greensboro Police Department.

Detective Clay Williams of the UNC police took defendant into custody at the Greensboro Police Department and transported him to Chapel Hill. At the time of arrest, defendant smelled strongly of alcohol. When Williams attempted to read the arrest warrant to defendant, defendant passed out. Williams determined that defendant's condition rendered him incapable of understanding his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Upon arrival in Chapel Hill, Williams discovered that the victim had died. When Williams informed defendant of the victim's death, defendant fainted.

Evelyn Hamilton, defendant's sister, testified that defendant called her around 10:00 p.m. on 1 July 1991. Defendant informed Evelyn Hamilton that he needed the gun he had recently given her because he was scared that his wife's brothers were going to do something to him. Evelyn Hamilton informed defendant that she no longer had the gun.

Defendant presented the following evidence:

Billy Williamson Royal, M.D., a forensic psychiatrist accepted as an expert in his field, testified that he conducted three interviews with defendant in September 1992 and October 1992. He also had examined various documents pertaining to defendant's school record, his treatment at Dorothea Dix Hospital and records of his attorney's interviews with members of his family. Based on his examination, Royal made several diagnoses with regard to defendant's mental state on 2 ...