State v. McEachin
| Decision Date | 06 February 2001 |
| Docket Number | No. COA00-144.,COA00-144. |
| Citation | 142 NC App. 60,541 S.E.2d 792 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Rapheal Dwayne McEACHIN. |
Attorney General Michael F. Easley, by Assistant Attorneys General Daniel P. O'Brien and Amy C. Kunstling, for the State.
Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defenders Bobbi Jo Markert and Daniel R. Pollitt, for defendant-appellant.
Rapheal Dwayne McEachin (Defendant) appeals a judgment dated 16 February 1999, entered after a jury rendered a verdict finding him guilty of second-degree murder.
The State presented evidence at trial that on 26 August 1997, Robert Kelly (Kelly), John Paul Morrison (Morrison), and Perry Dawkins (Dawkins) were sitting on some "crossties" on Page Street in Hamlet. Kelly testified Natasha Johnson (Johnson) lived in a house located approximately twenty feet from where Kelly and the other men were sitting. During the evening, Morrison walked "down the street" with Johnson, and Morrison and Johnson had an argument. At that time, Defendant, whose nickname is "Boobie," was standing in front of Johnson's house. Defendant "lifted his shirt up like he might have a gun or something." A few seconds later, Kelly saw Morrison fire a gun; however, Kelly could not see what direction Morrison was firing because it was dark. After Morrison fired his gun, Kelly, Morrison, and Dawkins began walking toward a "big field" located off of Page Street. The parties walked in the direction of a business called Rob's Place, which was located across the field. As the parties were walking away from Johnson's house, a car driven by Dwayne Jones (Jones) pulled up near the parties. Defendant stood at the window of the car, and Kelly saw Jones pass something out of the window to Defendant. Defendant then said, "`I'll kill all you n,'" and began firing in the direction of the three men. The three men began to run across the field and Kelly heard approximately twelve shots fired. Dawkins was struck by a bullet and fell to the ground. He subsequently died as a result of a gunshot wound to the head. Kelly testified that none of the parties in the field fired any weapons while Defendant was shooting at them.
Jones testified that on the night of the shooting, he drove his girlfriend's vehicle down Page Road. As the vehicle approached the area near Johnson's house, Jones saw Morrison "running towards the [vehicle] from [Johnson's] house." Defendant approached the vehicle and said, " " Defendant appeared "frantic," and he asked Jones whether Jones had a gun in the vehicle. Jones then gave Defendant a nine[-]millimeter gun, and Defendant ran in the direction of Rob's Place. Jones immediately began to back the vehicle down Page Road and, as he parked the vehicle, he heard gun shots. Defendant then approached the parked vehicle and got into the vehicle. Defendant told Jones, "`I think I got one'" because Defendant had "seen one drop." Jones subsequently drove Defendant to the home of a friend, and Defendant put the gun given to him by Jones under a bed.
Dawkins' father testified that he arrived at the scene of the shooting before any medical assistance arrived. Dawkins' father asked Dawkins how badly he was hurt, and Dawkins replied, "`I don't think I'm going to make it, dad.'" Dawkins' father then asked Dawkins who "did it to him." Dawkins replied, "that he didn't know the guy's real name but he called him Boobie."
Aprille Grant Sweatt (Sweatt), a crime scene specialist for the Richmond County Sheriff's Department, testified that she was assigned to collect evidence from the scene of the shooting incident. Sweatt testified she collected eleven "RP 9[-]millimeter Rugger spent shell casing[s]" at the location where the shooting took place.
Larry Bowden (Bowden), a detective with the Richmond County Sheriff's Department, testified that on 27 August 1997, he spoke with Jones. After speaking with Jones, Bowden recovered a "9[-]millimeter Rugger handgun" from under a mattress in a residence in Hamlet. Jones had a key to the residence and was the "caretaker" of the residence. After the recovery, the gun and the spent shell casings were sent to the North Carolina State Bureau of Investigation (SBI). Ronald Marrs (Marrs), a firearms expert employed as a special agent with the SBI, testified he examined the spent shell casings and the gun. Based on his examination, Marrs concluded the spent shell casings were fired from the gun "to the exclusion of all other firearms."
At the close of the State's evidence, Defendant made a motion to dismiss the charge of first-degree murder on the ground "the State has not shown sufficient evidence of a specific intent to kill." The trial court denied the motion.
Johnson testified for Defendant that on the evening of 26 August 1997, Morrison asked her to come out of her house and speak to him. Johnson and Morrison then walked down Page Street. While they were talking, they had an argument and Johnson began walking back to her house. When she reached her mailbox, Morrison began firing a gun in her direction and she ran into her house. Defendant was inside Johnson's house at that time, and Johnson's child was sitting on the front porch steps. Defendant ran outside during the shooting. Johnson then heard shots fired from "[p]robably two or three" guns.
Defendant also called Shawn Wilkerson (Wilkerson) to testify on his behalf. Prior to Wilkerson taking the stand and outside the presence of the jury, the State noted that Wilkerson had criminal charges pending against him, including a burglary charge. The State indicated its intent to question Wilkerson about these charges during cross-examination, stating the charges related to Wilkerson's credibility. The State noted Wilkerson's attorney was present in the courtroom and that Wilkerson might "want to take the Fifth rather than be questioned about those pending charges." The trial court then questioned Wilkerson to enquire whether he had spoken to his attorney regarding the possible effect of his testimony on the pending charges, and Wilkerson indicated that he had discussed this issue with his attorney. Defendant did not raise any objections at that time to the State's proposed line of questioning.
Wilkerson testified during direct examination that he was in a vehicle with Jones on the night of the shooting incident. Wilkerson testified that as he and Jones were driving on Page Road, Defendant approached the vehicle and said that someone was "shooting at him." Defendant reached into the vehicle and took out a gun. Wilkerson then heard Defendant fire the gun. After he heard the gunshots from the gun fired by Defendant, Wilkerson heard "[t]wo more guns."
During cross-examination, Wilkerson testified he had consumed "[f]our 40[-]ounce beers" on the night of the shooting. The State asked Wilkerson "what [he had] been tried and convicted of or pled guilty [to] in the last 10 years for which [he] could receive a jail sentence of 60 days or more." Wilkerson responded that he had been convicted of "drug paraphernalia," "first[-]degree [burglary]," numerous "DWI[s]," "driving while license revoked, breaking and entering, larceny, [and] threats." The State then questioned Wilkerson regarding his pending burglary charge, and the following statements were made:
Defendant testified that on the night of the shooting he was playing with several children on Johnson's front porch. Defendant stated that while he was on the porch he saw Morrison standing near the house. After Defendant told Morrison to "chill out," Morrison began firing a gun in Defendant's direction. Defendant ran into the house and, when he realized Johnson's child was still on the front porch, he ran back onto the porch to get the child. Morrison continued firing his gun in the direction of the porch and Defendant ran back into the house. A few minutes later, Defendant came out of the house for a second time. He saw Jones driving down the road and he approached Jones' vehicle. Defendant then "grabbed [a] gun" from Jones and ran after Morrison. Defendant fired shots "in[to] the air" until "the gun went empty." While he was firing the gun, Defendant saw Morrison and Kelly firing guns in Defendant's direction; however, he did not see Dawkins. After Defendant finished firing his gun, he jumped into Jones' vehicle and the parties drove away from the scene. Defendant testified he did not shoot Dawkins.
During cross-examination, the State asked Defendant "what [he had] been tried and convicted of in the last ten years for which [he] could receive a jail term of 60 days or more." Defendant responded that he had been convicted of "voluntary manslaughter" ...
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