State v. Watson

• Decision Date: 03 November 1994
• Docket Number: No. 359A91,359A91
• Citation: 338 N.C. 168,449 S.E.2d 694
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina, v. Henry WATSON.

Page 694

449 S.E.2d 694

338 N.C. 168

STATE of North Carolina, v. Henry WATSON.

No. 359A91.

Supreme Court of North Carolina.

Nov. 3, 1994.

Michael F. Easley, Atty. Gen. by G. Lawrence Reeves, Jr., Asst. Atty. Gen., for the State.

Malcolm Ray Hunter, Jr. by Benjamin Sendor, Asst. Appellate Defender, Raleigh, for defendant-appellant.

EXUM, Chief Justice.

Defendant Henry Watson was tried noncapitally for first-degree murder of Ronald Bilbrey on the theory of premeditation and deliberation. He was found guilty and sentenced to life imprisonment. Defendant now brings forth eight assignments of error. We conclude defendant's trial was free from prejudicial error.

I.

The State's evidence tended to show the following: Around 9:00 p.m. on 16 June 1989 Lisa Marlene Harrell was watching television with her husband in their mobile home at Countryside Trailer Park in Raleigh when she heard a loud argument outside. Looking through the window of her mobile home, she observed a truck and a car resembling a station wagon facing each other. Harrell then returned to her chair and continued watching television.

The argument continued for about thirty minutes before Harrell heard a gunshot, which, after a brief pause, was followed by three additional consecutive shots. Upon hearing the shots, Harrell stepped outside onto her porch and witnessed a blue and white Ford pickup truck driving past her mobile home and leaving the mobile home park at a high rate of speed. Directing her attention toward the area where the car and truck had been parked, Harrell heard someone crying for help. She walked toward the station wagon and observed a woman, Sherry Ann Green, kneeling on the seat, screaming "Ron," and "Help me," and a man, Ronald Bilbrey, in the driver's seat slumped over toward the passenger side. Green was Bilbrey's girlfriend at the time of the shooting. The two had been living together with Ira Diggs, Green's fourteen year-old son, in a mobile home in the same mobile home park. Harrell checked Bilbrey's pulse and found he had none. Harrell recognized the smell of alcohol within the station wagon, but she saw no evidence of any weapon in the vehicle or on either Bilbrey or Green.

Earlier on the same date, Diggs, defendant's nephew, saw defendant leaving Green's mobile home. Defendant had come to inquire about ten dollars that Bilbrey owed him. At that time, Green, defendant and Bilbrey were all intoxicated. Bilbrey paid defendant the money and ordered defendant to leave. After telling Green that he was tired of defendant being around Green's mobile home, Bilbrey left the mobile home, saying that he was going to talk to defendant and get it straight.

When Diggs entered the mobile home, Green told him that she, defendant and Bilbrey had argued and she was afraid to spend the night in the mobile home because she felt some problem might arise between Bilbrey and her. Green requested Diggs to find defendant and ask whether she and Diggs could stay at defendant's house.

Diggs stopped defendant as he was leaving the mobile home park and asked whether he and Green could stay with defendant that night. While Diggs and defendant were talking, Bilbrey drove up in his car and stopped within five feet of defendant's truck. At the same time, defendant removed a .22-caliber revolver from a bag and placed it next to his leg.

Bilbrey began to argue with defendant. During the argument, Bilbrey instructed Diggs to find Green. When Diggs returned with Green, the two men were still arguing. Bilbrey, who appeared intoxicated, was standing next to the door of defendant's truck, and defendant was seated in his vehicle. When Bilbrey accused defendant of making advances towards Green, defendant told Bilbrey he did not want to discuss the matter in public. He then told Bilbrey "he was acting like an ass." Bilbrey responded, "I'll show you how an ass acts," and then jumped into his own car and leaned over as if to insert the keys in the ignition. At that moment defendant got out of his truck and walked to the side of Bilbrey's car, grabbed the door and began shooting. Green tried to grab defendant's arm, but he pushed her away and knocked her down. He then continued firing at Bilbrey. Bilbrey attempted to drive away, but lost control of the car and hit a mobile home. Without speaking, defendant returned to his truck and left the area quickly.

The police arrived shortly thereafter. An investigation conducted by field agents of the City-County Bureau of Investigation uncovered no weapons on or near Bilbrey's body. An autopsy revealed Bilbrey received four gunshot wounds to the left side of the body. One bullet, which passed through the lung, heart and esophagus was thought to be the key fatal wound, resulting in death within fifteen minutes.

Defendant did not report the shooting to the police. Police began a search for defendant and visited his residence every other day. He was arrested two weeks after the shooting.

Defendant testified in his own behalf. He stated Green had warned him that Bilbrey had guns and had threatened to "get" him. Defendant had seen Bilbrey armed previously and Bilbrey had told defendant that he, Bilbrey, had killed someone in a prior dispute.

Before the shooting, defendant had been fishing with a friend. Because the place where they intended to fish was known for snakes, defendant took his gun with him. After the fishing trip, defendant went to the mobile home park to collect ten dollars which Bilbrey owed him. As defendant was leaving the mobile home park in his truck, Diggs approached him and asked if he and Green could spend the night with defendant. Diggs said Green was afraid that Bilbrey would beat her. About that time, Bilbrey drove up rapidly in his car. An argument between defendant and Bilbrey ensued in which Bilbrey accused defendant of making passes at Green. Bilbrey told Diggs to summon Green. When Green arrived, Bilbrey asked her if she previously informed him that defendant had made passes at her. When Green denied any knowledge of the matter, Bilbrey called her a "damn lie." He then hit her and attempted to choke her. Defendant attempted to leave the scene but had difficulty starting his truck. Bilbrey released Green and continued to argue with defendant. After telling defendant he was going to show him how an ass acts, he returned to his car. As Bilbrey reached around in his car, defendant believed he was looking for a gun. Defendant testified he panicked and shot Bilbrey. He was unaware of how many times he fired or whether Bilbrey attempted to start his car.

After the shooting, defendant started his truck and drove away. He discarded the gun in a creek near the road. Despite his wife's request to do so, defendant was too afraid to report the incident to the police.

Additional facts will be presented in the discussions of the legal issues to which they are pertinent.

II.

Defendant first contends the trial court erred by denying his motion to dismiss at the close of all the evidence on the ground the evidence was insufficient to support a verdict of guilty. Defendant contends the evidence falls short of satisfying the State's burden of proof for two reasons: 1) the State's evidence was insufficient to prove premeditation and deliberation; and 2) the State's evidence was insufficient to prove defendant did not act in self-defense.

A.

Defendant argues that all the evidence shows his intent to kill the victim was formed under the influence of the provocation of the quarrel with the victim; therefore, there was no premeditation and deliberation. We disagree.

The State's proof is sufficient if a rational juror could have found the element of premeditation and deliberation beyond a reasonable doubt. State v. Sumpter, 318 N.C. 102, 347 S.E.2d 396 (1986). Upon defendant's motion to dismiss, "the trial court must determine whether there is substantial evidence of each element of the offense charged, or any lesser offense, and that defendant is the perpetrator." State v. McAvoy, 331 N.C. 583, 589, 417 S.E.2d 489, 493 (1992).

Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164, 169 (1980). The term "substantial evidence" simply means "that the evidence must be existing and real, not just seeming or imaginary." State v. Powell, 299 N.C. 95, 99, 261 S.E.2d 114, 117 (1980).

Id. "[A]ll evidence must be considered in a light most favorable to the State, and the State is entitled to every inference of fact which may be reasonably deduced from the evidence." State v. Leroux, 326 N.C. 368, 375, 390 S.E.2d 314, 320, cert. denied, 498 U.S. 871, 111 S.Ct. 192, 112 L.Ed.2d 155 (1990). If substantial evidence of each element of the offense charged exists, the trial court must deny the motion to dismiss and submit the charge to the jury. McAvoy, 331 N.C. at 589, 417 S.E.2d at 493.

The degrees of homicide may be defined as follows: Murder in the first degree is the unlawful killing of another human being with malice and with premeditation and deliberation. N.C.G.S. § 14-17 (1986); State v. Bonney, 329 N.C. 61, 77, 405 S.E.2d 145, 154 (1991). Murder in the second degree is the unlawful killing of another human being with malice but without premeditation and deliberation. State v. Robbins, 309 N.C. 771, 775, 309 S.E.2d 188, 190 (1983). Voluntary manslaughter is the killing of another human being without malice and without premeditation and deliberation under the influence of some passion or heat of blood produced by adequate provocation. State v. Tidwell, 323 N.C. 668, 673, 374 S.E.2d 577, 580 (1989).

"A killing is 'premeditated' if 'the defendant formed the specific intent to kill the victim some period of time, however short, before the actual killing.' " State v. Morston, 336 N.C. 381, 402, 445 S.E.2d 1, 12 (1994) (quoting Bonney, 329 N.C. at 77, 405 S.E.2d at 154). A killing is with...