State v. McCullers

• Decision Date: 28 July 1995
• Docket Number: No. 554A93,554A93
• Citation: 341 N.C. 19,460 S.E.2d 163
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Sticardo M. McCULLERS.

Page 163

460 S.E.2d 163

341 N.C. 19

STATE of North Carolina v. Sticardo M. McCULLERS.

No. 554A93.

Supreme Court of North Carolina.

July 28, 1995.

Michael F. Easley, Atty. Gen. by Daniel F. McLawhorn, Sp. Deputy Atty. Gen., for State.

Harry C. Martin, J. Matthew Martin, and Alan B. Martin, Hillsborough, for defendant-appellant.

PARKER, Justice.

Indicted for the first-degree murder of Edward Wayne Clopton ("victim") in violation of N.C.G.S. § 14-17, defendant was tried capitally. The jury found defendant guilty of first-degree murder on the theory of felony murder with the underlying felony being robbery with a dangerous weapon. Following a capital sentencing proceeding, the jury recommended that defendant be sentenced to life imprisonment; and the trial court entered judgment accordingly. The jury also found defendant guilty of robbery with a dangerous weapon. The conviction for robbery with a dangerous weapon also being the underlying felony supporting the first-degree murder conviction, the trial court arrested judgment on this conviction.

At trial the State's evidence tended to show that around 9:00 p.m. on 2 July 1992, defendant, Brian Walker, Brian Barbour, Harry Tate, and William Whitley left Clayton, North Carolina, and drove into Raleigh, North Carolina. The group began the evening by looking for someone to assault and rob near the Tower Shopping Center. The group spotted a man walking alone a few blocks from the shopping center and attacked him with baseball bats. The group then stole money and cocaine from the man. During this attack, Harry Tate was accidentally hit in the head with a baseball bat and began to bleed.

The group took Tate to Wake Medical Center; but Tate having stopped bleeding, the group left after a few minutes. The boys then began looking for a store where they could get alcohol. They were unsuccessful, so they drove to "Putt-Putt," where they met some girls who agreed to buy them alcohol. After they drank the alcohol, the group drove to a Waffle House to get something to eat. The group then began looking for someone else to assault and rob. The group wanted to injure someone so that person could suffer like Tate was suffering. They spotted the victim walking in the parking lot of Johnny's Motor Lodge.

Defendant, Tate, Walker, and Whitley attacked the victim. Defendant hit the victim on the head with a bat; the victim fell down, and everybody but defendant jumped on the victim, trying to take his money. At least $3.00 was stolen from the victim by Walker. The evidence showed that defendant and his friends were back in Clayton by 2:15 a.m. on 3 July 1992.

The victim was found lying in the parking lot on 3 July 1992 around 5:30 a.m.; he was still alive. The victim was taken to Wake Medical Center and treated for his injuries. He had brain surgery on two occasions and died on 21 July 1992 from blood clots in his lungs. The victim's cause of death was attributed to the injuries he sustained when attacked by defendant and his friends.

On 5 July 1992 Alice Perry, Whitley's sister, called the Clayton Police Department to report her brother's involvement in the beating and robbery of two men in Raleigh on 2 July 1992. Perry had become concerned when she heard Whitley telling Perry's young child about beating people in motels and stores and that the child could "get paid" at motels and stores. Whitley had also described a beating to Perry's son, the circumstances of which were similar to the beating of the victim in this case.

Defendant presented evidence at trial that he was with his girlfriend and her mother until 10:45 on the night of the murder. Defendant also presented evidence that Brian Barbour, who testified about the events of that night, was actually with his girlfriend on the night of the murder, not in Raleigh, and that the victim was still alive at 2:30 a.m.

Additional facts will be addressed as necessary to the understanding of a particular issue.

Defendant first assigns error to the trial court's denial of his motion to suppress inculpatory statements made by defendant to police officers. Prior to trial defendant filed a written motion to suppress. A voir dire on the motion was held on 26 and 27 May 1993. The trial court, after making findings of fact and conclusions of law, denied defendant's motion.

Before this Court defendant argues that the incriminating portion of defendant's statement was the product of fear or hope, violated defendant's state and federal constitutional rights, and was, hence, inadmissible. Defendant bases his argument on statements made by Detective J.W. Howard of the Raleigh Police Department while questioning defendant. During the interview the following occurred:

Q. Who knocked the man down?

A. All of us.

Q. All of us. You are going to jail. I'm not gonna sit here and tell you a lie, okay. You're going to jail. You are gonna be charged with murder. What's gonna be to your favor is for you to tell the truth and that's all we want is the truth.

A. So you're saying either way, I'm going to jail?

Q. No, but there's a big difference. Don't you think a Judge ...

A. But that's what you just said.

Q. Listen to me. Don't you think a Judge, a jury and society will look upon you much better, if you say, I didn't mean to kill the man, I didn't know he was gonna die, than [for] you to sit there and keep denying that you done it, when I've got all these other witnesses that say you did. Which way looks the best for you? That's what I'm telling you. And you need to make it look as good for you as you can, because you're in deep trouble. Did you mean to kill the man? That's number one. Did you mean to kill him?

Defendant also argues that Howard's swearing at him rendered defendant's confession involuntary.

In determining whether a defendant's confession is voluntarily made, this Court considers the totality of the circumstances. State v. Corley, 310 N.C. 40, 47, 311 S.E.2d 540, 545 (1984). In the present case evidence pertaining to the circumstances surrounding defendant's statement tends to show the following.

On 28 July 1992 the Raleigh Police Department Major Crimes Task Force was investigating the victim's murder. Pursuant to this investigation, at approximately 10:00 p.m. on that date, Detective W.A. Blackmun, Detective M. Bissette, Sergeant W. Gardner, and another uniformed officer went to defendant's residence. Blackmun and Bissette went to the door and asked to speak to defendant. Defendant told the detectives he wanted to talk outside on the porch. While talking to the law enforcement officials on the porch, defendant was asked if he would come downtown to talk, and defendant said he would. Defendant accompanied the law enforcement officials voluntarily.

Defendant was eighteen years old at the time. Defendant had completed the ninth grade and part of the tenth before terminating his schooling; at the time of his arrest, he was working towards his GED. Defendant had made average to above-average grades in school but had problems paying attention.

Once defendant arrived downtown, he was escorted into an interview room on the fourth floor of the Raleigh Police Department. The room was ten feet by ten feet and contained a table, three chairs, a trash can, an ashtray, and a one-way mirror. Defendant was not handcuffed or restrained, and the door to the room was never locked. Detectives J.W. Howard and W.T. Liles first interviewed defendant; they were dressed in suits and had no weapons. Before interviewing defendant, Howard fully and properly advised defendant of his Miranda rights. Defendant indicated that he understood his rights and wished to waive them; defendant then signed the Miranda rights form on 28 July 1992, at approximately 10:30 p.m. Defendant was alert, his speech was not slurred, and he gave no indication of being under the influence of drugs or alcohol. Defendant gave a statement to these two detectives from 10:30 p.m. until approximately 11:05 p.m. This statement was taped and then transcribed. In the statement defendant admitted hitting a man in the legs outside the Tower Shopping Center and also hitting a man in the head with a bat. During defendant's statement to Howard and Liles, Howard made the statement, noted earlier, that it would be better for defendant if he said that he did not mean to kill the man than for him to keep denying that he did it and that the police had witnesses. Howard also swore at defendant on two occasions, stating: "How in the h--- did you hit Bootsy in the g--d--- head, if you were hitting the man in the legs?" and "What the h--- are you saying? I don't know what the h--- you [are] saying." Liles testified on voir dire that he was present while Howard interviewed defendant and that Howard did not make any promises or threats to defendant.

Howard and Liles then left defendant alone in the room with the door unlocked. Shortly thereafter, Detectives W.A. Blackmun and M. Bissette entered the room. Blackmun recorded the interview between defendant and Blackmun, which lasted seven minutes. During this interview, defendant specifically referred to an assault that occurred "beside Johnny's Motor Lodge." Defendant stated that he hit a man on the head with a bat; that the other people he was with then jumped on the victim to take his money; and that while defendant did not get any money from the victim, he saw the others check the victim's pockets. Defendant also told Blackmun that everybody was out for money and that at least one person took money from the victim. Blackmun testified on voir dire that he did not make any promises or threaten defendant in any way. At the end of his statement to Blackmun and Bissette, defendant stated that he could not say that anyone had threatened him or made him say anything he did not want to say and that he was telling the truth. Defendant did not testify during the pretrial hearing.

The trial court made findings of fact essentially in accord with...