State v. McDougald, No. COA07-993 (N.C. App. 5/20/2008)
| Decision Date | 20 May 2008 |
| Docket Number | No. COA07-993,COA07-993 |
| Court | North Carolina Court of Appeals |
| Parties | STATE OF NORTH CAROLINA v. WILLIAM O'NEILL McDOUGALD |
William O'Neill McDougald ("defendant") appeals the trial court's denial of his motion to dismiss the charge of second-degree kidnapping. For the following reasons, we hold no error.
On 2 February 2001, at approximately 8:30 p.m., seventeen year old Patrice Ann Howes ("Howes") was baby sitting for her cousin when two of her male friends from school, Jason Criswell ("Criswell") and Chris Griffith ("Griffith"), arrived. Howes had a crush on Criswell.
Criswell, Griffith, and Howes watched a birthday video on the porch. Criswell and Griffith eventually left, but returned at approximately 11:30 p.m. with Griffith's brother, Eddie, and defendant, who was over thirty years old. The four males were at Howes' house for only a short time and all but Criswell stayed outside because Howes' dog was barking at their dogs. Howes was introduced to defendant, whom she had seen around the neighborhood, but did not know. Howes informed the males that it was getting late and asked them to leave. They then left.
Next, Howes used the restroom and went to the laundry room to do some laundry. While Howes was doing her laundry, there was a knock on the back door, located in the laundry room. Howes could not determine who was at the back door, so she opened it, and found defendant there. Defendant tried to talk to Howes about Criswell, telling her that Criswell was a "jerk" and "no good." He also told her that she was better off with him, and that she was a beautiful girl who could "get anybody."
When Howes asked defendant to leave, he did not. Howes and defendant each had a hand on the back door, and when Howes attempted to push defendant back, he stepped into the house and continued to try to talk to Howes. At this point, Howes began cursing at defendant, as she was angered by the fact that he had come into the house. Defendant slapped Howes in the face, closed the back door, closed the laundry room door, picked Howes up, placed her on top of the washer, turned the lights out, and choked her. Howes was afraid that defendant was going to rape her, and "just sat there and cried."
Defendant continued to slap Howes and choke her because she still was crying. At some point he tried to hug Howes, and turnedthe light back on, saying, "now you can identify me to the police." He tried to turn the light off again, but Howes fought with him to keep it on. When her dog started to bark, indicating that her cousin was home, defendant opened the laundry room door, then fled through the back door.
Defendant argues that his motion to dismiss the charge of second-degree kidnapping should have been granted, because the State failed to prove that he had the intent to terrorize Howes. We disagree.
When ruling on a defendant's motion to dismiss a charge, the trial court must determine whether there is substantial evidence "(1) of each essential element of the offense charged, or of a lesser offense included therein, and (2) of defendant's being the perpetrator of such offense." State v. Powell, 299 N.C. 95, 99, 261 S.E.2d 114, 117 (1980). "Substantial evidence" is such evidence as a reasonable juror would consider sufficient to support the conclusion that each essential element of the crime exists. State v. McKinnon, 306 N.C. 288, 298, 293 S.E.2d 118, 125 (1982).
The evidence is to be considered in the light most favorable to the State; the State is entitled to every reasonable intendment and every reasonable inference to be drawn therefrom; contradictions and discrepancies are for the jury to resolve and do not warrant dismissal; and all of the evidence actually admitted, whether competent or incompetent, which is favorable to the State is to be considered by the court in ruling on the motion.
Powell, 299 N.C. at 98, 261 S.E.2d at 117 (citing State v. Thomas, 296 N.C. 236, 250 S.E.2d 204 (1978); State v. McKinney, 288 N.C.113, 215 S.E.2d 578 (1975)). On appeal to this Court, we review the motion to dismiss de novo. State v. Marsh, ___ N.C. App. ___, ___, 652 S.E.2d 744, 748 (2007) (citin...
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