State v. Weik, No. 25526.

• Court: United States State Supreme Court of South Carolina
• Citation: 587 S.E.2d 683,356 S.C. 76
• Docket Number: No. 25526.
• Decision Date: 03 September 2002
• Parties: The STATE, Respondent, v. John Edward WEIK, Appellant.

356 S.C. 76
587 S.E.2d 683

The STATE, Respondent,
v.
John Edward WEIK, Appellant

No. 25526.

Supreme Court of South Carolina.

Heard June 25, 2002.

Decided September 3, 2002.

Certiorari Denied June 16, 2003.

356 S.C. 78

Assistant Appellate Defender Robert M. Dudek, of the South Carolina Office of Appellate Defense, of Columbia, for appellant

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Walter M. Bailey, of Summerville, for respondent.

356 S.C. 79

Justice PLEICONES

Appellant was convicted of first degree burglary and murder, and received a death sentence upon the finding of burglary and physical torture as aggravating circumstances. This opinion combines appellant's direct appeal and this Court's mandatory sentencing review pursuant to S.C. Code Ann. § 16-3-25 (1985). We affirm.

Facts

Appellant and the victim had a ten-year-old son who lived with the victim. On April 30, 1998, as he finished his shift at work, appellant told his supervisor that he was troubled with events going on in his personal life about his son and that he planned to go to the victim's home that evening to try to resolve the problems. Appellant told his supervisor he might not be at work the next day because he was unsure what would happen. After returning to his home, appellant had a telephone conversation with his son, then left for the victim's trailer. He had a loaded shotgun in his truck.

Appellant and the victim were observed arguing on the victim's porch. Appellant stated that the victim told him he would not be able to see his son anymore. A neighbor observed the victim enter her trailer, and saw appellant go to his truck and return to the trailer carrying the shotgun.

Appellant kicked open the door. Witnesses heard a shot; one heard a scream. Another witness testified that a minute to a minute and a half passed before more shots were fired. When appellant left the scene in his truck, a neighbor entered the trailer and found the victim dead inside. Appellant's son and the victim's young daughter, both of whom were in the trailer during the shooting, were unhurt.

Police officers were notified of the shooting; appellant was stopped not far from the scene. He confessed to two different officers at the roadside, and asked for the death penalty. Appellant gave a taped confession later that evening, and then wrote a statement. He consistently asked for the death penalty, and stated that a voice had told him to shoot the victims. He told others he had observed the shooting as if watching it on a monitor or screen.

356 S.C. 80

Appellant admitted shooting the victim first in the arm, then in the chest, then the stomach, and again in the upper chest and face. The victim was shot from close range with a 12 gauge automatic shotgun loaded with three inch 00 buck shot. The pathologist identified at least five shotgun wounds, and testified that the arm wound would have been extremely painful

Issues

Appellant raises six issues on appeal:

1. Whether the trial court erred in finding appellant competent to stand trial following the pretrial Blair¹ hearing?;

2. Whether the trial court erred in refusing to accept appellant's offer to plead guilty but mentally ill (GBMI)?;

3. Whether the trial court erred in refusing to hold a second competency hearing at the conclusion of the evidentiary presentation in the guilt phase of the trial?;

4. Whether the trial court erred in not submitting GBMI as a form of the verdict in the guilt phase?;

5. Whether the court erred in admitting twelve color photographs in the penalty phase of the trial?; and

6. Whether appellant's death sentence is disproportionate to the crime?

We address these issues below.

1. Competency

The week before appellant's trial commenced the judge conducted a Blair hearing to determine appellant's competency to stand trial. Both the State's experts and appellant's experts agreed that appellant suffers from a mental disorder,² and that he was not a malingerer. They disagreed, however, whether appellant's condition rendered him incompetent to stand trial.

356 S.C. 81

The test for determining competency to stand trial is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as a factual understanding of the proceedings against him. Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); State v. Reed, 332 S.C. 35, 503 S.E.2d 747 (1998). Competency is required to ensure that [the defendant] has the capacity to understand the proceedings and to assist counsel. Godinez v. Moran, 509 U.S. 389, 113 S.Ct. 2680, 125 L.Ed.2d 321 (1993). The defendant bears the burden of proving his lack of competence by a preponderance of the evidence, and the trial judge's ruling will be upheld on appeal if supported by the evidence and not against its preponderance. State v. Reed, supra.

The trial judge determined appellant was competent to stand trial based on the opinions of the State's experts, and on his own observations of appellant. We find no error. See e.g. State v. Kelly, 331 S.C. 132, 502 S.E.2d 99 (1998); State v. Bell, 293 S.C. 391, 360 S.E.2d 706 (1987).

2. Plea

During the arraignment in the jury's presence, the trial judge asked whether appellant was pleading guilty or not guilty. Appellant's attorneys were permitted to approach, and an off-the-record bench conference was held. One of appellant's attorneys then stated, Your honor, [appellant] intends to plead guilty, but mentally ill.

The jury venire was qualified, and the potential jurors divided into panels. Before individual voir dire began, there was a colloquy between the trial judge and appellant. During this session, appellant told the judge he wanted to plead guilty to murder. When the judge defined the elements of murder, appellant denied he had acted with malice, and the judge declined...