State v. Hooks
| Decision Date | 06 October 2015 |
| Docket Number | No. COA15–212.,COA15–212. |
| Citation | 777 S.E.2d 133,243 N.C.App. 435 |
| Parties | STATE of North Carolina v. Matthew Ray HOOKS. |
| Court | North Carolina Court of Appeals |
Attorney General, Roy Cooper, by Special Deputy Attorney General, Grady L. Balentine, Jr., for the State.
Kimberly P. Hoppin, for defendant-appellant.
Matthew Ray Hooks ("Defendant") appeals from judgment after a jury convicted him of (1) misdemeanor child abuse; (2) manufacturing methamphetamine; (3) trafficking in methamphetamine; and, (4) thirty-five counts of possession of an immediate methamphetamine precursor. We find no error in Defendant's conviction or the judgment entered thereon.
Defendant, his girlfriend, Brandi Moss ("Moss"), and their eight-year-old son rented a mobile home from Sue Drye ("Ms. Drye"), Moss's mother, located in Concord, Cabarrus County, North Carolina. They were evicted for non-payment of rent, and Ms. Drye wanted them to move out by 16 October 2011. Ms. Drye owned a storage shed located on the property with the mobile home. She asked Defendant to clean his belongings out of the shed, because she wanted to rent the property to someone else. Defendant became angry, and responded, "Nobody better not [sic] touch my storage building." Defendant had previously secured the shed with a lock.
On 17 October 2011, Ms. Drye contacted Cabarrus County Sheriff's Department Detective Jamie Barnhardt ("Detective Barnhardt"). Ms. Drye stated "she had received information from somebody else that [Defendant and Moss] were cooking meth," and she wanted law enforcement "to come take a look" before she rented the mobile home to anyone else. Ms. Drye expressed concern that "if something [was] left behind, it would put others in danger[.]" Detective Barnhardt agreed to meet with Ms. Drye at the mobile home.
Detective Barnhardt and Ms. Drye walked through the mobile home, room by room. As they were walking outside toward the storage shed and the playhouse, a neighbor alerted them that a trash can between the two structures was smoking. Detective Barnhardt lifted the lid of the trash can and discovered a clear bottle filled with a bubbling, white "pasty, chalky substance." Detective Barnhardt testified he immediately knew this was "part of a meth [ ] cooking operation," based on his training and experience.
Detective Barnhardt notified his superiors, fire personnel, and the State Bureau of Investigation ("SBI"). The area was cordoned off as more personnel arrived and law enforcement awaited a search warrant, which provided for the immediate destruction of certain dangerous chemicals.
Law enforcement cut off the lock on the storage shed. Detective Barnhardt testified when they opened the doors, there was "an immediate chemical reaction," which caused "smoke and some type of gas leak" to emanate from within. More chemical releases occurred throughout the night as law enforcement recovered various items from the shed and the trash can.
Detective Barnhardt testified he saw agents remove several trash bags from the shed, which were filled with plastic bottles "that had tubing that was coming from the inside[.]" The bottles contained a "white, powderish-looking substance," consistent with what Detective Barnhardt had observed in the original bottle from the trash can. Law enforcement remained on the scene until all evidence was collected, tested by a chemist, and transported so it could be destroyed.
Two days later, Defendant was arrested and charged with one count of manufacturing methamphetamine and one count of misdemeanor child abuse. Detective Barnhardt observed Defendant had chemical burns and staining on his hands during the fingerprinting process of Defendant's arrest. Detective Barnhardt testified this staining was consistent with the staining he had observed on the walls of the storage shed.
On 31 October 2011, a grand jury indicted Defendant for manufacturing methamphetamine and misdemeanor child abuse. On 9 April 2012, a grand jury also indicted Defendant for: (1) forty counts of possession of an immediate methamphetamine precursor chemical with the intent to manufacture a controlled substance, methamphetamine; (2) maintaining a dwelling place for keeping and selling a controlled substance, methamphetamine; and (3) trafficking in methamphetamine by possession of more than 28 grams but less than 200 grams of methamphetamine.
On 30 April 2012, a grand jury indicted Defendant in fourteen separate superseding indictments for: (1) maintaining a dwelling place for keeping and selling a controlled substance, methamphetamine; (2) trafficking in methamphetamine by possession of more than 28 grams but less than 200 grams of methamphetamine; and, (3) forty counts of possession of an immediate methamphetamine precursor chemical, pseudoephedrine, with the intent to manufacture a controlled substance, methamphetamine. Defendant's case proceeded to trial before a jury on 19 August 2014.
Agent Stephanie Raysich ("Agent Raysich"), the North Carolina State Crime Lab forensic scientist who responded to the scene on 17 October 2011, testified as an expert in the investigation of clandestine manufacture of methamphetamine. Agent Carroll Pate ("Agent Pate"), a forensic scientist with the North Carolina State Crime Lab, took over the case after Agent Raysich became ill, and testified as an expert in forensic drug chemistry and the investigation of clandestine manufacture of methamphetamine.
Agent Pate explained this particular case involved manufacturing methamphetamine using the "one-pot" method. Agents Pate and Raysich both testified about numerous items observed at the scene that were consistent with the clandestine manufacture of methamphetamine, including: (1) 79 HC1 (hydrochloric acid gas) generators; (2) two empty one-gallon cans of Coleman fuel; (3) two empty cans of Drano; (4) one empty thirty-two-ounce plastic bottle of charcoal lighter fluid; (5) one empty twelve-ounce plastic bottle of power steering fluid; (6) numerous pieces of plastic and rubber tubing in various sizes and colors; (7) numerous pieces of white paper strips, some of which contained metal material consistent with lithium ; (8) empty lithium battery packaging; (9) numerous pieces of burned aluminum foil containing a brown-black powder residue; (10) empty box covers of instant cold packs and empty cold pack plastic bags; (11) four partial plastic straws containing a residue amount of white crystalline material; (12) one box of heavy duty aluminum foil; (13) two empty containers of salt; (14) an empty container of instant starting fluid; (15) a full container of muriatic acid; (16) two empty cans of drain cleaner; (17) a one-milliliter syringe; and, (18) several empty pseudoephedrine boxes and blister packs. Six items were seized for testing in the laboratory, including an old methamphetamine cooking vessel and items containing various residues. The remainder of the items seized at the scene were destroyed.
Agent Pate testified the total amount of pseudoephedrine present from the boxes and blister packs "would yield 18.9 grams methamphetamine at a one hundred percent theoretical yield." Agent Pate conducted a confirmatory test on a glass jar containing a blue sludge material. Agent Pate determined the material, which weighed fifty-one grams, contained either pseudoephedrine or ephedrine and an unknown amount of methamphetamine. The other items tested contained traces of methamphetamine, but not in sufficient quantities to weigh.
Becca Clontz ("Ms. Clontz") bought the mobile home from Ms. Drye, and moved in approximately six weeks after Defendant and Moss moved out. She testified one day she was cleaning the water heater closet and discovered a piece of paper containing what appeared to be a recipe for methamphetamine written on it. Ms. Clontz gave the piece of paper to Ms. Drye, and Ms. Drye subsequently turned it over to law enforcement. Ms. Drye and Moss were familiar with Defendant's handwriting, and both testified the handwriting on the piece of paper was that of Defendant's.
William Lanuto ("Lanuto") was a friend of Defendant and Moss. He testified he had seen Defendant "cook[ing] meth" in the storage shed. He stated he once saw a fire on Defendant's porch, which appeared to grow larger as rain fell on it. Lanuto testified he purchased pseudoephedrine for Defendant approximately twenty times, beginning in April 2011, with the understanding that Defendant was going to use the pseudoephedrine to "cook meth."
Lanuto admitted to using methamphetamine with Defendant in exchange for purchasing pseudoephedrine. Lanuto stated he helped Defendant pack and move out of the mobile home during October 2011. Lanuto testified Defendant was "[m]aking meth" throughout that weekend. Lanuto was charged with eleven counts of felony possession of a precursor chemical with the intent to manufacture methamphetamine in relation to this case.
Moss and Defendant no longer maintained a relationship at the time of trial. Moss stated she and Defendant engaged in a relationship for ten years, and parented a child together. Moss testified she had witnessed Defendant "cook methamphetamine" more times than she could count.
Moss admitted she bought pseudoephedrine in order to make methamphetamine and assisted Defendant in the process of manufacturing methamphetamine. At the time of trial, Moss had been charged with and pled guilty to the following charges: (1) manufacturing methamphetamine; (2) trafficking in methamphetamine; (3) eleven counts of possession of a precursor chemical with intent to manufacture methamphetamine; and, (4) misdemeanor child abuse. Moss was currently serving a ten- to thirteen-year term of imprisonment.
Michael Rimiller ("Mr. Rimiller"), a district loss prevention manager for Walgreens, testified about the regulations Walgreens followed with regard to the sales of pseudoephedrine. Mr. Rimiller stated individuals were required to produce a valid driver's license in order to purchase...
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