State v. McCormick
| Docket Number | COA22-690 |
| Decision Date | 05 July 2023 |
| Parties | STATE OF NORTH CAROLINA v. MARKUS ODON MCCORMICK |
| Court | North Carolina Court of Appeals |
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Heard in the Court of Appeals 24 May 2023.
Appeal by defendant from judgments entered 2 July 2021 by Judge Thomas H. Lock in Cumberland County Superior Court Nos. 19 CRS 3012, 19 CRS 54261-62, 19 CRS 51622
Attorney General Joshua H. Stein, by Assistant Attorney General A. Mercedes Restucha-Klem, for the State.
Joseph P. Lattimore for defendant.
Markus Odon McCormick ("defendant") appeals from judgments convicting him of two counts of human trafficking, five counts of promoting prostitution, and possession with intent to sell or deliver cocaine. For the following reasons, we find no error.
On 18 January 2019, the Fayetteville Police Department conducted a traffic stop of an unregistered vehicle containing "Lisa,"[1] Jason Godwin[2] ("Godwin"), and Godwin's father. Lisa appeared "[d]irty, disheveled [and] anxious[,]" and indicated that she needed help and was addicted to drugs. Officer Kelton Glorfield ("Officer Glorfield") transported Lisa to the Cross Creek Substation and initiated the paperwork for her to begin a rehabilitation program and receive treatment for her addictions.
Officer Glorfield began to suspect Lisa was a victim of human trafficking when she indicated that she didn't pay for drugs, and her story differed from the story told by Godwin to Sergeant Cochran. Officer Glorfield contacted Sergeant Everett Hockenberry ("Sergeant Hockenberry") of the Human Trafficking Unit after Officer Glorfield transported Lisa to the "Roxy Center" and provided her with information on the Law Enforcement Assistance ("LEAD") program, "a program specifically designed to help divert victims of trafficking who are involved in prostitution" to help "get them out of the life[.]" Lisa's case was assigned to Detective Sasha Graham ("Detective Graham").
Detective Graham interviewed Lisa the next day. During Lisa's interview, she recounted how she became involved with prostitution and her relationships with Godwin, defendant, and Maranda Justice ("Ms. Justice").[3] Lisa stated she became "stranded" in September 2018, after being brought to Fayetteville by "Mr. Torres[,]" an individual who provided her with drugs in exchange for sexual services. From there, Lisa was introduced to several individuals she had sex with in exchange for drugs, including Godwin, who subsequently introduced her to defendant.
Detective Graham was able to corroborate Lisa's story using "Spotlight," a law enforcement database to aid with human trafficking investigations and help locate individuals posted to the internet to solicit sexual services. After using the information provided by Lisa, including the fact that her "cover name" was "Zoey[,]" and she was taken to various hotels for prostitution, Detective Graham located an ad of Lisa and another woman named "Layla" posted to Skip the Games on 20 December 2018, advertising for "services . . . they were willing to provide." The ad contained a description of the women, their availability and location, information for "in and out calls[,]" "social activities[,]" whether they were "groomed down below[,]" and a phone number to contact.
Next, Detective Graham contacted the administrators of Skip the Games to receive the account information of the individual who posted the ad and executed a search warrant to Google to identify who the email address belonged to. From there, Detective Graham visited the hotels Lisa described and located a receipt in the names of Godwin and Ms. Justice for 20 December 2018 for the Roadside Inn. At that point, Detective Graham issued arrest warrants to defendant, Ms. Justice, and Godwin.
On 4 February 2019, defendant and Ms. Justice were located in their vehicle at a Buffalo Wild Wings parking lot and arrested. While approaching the vehicle, Officer Glorfield observed defendant motion quickly "to the right of the car . . . as if he was throwing something [away]." Based on Officer Glorfield's observations, defendant appeared to be "[t]hrowing something over to [Ms. Justice's] side of the vehicle" in "a quick reaction to get rid of something." In addition, "Ms. Justice had plastic bags containing [heroin, cocaine, and marijuana] on her lap."
On 10 February 2020, defendant was indicted by a Cumberland County Grand Jury with two counts of human trafficking against Lisa, multiple counts of promoting prostitution by receiving profits and solicitation regarding Lisa and Ms. Justice, possession with intent to sell or deliver heroin, possession with intent to manufacture, sell, or deliver marijuana, possession of marijuana, and attaining the status of habitual felon. The matters came on for trial on 21 June 2021 in Cumberland County Superior Court, Judge Lock presiding.
At trial, defendant was represented by counsel until choosing to proceed pro se. Lisa testified for the State and her pre-trial interviews with Detective Graham, Sergeant Hockenberry, and Detective Hutchens were admitted on cross-examination as Defense Exhibits 12, 13, and 14. During Lisa's testimony, she recalled being introduced to defendant by Godwin around November 2018. She testified that, initially, defendant provided her with drugs for free and described "all of these awesome [and] amazing things for [her] [to do] with [Ms. Justice]." Additionally, he promised to help her get a car and return to her family in Wilmington.
During this time with defendant, Lisa stated she "was high all of the time" and provided with drugs by defendant, including "[c]rack, heroin, [and] spice." Lisa testified further that defendant "promise[d] [her] a supply of drugs if [she] stayed with him[.]" However, Lisa indicated that neither her nor Ms. Justice were "ever allowed to hold" or portion the drugs, as defendant controlled the amount they received and when they could receive it.
Shortly after meeting, defendant explained how Lisa could start "earn[ing] [her drugs]" by working for him the way Ms. Justice did. At that point, defendant began posting images of Lisa to Skip the Games where she was advertised for sexual services, despite being told that "[she] wouldn't have to have sex with anyone[.]" Defendant arranged the "dates" to perform, set the prices, and relayed the sexual acts to provide. Lisa's testimony further established "[she] never touched the money" or communicated with "the buyers." As time passed, defendant became Lisa's "pimp." She also confirmed that defendant booked hotel rooms for her to engage in prostitution at the Roadside Inn, including on the dates of 16 and 17 January 2019.
Ms. Justice also testified for the State. Prior to meeting defendant, Ms. Justice was addicted to drugs but never "worked as a prostitute" or posted online to solicit sexual services. The first night they met, defendant gave her $20 "to go get whatever [drug] [she] wanted." The next time she saw defendant, he was persistent in his attempts to get her "to go with him[,]" until she eventually relented. That same night, defendant stated, "he wanted [her] to post" advertisements to a website titled "Skip the Games" and work as "a call girl."
Shortly thereafter, Ms. Justice engaged in nearly five or six "dates" per day where she provided sexual services in exchange for money due to the ads posted by defendant. Defendant supplied Ms. Justice with drugs, crafted the language for the ads, received the money, and paid for the hotel rooms. Furthermore, Ms. Justice testified that at one point defendant suggested a "fee arrangement" that included her giving him "20 on a quick visit, 40 on a half hour, [and] 60 on an hour" so "he could have other girls around."
Ms. Justice also confirmed that her and Lisa engaged in a "two-girl special" at the Roadside Inn on 20 December 2018, and her "cover name" was "Layla." Ms. Justice further recalled that on 27 January 2019, she was working as a prostitute at a hotel in Raleigh when defendant received the money. Ms. Justice also testified that defendant asked her to get a tattoo of his name, and "he would get [hers]" although he never did. Ms. Justice's tattoo is on her top left shoulder and reads "Markus M."
The testimonies of Ms. Whitley and Ms. Nash were also offered by the State for the purposes of showing identity and to illustrate defendant maintained "a plan, scheme, system, or design involving the crimes charged[.]" Ms. Whitley met defendant in 2014 or 2015, while he was in a relationship with her daughter. During the relationship, Ms. Whitley's daughter "became more distant[,]" "strung out on heroin" and "began to prostitute" herself.
Ms. Whitley described multiple interactions with defendant including a time her daughter was detoxing at the Cape Fear Valley hospital, and defendant showed up "to retrieve her." Ms. Whitley "begged [defendant] not to take her" and "to please just . . . leave her alone" so she could receive treatment. Defendant "convinced [Ms. Whitley's daughter]" to go with him to his car "just to talk[,]" but they left the hospital. Because Ms. Whitley knew they were going to her home to get the car she allowed her daughter to use, she arrived first and removed the plates from the vehicle. When they arrived "[m]oments later[,]" her daughter began "yelling at [her]."
Ms Whitley continued to beg defendant not to take her daughter, but he refused. Defendant asserted "he loved her" daughter and she was leaving with him voluntarily. During the...
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