State v. McHone

• Decision Date: 08 October 1993
• Docket Number: No. 148A91,148A91
• Citation: 334 N.C. 627,435 S.E.2d 296
• Parties: STATE of North Carolina v. Steven Van McHONE.
• Court: North Carolina Supreme Court

Page 296

435 S.E.2d 296

334 N.C. 627

STATE of North Carolina v. Steven Van McHONE.

No. 148A91.

Supreme Court of North Carolina.

Oct. 8, 1993.

Lacy H. Thornburg, Atty. Gen. by Tiare B. Smiley, Sp. Deputy Atty. Gen., Raleigh, for the State.

Heidi G. Chapman, Chapel Hill, for defendant-appellant.

FRYE, Justice.

On 4 June 1990 a Surry County grand jury indicted defendant for the murder of Mildred Johnson Adams and Wesley Dalton Adams, Sr. Defendant was also indicted on 20 July 1990 for assault with a deadly weapon with intent to kill inflicting serious injury on Wesley Dalton Adams, Jr. In a capital trial, the jury returned verdicts finding defendant guilty of the first-degree murder of Mildred Johnson Adams (Mrs. Adams or defendant's mother) and Wesley Dalton Adams, Sr. (Mr. Adams or defendant's stepfather). The jury also found defendant guilty of assault with a deadly weapon with intent to kill Wesley Dalton Adams, Jr. (Wesley Jr. or defendant's half-brother). After a sentencing proceeding held pursuant to N.C.G.S. § 15A-2000, the jury recommended and the trial court imposed sentences of death for each of the first-degree murder convictions. On the same date, the trial court imposed a sentence of ten years imprisonment for the conviction of assault with a deadly weapon with intent to kill. Defendant gave oral notice of appeal on 7 March 1991. An order staying execution was entered by this Court on 25 March 1991.

Defendant brings forward seven assignments of error. After reviewing the record, transcript, briefs, and oral arguments of counsel, we conclude that the guilt and sentencing phases of defendant's trial were free from prejudicial error, and that the sentence of death is not disproportionate.

The State presented evidence tending to show the following facts and circumstances. Wesley Jr., a Captain in the United States Air Force, and his family were visiting in his parents' home in Surry County. At trial, the first witness called by the State was Wendy Adams, Wesley Jr.'s wife and the mother of two-year-old Alex. Wendy Adams (Wendy) testified that on the evening of 2 June 1990, she, Wesley Jr., Alex, and Mr. and Mrs. Adams went on a fishing trip. Wendy and Wesley Jr. cleaned Mr. Adams' camper prior to leaving for the trip. While cleaning the camper they discovered a handgun. Mrs. Adams explained that the gun was for protection from animals when camping.

The family returned from the fishing trip at approximately 12:30 a.m. on 3 June 1990. Defendant, who resided with his parents, was at home when they arrived. Wendy began getting Alex prepared for bed, and while doing so, she overheard defendant arguing with Mr. and Mrs. Adams about money. Defendant told them "he wanted his money and he couldn't go on living like that." Wendy, Wesley Jr., and Alex went to bed. Approximately ten or fifteen minutes after they were in bed, Mrs. Adams opened the door to their room. She asked Wesley Jr. if he had taken the handgun from the camper. Wesley Jr. said that he had not moved the gun. Mrs. Adams responded, "[t]hen its missing" and she closed the bedroom door. Wesley Jr. got up and began to get dressed so that he could find out why defendant was arguing with his parents. However, before he left the bedroom, he and Wendy heard three gun shots. Wesley Jr. told Wendy "to stay down and keep Alex covered." He then went out into the hallway to find out what had happened. Wendy heard someone coming up the basement stairs, then heard Mr. Adams tell Wesley Jr. to call 911.

Wesley Jr. testified that while he was talking on the telephone with the 911 operator, he turned and saw defendant and Mr. Adams enter the back door. They were wrestling and defendant had a pistol. Wesley Jr. immediately dropped the telephone and disarmed the defendant. Wesley Jr. went back to the telephone and defendant and Mr. Adams began wrestling again. Mr. Adams and defendant struggled out of the living room and headed down the hallway, out of Wesley Jr.'s sight. Approximately a minute later, Mr. Adams reappeared in the kitchen doorway and said, "Your mother is facedown out back. You have got to get help for her. Your mother's facedown. I don't know how badly she's hurt." As Mr. Adams approached Wesley Jr., defendant came to the doorway carrying a shotgun. When Mr. Adams realized that defendant was bringing the gun up into a firing position, aimed at Wesley Jr., he immediately moved toward defendant, reaching for the gun. Defendant fired the shotgun into Mr. Adams' chest, and the force of the discharge threw Mr. Adams into Wesley Jr.'s arms, knocking them both to the floor. Wesley Jr.'s leg was injured. After shooting Mr. Adams, defendant raised the gun in the direction of Wesley Jr. who managed to get up from the floor and take the weapon from defendant. When the struggle ended, Wesley Jr. told defendant to stay down and not to move. Defendant began crying and saying, "Oh, my God. What have I done." Wesley Jr. turned away from defendant to see if his wife was safe. Defendant then stopped crying and reached for the shotgun. Wesley Jr. struggled with defendant again, and was able to keep the weapon from him. Defendant suddenly began to curse Wesley Jr. and told him, "I killed him. Now I want you to kill me, because I don't want to spend the rest of my life in jail. Just shoot me. Just get it over with." Defendant continued to curse Wesley Jr. in a very loud voice and stated that Wesley Jr. was gutless and "if [Wesley Jr.] didn't kill him and he got out of jail he'd hunt [Wesley Jr.] down and hunt his family down and finish [them] off."

William Kent Hall, a member of the first response team organized by the volunteer fire service, testified that when he arrived at the Adams residence Mr. Adams was lying on the kitchen floor. Hall determined that Mr. Adams had a large chest wound and he did not have a pulse. Tommy Wayne Baker, also a member of the first response team, found Mrs. Adams on the ground in the backyard. She appeared to have been shot in the back of the head, but she was still alive. Mrs. Adams later died from the gunshot wound.

Officer Jimmy Inman, a Deputy Sheriff with the Surry County Sheriff's Department, arrived at the crime scene shortly after 2:00 a.m. When Officer Inman entered the house, defendant yelled, "Why did I do it? What have I done?" Defendant was taken outside and placed in the patrol car. Officer Inman smelled alcohol on defendant's breath. At trial, Officer Inman testified that a person is drunk when that "person's mental and physical capabilities are impaired to the point that he cannot walk, talk, or act in a proper fashion." In his opinion, defendant was not drunk on the night the murders occurred.

Officer Terry Miller, a detective with the Surry County Sheriff's Department, testified that when he entered the couple's residence, defendant stated, "I know what I've done, and I'll have to pay for it. Why don't you just shoot me and get it over with." Miller also testified that although defendant had been drinking, he did not believe that defendant was drunk.

Dr. Patrick Eugene Lantz, a pathologist at North Carolina Baptist Hospital, performed autopsies on Mr. Adams and Mrs. Adams. Dr. Lantz determined that Mr. Adams died of a shotgun wound to the chest, and Mrs. Adams died of a gunshot wound to the head.

The State presented other witnesses who testified to a stormy relationship between defendant and his mother, including several threats by defendant to harm or kill her.

Defendant did not testify. However, defendant presented witnesses whose testimony tended to show the following facts and circumstances. Jimmy McMillian, a social acquaintance of defendant, testified that on 2 June 1990 he, Tammy Sawyers, and defendant drove to Mount Airy and purchased a pint of Jack Daniel's. The group then traveled to a Pizza Hut in Winston-Salem. By the time they arrived at the Pizza Hut, McMillian and defendant had finished a pint and a half of Jack Daniel's. McMillian testified that only he and defendant were drinking and they split the alcohol evenly. While at Pizza Hut, defendant drank a pitcher of beer, which is the equivalent of five six-ounce beers. In McMillian's opinion, defendant's mental and physical faculties were appreciably impaired because he was staggering and had a "slushy mouth."

Tammy Bryant testified that she had known defendant for a year. They met at a narcotics anonymous meeting. Two weeks before defendant's mother and stepfather were killed, Bryant began seeing defendant romantically. Bryant testified that she saw defendant on 2 June 1990 at Ronald Speaks' house in Mount Airy. According to Bryant, when defendant arrived at Speaks' house he was drunk, his speech was slurred, and he was staggering. Defendant got into a fight with Johnny Swaim because Bryant was with Swaim. Once the fight ended, defendant consumed more alcohol, then walked away from Speaks' house. Defendant later returned to Speaks' house and began to cry when Bryant refused to leave with him. Bryant testified that defendant began "swinging [a] gun around in everyone's face, threatening everybody, moving real swiftly and quickly." Bryant also testified that when she asked defendant several times "what he was on," he responded, "I have taken a couple hits of acid." Approximately thirty minutes later, Bryant, Sawyers, and defendant left the house and went for a ride in Sawyers' car. During the ride, defendant gave his gun to Bryant. Bryant unloaded the gun and then gave it back to defendant. Sawyers drove Bryant back to Speaks' house. Defendant left with Sawyers. Bryant did not see him anymore that evening.

On rebuttal, the State called Sawyers who testified that she did not drink any alcohol on the night in question. She testified that she and defendant had a conversation while driving to Speaks' house and defendant's speech was fine. She also testified that defendant walked fine to and from her vehicle. Sawyers stated that she...