State v. Medlin

• Decision Date: 12 February 1993
• Docket Number: No. 76A92,76A92
• Citation: 333 N.C. 280,426 S.E.2d 402
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Jeffrey Brian MEDLIN.

Page 402

426 S.E.2d 402

333 N.C. 280

STATE of North Carolina v. Jeffrey Brian MEDLIN.

No. 76A92.

Supreme Court of North Carolina.

Feb. 12, 1993.

Appeal as of right pursuant to N.C.G.S. § 7A-27(a) from a judgment imposing a sentence of life imprisonment upon defendant's plea of guilty and conviction of first-degree murder entered by Thompson, J., at the 22 April 1991 Criminal Session of Superior Court, Wake County. Defendant's motion to bypass the Court of Appeals, pursuant to N.C.G.S. § 7A-31, as to his robbery with a dangerous weapon conviction, for which he received a consecutive forty-year sentence following his plea of guilty, was allowed by this Court on 13 March 1992. Heard in the Supreme Court 3 November 1992.

Lacy H. Thornburg, Atty. Gen. by Jane R. Garvey, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Constance H. Everhart, Asst. Appellate Defender, Raleigh, for defendant-appellant.

MEYER, Justice.

On 24 September 1990, defendant, Jeffrey Brian Medlin, was indicted for robbery with a dangerous weapon and the first-degree murder of Darla Cline. On 18 February and 5 March 1991, defendant filed four motions to suppress, seeking to exclude statements made by defendant to law enforcement officials on 11 September 1990 and the resulting physical evidence. A hearing upon defendant's motions to suppress was conducted at the 11 March 1991 Criminal Session of Superior Court, Wake County, before Judge Robert L. Farmer. Upon oral and written denials of the suppression motions, defendant entered pleas of guilty to first-degree murder and to robbery with a dangerous weapon at the 22 April 1991 Criminal Session of Superior Court, Wake County, before Judge Jack A. Thompson. Pursuant to N.C.G.S. § 15A-979(b), defendant reserved his right to appeal from the denial of the suppression motions. Thereafter, a capital sentencing hearing was conducted before a jury, following which the jury recommended a sentence of life imprisonment for the murder. Judge Thompson sentenced defendant to a term of forty years' imprisonment for the robbery with a dangerous weapon conviction and a consecutive term of life imprisonment for the first-degree murder conviction. From those judgments and from the denial of defendant's suppression motions, defendant appealed to this Court. ¹

Defendant brings forward two assignments of error: whether the trial court erred in denying defendant's motions to suppress incriminating statements and their evidentiary fruits (1) because this evidence was obtained as a direct result of an illegal, warrantless arrest; and (2) because the statements were obtained from defendant in violation of his statutory and state and federal constitutional right to counsel. After a thorough review of the motion hearing transcript and sentencing proceeding, the record on appeal, and the briefs of defendant and the State, we conclude that the trial judge properly denied defendant's motions to suppress, and we therefore affirm his convictions and sentences.

At the 11 March 1991 suppression hearing, the State presented evidence that tended to show the following facts and circumstances. Shortly before 5:00 a.m. on 11 September 1990, the body of Darla Cline was found at her place of employment, Johnson's Forks Restaurant, an all-night restaurant near Zebulon, North Carolina. She was found in the kitchen, lying face down in a pool of blood around her upper torso and head area. She had last been seen alive by a newspaper carrier approximately forty-five minutes earlier. Detective Kenneth E. Duckworth, an investigator with the Wake County Sheriff's Department, determined that Ms. Cline had been beaten about the head and upper body and stabbed in the face and upper chest. An autopsy later revealed that she had been struck in the head six times and stabbed sixteen times. The fatal wound was a stab wound to the throat which severed the jugular vein and from which she would have taken approximately fifteen to twenty minutes to die as a result of exsanguination.

Wake County sheriff's deputies at the scene determined that a cash box, containing $800 to $1,500 in change and paper money in small denominations used for amusement games, was missing from its usual place in the kitchen. The quarters in the box were rolled in orange wrappers and were stamped "AM Amusement." The location of the money box was known only to employees. Later that morning, the Wake County deputies received information from Ike Strickland, a local convenience store operator, that he knew who committed the murder, that it was committed by "Medlin" (defendant), that defendant was a former employee of the restaurant that had been robbed, and that defendant had recently been released from prison following a robbery conviction.

At approximately 2:45 or 3:00 p.m., Detective Duckworth received a telephone call from the Atlantic Beach Police Department concerning a traffic stop that had occurred there. During a consent search of the vehicle, in which defendant was a passenger, the officers found what appeared to be burglary tools on the back floorboard and a Crown Royal bag containing a large amount of quarters and one- and five-dollar bills. The money appeared to be $700.00 or more. Defendant informed the officers that he owned amusement machines, that he had left Zebulon about 4:00 a.m. that day, and that he was staying at the Iron Steamer in Atlantic Beach. The driver, Dana Bylsma, was cited for an expired registration, and they were released. Upon receiving this information, Detective Duckworth informed Atlantic Beach Detective Galizia that a robbery and murder had occurred in Zebulon around 4:00 or 5:00 a.m., that the prime suspect was defendant, and that a large amount of one-dollar bills, five-dollar bills, and quarters was missing. Detective Duckworth told Detective Galizia that there were no outstanding warrants but that he wanted to interview defendant and Bylsma. Detective Duckworth was concerned that money or other evidence might be disposed of before the Wake County officers could make the two-and-a-half to three-hour drive to Atlantic Beach. Therefore, he requested that the Atlantic Beach Police Department locate defendant and Bylsma and hold them. At 3:45 p.m., Detective Duckworth sent a PIN message to confirm the request, which stated: "Att: Detective Galizia: Please locate Red Datsun, CXX4134. Stop and hold ref: homicide occurred this a.m. this jurisdiction. Authority, Detective Duckworth." Following the receipt of this message, Atlantic Beach police determined that the motel bill had been paid in advance in cash and that both defendant and Bylsma had attempted to exchange small-denomination bills for larger ones with the motel clerk. They also discovered that defendant and Bylsma had exchanged $700.00 in five-dollar bills at a local bank. According to a bank teller, the bills exchanged smelled like food.

Several Atlantic Beach detectives and police officers took up positions at some condominiums next door to the Iron Steamer. From his vantage point at the condominiums, Officer Harris heard, over his walkie-talkie, Chief Duke ask the dispatcher whether a warrant had been issued. The dispatcher's response was "Ten-four." Apparently, the dispatcher misunderstood and in error confirmed the existence of outstanding warrants. As he watched, Officer Harris saw defendant come out of the hallway onto the breezeway, walking fast and looking around. At that moment, Detective Guthrie came around the corner, and Officer Harris called out to him that defendant was the subject they had been seeking. Defendant attempted to flee, and Detective Guthrie drew his weapon and apprehended defendant. Defendant, Bylsma, and Cari Childers (a female in defendant's motel room) were transported to the Atlantic Beach Police Department at approximately 4:30 p.m.

Chief Duke directed the dispatcher to send a PIN message to Wake County that the three people were in custody. Chief Duke requested that copies of the arrest warrants be "faxed" to him and that the Wake County officers come to Atlantic Beach. Afterwards, Chief Duke learned from Detective Galizia that no warrants were on file. Chief Duke then called Detective Duckworth, who confirmed that no warrants existed and that he was in the process of getting them. Following that conversation, Chief Duke told his officers that they were to explain to defendant, Bylsma, and Childers that they were not under arrest and that they were free to leave. He also instructed his officers to inform defendant and the others that police officers were en route from Wake County and would like to talk to them. Before defendant was told that he could go, Captain Wrenn served him with a citation for resisting, delaying, and obstructing a law enforcement officer. Chief Duke personally told defendant that he was free to go, that there was an investigation underway involving incidents that took place in the Wake County area, that investigators were en route and wanted to talk to him, that he could leave or that he could stay and move around the police department at will, and that if he needed anything, to let them know. Defendant indicated that he wanted to stay. According to Chief Duke's testimony, defendant said that he knew a little about what Wake County wanted to talk to him about and that he would like to talk with an officer. Defendant not only remained at the station, but began actively pursuing local officers in an attempt to give a statement. According to Captain Wrenn, defendant repeatedly said, "I want to talk to you about what happened."

Captain Wrenn and Chief Duke finally agreed to take defendant's statement at about 7:00 p.m. on 11 September 1990. Using a standard Miranda warning form, Chief Duke advised defendant of his rights. Defendant responded that he understood each one. When Chief Duke asked if he wanted a lawyer, defendant said, "Yes--I know you can't get one now but I...