State v. Robinson

• Decision Date: 24 July 1997
• Docket Number: No. 388A95,388A95
• Citation: 346 N.C. 586,488 S.E.2d 174
• Parties: STATE of North Carolina, v. James Earl ROBINSON.
• Court: North Carolina Supreme Court

Page 174

488 S.E.2d 174

346 N.C. 586

STATE of North Carolina, v. James Earl ROBINSON.

No. 388A95.

Supreme Court of North Carolina.

July 24, 1997.

Michael F. Easley, Attorney General by Clarence J. DelForge, III, Assistant Attorney General, for the State.

Margaret Creasy Ciardella, Wrightsville Beach, for defendant-appellant.

ORR, Justice.

This case arises out of the murder of Jerry Smith, who was shot twice while sitting in a parked car at a convenience store. On 30 November 1993, defendant was indicted for one count of first-degree murder. Defendant was subsequently tried before a jury, and on 13 April 1995, the jury found defendant guilty of first-degree murder based on the theories of premeditation and deliberation and felony murder. Following a capital sentencing proceeding, the jury recommended that defendant be sentenced to life imprisonment, and the trial court entered judgment accordingly.

After consideration of the assignments of error brought forward on appeal by defendant and a thorough review of the transcript of the proceedings, the record on appeal, the briefs, and oral arguments, we conclude that defendant received a fair trial, free from prejudicial error. For the reasons set forth below, we affirm his conviction and sentence.

At trial, the State's evidence tended to show the following: On the afternoon of 26 September 1993, defendant was attending a cookout at his neighbor's home in Garland, North Carolina. Gerthel Highsmith, with whom defendant was having a relationship, was also at the cookout. At approximately 3:30 that afternoon, Highsmith and her three-year-old son, Derrick, left the cookout in defendant's Cadillac to pick up a pizza. They then returned to the cookout for a short while before Highsmith once again left in defendant's Cadillac. Highsmith's son remained at the cookout with defendant.

When Highsmith returned to the cookout, defendant was apparently very upset and ran behind the Cadillac until she stopped. As Highsmith exited the Cadillac, defendant forced her back into the car at gunpoint. They then proceeded to defendant's trailer, where Highsmith's son was waiting. Once inside the trailer, defendant began to hit Highsmith with his fist and kick her in front of her son. Highsmith begged defendant not to hit her in front of Derrick, and defendant ordered her into the bathroom. Once inside the bathroom, defendant repeatedly asked Highsmith who was in his car with her. Defendant continued to beat Highsmith with his fists and then started to hit her on the top of her head with a gun until she lost consciousness. Once Highsmith regained consciousness, defendant kicked and pushed her into the bedroom. Eventually, Highsmith's mother and sister drove by defendant's trailer and honked their car horn. Highsmith then jumped out the bedroom window and ran to the car. Her mother and sister drove her to the "rescue squad," where she was treated for her injuries.

At the time of this incident, Highsmith had known defendant for approximately four months. At trial, Highsmith testified that she used cocaine on the day defendant beat her and that she stayed with defendant because he supplied her with cocaine. She further testified that the victim, Jerry Smith, was a drug user and had accompanied her on one occasion to defendant's house to buy drugs.

On the evening of 26 September 1993, defendant arrived around 9:00 or 10:00 p.m. in his white Cadillac at a club in Sampson County which was owned by Bill Herring. At trial, Herring testified that he observed that defendant had something in his pocket when he arrived at the club. Herring asked defendant to pull up his shirt and saw what looked like the handle of a gun. Defendant told him that it was not a gun, and Herring allowed defendant to enter the club. Herring further testified that the victim, Jerry Smith, arrived in a red Nissan shortly before defendant. Defendant and Jerry Smith stood at the counter together, but Herring could not tell if they were arguing and did not hear what they said. Herring stated that Jerry Smith left the club first that night and that defendant left fifteen or twenty minutes later.

Clarence Autry testified that he was also at the club that night. He stated that at one point, defendant pulled a gun out of his pocket and ordered him outside to talk. Once outside, defendant confronted Autry about whether he had been "messing around" with Highsmith. After Autry denied any involvement with Highsmith, defendant stated that he believed him and allowed him to return to the club. Autry further testified that Highsmith frequently told defendant things to make him jealous.

Mack Ray Rich, who owns and operates a convenience store at the Helltown Crossroads, testified that his residence is located at the intersection of Highway 210 and Helltown Road. Rich further testified that he was awakened at approximately 12:30 a.m. by two gunshots. He looked out the window and saw a white car heading towards Highway 210 and a red car sitting with its headlights on. Rich asked his wife to call the Highway Patrol. Rich testified that he then saw the same white car, a Cadillac, return and pull up beside the red car and sit there for a few minutes. The white Cadillac then proceeded to drive out Ammons Road.

Investigator Richard Herring of the Bladen County Sheriff's Department testified that he was dispatched to the intersection of Helltown Road and Highway 210 West and arrived at 1:07 a.m. Herring stated that he saw a red Nissan sitting in the parking lot facing Highway 210 with its lights on. He knew it was Jerry Smith's car and saw that Smith was slumped over in the car seat with his seat belt still on. After Herring got no response from Smith, he noticed a bullet hole in Smith's left chest.

Cathy Ann Nethercutt testified that she worked the third shift from 11:00 p.m. to 7:00 a.m. at the Quick Stop Food Mart at the intersection of Cedar Creek Road and I-95. She was working there alone on 27 September 1993 when she saw a white Cadillac drive into the parking lot at approximately 2:00 a.m. The driver never entered the store. After watching the car for an hour, Nethercutt called to report this incident to the police.

Officer Willis Stone of the Fayetteville Police Department testified that he arrived at the Quick Stop at 3:40 a.m. and approached the White Cadillac. As he approached the vehicle, he saw a black male sitting in the driver's seat with his head inclined. Officer Stone made an interior sweep of the car for his own safety and noticed a plastic bag of what appeared to be cocaine in plain view on the passenger seat. Officer Stone tapped on the car window and woke defendant up. When defendant woke up, Officer Stone asked him to unlock the door and step out of the car. Officer Stone testified that he did a quick body frisk for weapons, placed handcuffs on defendant, and put him in his patrol car. Along with the bag of cocaine Officer Stone recovered from the passenger's seat, he also found a medicine bottle containing a bag of crack cocaine and a revolver hidden underneath the driver's seat.

SBI Special Agent Eugene Bishop was tendered and qualified as an expert in the field of forensic firearm identification and toolmark identification. Agent Bishop testified that he conducted firing tests on the revolver recovered from defendant's Cadillac and studied the two spent bullets found in the victim's red Nissan. Agent Bishop "was requested to determine whether or not the fired bullets were fired by the particular weapon that was submitted in this case." After conducting tests on both 13 October 1993 and 14 October 1993, Agent Bishop concluded that the two spent bullets were fired from defendant's revolver, to the exclusion of all other handguns.

Defendant presented no evidence during the guilt/innocence phase.

During the sentencing proceeding, the State did not present additional evidence, but relied upon the evidence presented during the guilt/innocence phase of the trial.

Defendant presented the testimony of Dr. Don Creed during the sentencing proceeding. Dr. Creed was tendered and qualified as a medical expert. Dr. Creed testified that he treated defendant primarily for diabetes, hypertension, and chronic bronchitis and was aware that defendant had been hospitalized for congestive heart failure. Defendant also presented the testimony of Dr. Brad Fisher, a clinical forensic psychologist. Dr. Fisher testified that he evaluated defendant at the request of defense counsel and conducted interviews with defendant on four separate occasions. In Dr. Fisher's opinion, defendant was not psychotic and was not suffering from any kind of significant neurological condition. He further testified that defendant's problems stemmed from an "undisciplined, almost chaotic upbringing."

I.

Defendant first contends that the trial court erred by denying defendant's motion to dismiss because the State failed to preserve potentially exculpatory evidence. Prior to trial, defendant filed a motion to dismiss or, in the alternative, to suppress certain evidence taken from the car on the grounds that the police failed to preserve other potentially exculpatory evidence they had seized. Defendant argues that the trial court's rulings violated his statutory and constitutional rights. We disagree.

In the course of the investigation, the victim's red Nissan Sentra was seized by the Sheriff's Department. Later, a finance company, which apparently had an ownership interest in the car, requested its release. The chief investigator with the Sheriff's Department obtained permission from the district attorney for the release of the car. Defendant contends that the State should have preserved from the car for his analysis a towel found under the victim's right arm, two cigarette butts found on the floorboard, a tissue, and an empty gun case. Defendant contends that the law enforcement officer in this case acted in bad faith by releasing the car...