State v. Long, 24544

Decision Date03 October 1996
Docket NumberNo. 24544,24544
Citation480 S.E.2d 62,325 S.C. 59
CourtSouth Carolina Supreme Court
PartiesThe STATE, Respondent, v. Jerome LONG, Appellant. . Heard

Senior Assistant Appellate Defender Wanda H. Haile of S.C. Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Robert F. Daley, Jr., Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.

BURNETT, Justice:

Appellant was convicted of murder and sentenced to life imprisonment.

ISSUES

1. Did the trial judge err by failing to direct a verdict of acquittal because the evidence established self-defense as a matter of law?

2. Did the trial judge err by refusing to instruct the jury on defense of others?

DISCUSSION
I.

Appellant argues the trial judge erred by failing to direct a verdict of acquittal because the evidence established self-defense as a matter of law. He contends he was entitled to a directed verdict on self-defense because the evidence presented was similar to that in State v. Hendrix, 270 S.C. 653, 244 S.E.2d 503 (1978). We disagree.

When ruling on a motion for a directed verdict, the trial judge is concerned with the existence of evidence, not its weight. When this Court reviews the denial of a motion for a directed verdict, it views the evidence in the light most favorable to the non-moving party, and if there is any direct or substantial circumstantial evidence which reasonably tends to prove the guilt of the accused or from which guilt may be fairly and logically deduced, refusal by the trial judge to direct a verdict is not error. State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996); State v. Stokes, 299 S.C. 483, 386 S.E.2d 241 (1989).

To establish self-defense, the defendant must establish (1) he was without fault in bringing on the difficulty; (2) he actually believed he was in imminent danger of losing his life or sustaining serious bodily injury; (3) a reasonably prudent person of ordinary firmness and courage would have entertained the same belief; and (4) he had no other probable means of avoiding the danger. State v. Bruno, --- S.C. ----, 473 S.E.2d 450 (1996); State v. Davis, 282 S.C. 45, 317 S.E.2d 452 (1984). However, a person attacked on his own premises, without fault, has the right to claim immunity from the law of retreat. State v. Sales, 285 S.C. 113, 328 S.E.2d 619 (1985).

Viewing the testimony in the light most favorable to the State, the evidence is as follows. Appellant lived with his wife and her four children. Appellant's wife and others testified that prior to the day of the shooting, appellant 1 stated he would kill Ronald, appellant's twenty-one year old stepson who did not live in appellant's home, if he came into the home. On the day of the shooting, appellant told his eleven-year-old stepson, Chris (Ronald's brother), he had called the police and reported Ronald had stolen a bicycle. Chris left appellant's home and told Ronald about appellant's statement. Chris accompanied Ronald back to the home. Appellant was in his bedroom with the door closed. Ronald beat on the bedroom door with a baseball bat and argued with appellant through the door about appellant's telephone call to the police. Appellant opened the door and immediately shot Ronald once in the chest, killing him. According to eyewitnesses Chris and Matilda, appellant's stepdaughter (Ronald's sister), Ronald had the baseball bat down at his side after using it to knock on the door; Ronald did not threaten appellant with the bat.

Appellant testified he was afraid of Ronald when he used illegal drugs. A police officer testified that, after the shooting, appellant told him Ronald "came in [appellant's home] in an erratic mode, as if he was high." Appellant offered no corroborating evidence Ronald actually used drugs.

Appellant further testified that on the day before the shooting, Ronald had come to his home carrying a handgun. Appellant called the police, but Ronald left before the police arrived. Consequently, the specifics of this incident were not confirmed by the police report.

Appellant admitted he had a conviction for discharging a firearm into a dwelling. He stated he had previously been beaten with a baseball bat and, as a result, was afraid of people with baseball bats.

While self-defense can be inferred even from the State's version of the evidence, the evidence of self-defense is not conclusive. Whether appellant actually believed he was in imminent danger of losing his life or sustaining serious bodily injury and whether an ordinary person would have entertained the same belief were questions for the jury. Accordingly, the trial judge properly refused to direct a verdict in appellant's favor based on self-defense. State v. Starnes, 213 S.C. 304, 49 S.E.2d 209 (1948) (in homicide prosecution of defendant who was in his own home when deceased was killed, where there was some testimony defendant was venting a grudge, defendant's claim of self-defense was for the jury).

Furthermore, the evidence presented at appellant's trial is not similar to that presented in State v. Hendrix, supra. In Hendrix, the victim and Mr. Hendrix had a poor relationship. Early on the day of the shooting, the victim told Mr. Hendrix "they were going to have to fight to settle this thing." Later, the victim, while intoxicated, drove to Mr. Hendrix's property. While pointing a shotgun, Mr. Hendrix warned the victim to "back off." The victim returned to his truck, obtained a shotgun, and...

To continue reading

Request your trial
38 cases
  • State v. Cherry, 3406.
    • United States
    • Court of Appeals of South Carolina
    • November 13, 2001
    ...... It has long been the law in this State that a criminal conviction based upon circumstantial evidence is subject to strict judicial scrutiny. This is so not ......
  • State v. Cherry
    • United States
    • Court of Appeals of South Carolina
    • February 12, 2001
    ......604, 817 353 S.C. 281 P.2d 1246, 1250 (Ct.App.1991) ("[W]here there was no evidence of the concentration of the drug, and no evidence of how long it would normally take a single drug user to consume a given quantity, the weight of the amount recovered could not in itself enable a fact finder to ......
  • State v. Santiago
    • United States
    • Court of Appeals of South Carolina
    • June 19, 2006
    ......Bryant, 336 S.C. 340, 344-45, 520 S.E.2d 319, 321-22 (1999); State v. Wiggins, 330 S.C. 538, 545, 500 S.E.2d 489, 493 (1998); State v. Long, 325 S.C. 59, 62, 480 S.E.2d 62, 63 (1997); State v. Bruno, 322 S.C. 534, 536, 473 S.E.2d 450, 451 (1996); State v. Goodson, 312 S.C. 278, 280, ......
  • Long v. Ozmint
    • United States
    • U.S. District Court — District of South Carolina
    • March 31, 2008
    ......94-GS-38-1354) and given a life sentence. The Supreme Court of South Carolina affirmed the conviction and sentence on direct appeal. State v. Long, 325 S.C. 59, 480 S.E.2d 62 (1997). The petitioner filed his first application for post-conviction relief (Case No. 95-CP-38-833) in December ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT