State v. Hicks
| Decision Date | 19 April 2022 |
| Docket Number | COA20-665 |
| Citation | 872 S.E.2d 152 |
| Parties | STATE of North Carolina, v. Wendy Dawn Lamb HICKS, Defendant. |
| Court | North Carolina Court of Appeals |
Attorney General Joshua H. Stein, by Assistant Attorney General Joseph L. Hyde, for the State.
Marilyn G. Ozer, Chapel Hill, for Defendant-Appellant.
¶ 1 Defendant Wendy Hicks ("Defendant") appeals from her conviction of second-degree murder. On appeal, Defendant contends the trial court erred by instructing the jury on the aggressor doctrine and committed plain error by allowing certain exhibits to be published to the jury without a limiting instruction. For the reasons stated herein, we reverse and remand for a new trial.
¶ 2 In September 2015, Defendant and the deceased, Caleb Adams ("Caleb"), met through their employment at Dart Container in Randleman, North Carolina. At the time, Caleb was married to Dana Adams ("Dana") and the couple had three children together. Three weeks after they met, Defendant and Caleb began an intimate relationship in which they would meet at a warehouse to have sexual intercourse. Caleb and Defendant maintained their affair from September 2015 until Caleb's death on June 13, 2017.
¶ 3 While employed at Dart Container, Caleb maintained sexually intimate relationships with several women. At some point, one of the other women discovered Caleb's infidelity and argued with him, causing an internal investigation. Thereafter, Caleb obtained employment at Murphy Trucking. Caleb told his wife, Dana, he obtained employment at Murphy Trucking because Dart Container had changed its policies. Defendant and Caleb had a tumultuous relationship and had several vehement arguments. During their relationship, they frequently referred to each other in a vulgar manner. The Record is replete with text-messages between Defendant and Caleb that reflect the ardent nature of their relationship.
¶ 4 In early 2017, Caleb1 and Defendant began taking methamphetamine together. Caleb introduced Defendant to methamphetamine and taught her how to smoke it. Upon the arrest of Caleb's methamphetamine supplier, Defendant introduced Caleb to a man named "Doug." Defendant testified that, after a while, she began performing oral sex on Doug at Caleb's instruction, to pay for the methamphetamine. According to Defendant's testimony, consuming methamphetamine affected Caleb's emotional state. Specifically, Defendant stated the methamphetamine consumption caused Caleb to become angry.
¶ 5 Beginning in May and June 2017, Dana noticed significant changes in Caleb's behavior. For example, on May 22, 2017, the husband and wife exchanged text messages concerning his whereabouts, in which Dana asked Caleb where he was sleeping because she noticed his sleep habits had changed. A few days later, the couple exchanged angry text messages about a picture Defendant posted on Facebook depicting Defendant and Caleb kissing. Around this same time, Defendant began placing anonymous calls to Dana. On the morning of June 8, 2017, Defendant informed Dana that she and Caleb were having an affair. On June 11, 2017, Caleb was helping one of his children work on a boat when he received a phone call. After receiving the call, Caleb left the family's residence and did not return for approximately ten hours. The following morning, Dana discovered Caleb had slept in their camper rather than the bed they usually shared.
¶ 6 During the week of June 12, 2017, Defendant and Caleb had several arguments, including an argument regarding a photograph of the couple kissing that she had posted to the social media networking site, Facebook. Defendant also testified Caleb was upset and angry because his supplier had raised the price of methamphetamine and he was concerned about owing people money.
¶ 7 On the morning of June 12, 2017, Caleb was not at the couple's residence when Dana woke up. When she called him, Caleb told his wife he was at work and would be home that evening. Rather than going to work, however, Caleb traveled to Defendant's residence in the early morning. At trial, Defendant's daughter, April,2 testified that she was awakened by Defendant and Caleb arguing that morning. According to April's testimony, Caleb slung the door to their residence open, causing the door to hit a baby gate that Defendant had in place for her household pets. Caleb proceeded to enter the home and to scream profanities and threats at Defendant. April heard Caleb say, "I've never hit a bitch but you're pushing me to bust your damn head" and that Defendant was ruining his life and his family. April sent messages to her boyfriend describing the events as they occurred because she was afraid. At some point that morning, Defendant managed to get Caleb to calm down, and he left the residence.
¶ 8 That evening Caleb sent text messages to Defendant. Defendant replied that she would leave his drugs on the nightstand in her bedroom, and around 9:15 p.m. Caleb picked up his drugs. Around 11:30 p.m., Defendant threatened to send sexually explicit photographs to Dana to expose Caleb's affair. Approximately half an hour later, around midnight, Defendant called Dana, identified herself, and told her that she and Caleb were having an affair. Defendant also told Dana that Caleb was using recreational drugs. During the conversation, Defendant told Dana she and Caleb had been arguing and asked if he was ever a violent person. Defendant explained that Caleb had threatened her and that she was concerned for her safety.3 Dana was not aware of Caleb's behavior on the morning of June 12, 2017. Dana told Defendant that Caleb had never been violent with her and stressed that he needed assistance with his substance abuse.
¶ 9 Later that evening, an unknown and unidentified man arrived at Defendant's residence. He stood in Defendant's yard and yelled, "[W]here's Caleb?" Defendant informed the man that Caleb was not at her residence, and the man instructed Defendant to tell Caleb to "call his people." In response, Defendant began calling Caleb repeatedly. Caleb's reply text stated, "You'll be lucky you don't end up in a ditch."
¶ 10 In the early morning hours of June 13, 2017, Defendant and Caleb engaged in one of their episodic arguments. At 5:58 a.m. Caleb texted Defendant, and Defendant called him in response. During this conversation, Caleb told Defendant he was on the way to her house. Defendant told Caleb not to come to her house. Defendant texted Caleb at 6:14 a.m. not to come to her house as people were "looking for [him.]" Caleb ignored Defendant's directive to stay away from her home.
¶ 11 At 6:28 a.m., Defendant received a text message from Caleb that said, "Fuck you." Also, at 6:28 a.m., Defendant texted Doug that Caleb was at her residence. Immediately after Defendant sent that text, Caleb stormed into Defendant's home in an enraged state, located her in her bedroom and demanded that she give her phone to him. At first, Defendant refused to allow Caleb to search her cellphone, but acquiesced when Caleb picked her firearm up off the nightstand and pointed it at her. After searching her phone, Caleb threw it at Defendant. Caleb then turned to leave Defendant's bedroom with her firearm, but she told Caleb that he could not leave with the gun and requested that he leave it at her residence. In anger, Caleb threw the gun down on the nightstand beside Defendant's bed. Defendant picked her firearm and her cellphone up before attempting to exit her bedroom. However, when Defendant tried to leave the bedroom, Caleb began pushing, punching, kicking, and shoving her. Defendant testified at that moment, she thought she was going to die, and that Caleb would hurt her family.
¶ 12 April testified that she heard Caleb burst into the home and slam the door, as he had done the previous morning.4 April also heard Caleb tell Defendant he was going to kill her, and she could hear that they were engaged in a physical struggle violent enough to move furniture. During the altercation with Caleb, Defendant fired two shots. The bullets entered Caleb's back. At 6:30 a.m., approximately two minutes after Caleb entered the residence, Defendant called 911 and told the operator that she had shot Caleb.
¶ 13 When law enforcement arrived at Defendant's trailer, they immediately entered the residence. It was apparent that Caleb had died before law enforcement arrived. Law enforcement found a key that fit the front door of Defendant's home next to Caleb's leg. In his pocket, officers found a glass pipe. Officers also found a white substance on Caleb's person and in his truck. The substance tested positive for methamphetamine. At trial, a toxicologist reported that Caleb's blood level for methamphetamine was 1.5 milligrams per liter and the amphetamine level was .12 milligrams per liter. The toxicologist further testified to the effects of methamphetamine, including that it can cause heightened alertness, aggression, paranoia, violence, and sometimes psychosis.
¶ 14 On July 11, 2017, Defendant was indicted on one count of second-degree murder. Defendant's trial began on November 18, 2019. At the charge conference, defense counsel objected to an instruction on the aggressor doctrine, arguing that the evidence presented did not give any inference Defendant was the aggressor. Defendant's objections were overruled, and the trial court instructed the jury on the aggressor doctrine as an element of self-defense. The jury subsequently convicted Defendant of second-degree murder. Defendant timely gave notice of appeal in open court.
¶ 15 On appeal, Defendant argues the trial court (1) erred in instructing the jury on the aggressor doctrine; and (2) plainly erred in admitting Exhibits 174 and 175.
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