State v. Wilson
| Decision Date | 05 May 1988 |
| Docket Number | No. 654A84,654A84 |
| Citation | 367 S.E.2d 589,322 N.C. 117 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Michael Ray WILSON. |
Lacy H. Thornburg, Atty. Gen. by Tiare B. Smiley, Asst. Atty. Gen., Raleigh, for State.
Malcolm Ray Hunter, Jr., Appellate Defender by Geoffrey C. Mangum, Asst. Appellate Defender, Raleigh, for defendant.
After a thorough review of the record and all the assignments of error made by defendant, we find no error in the guilt phase of the trial. Because we find error in the sentencing phase, we vacate defendant's sentence of death and remand to the trial court for a new sentencing hearing.
Upon pleas of not guilty, defendant was tried by jury on indictments charging murder and first degree kidnapping of Larry Grant Walker.
The State's evidence tended to show that Dr. A.J. Coppridge, a Durham doctor, owned a farm in Person County and that he had discovered that someone had broken into three barns on his farm some time in January 1984 and had stolen some farm equipment. Deputy Sheriff Dennis Oakley had seen defendant, his brother Larry Wilson and Larry Walker in defendant's pick-up truck on a dirt road near the Coppridge farm on or about 19 January 1984.
Deputy Oakley testified at trial that on 10 February 1984, Larry Walker came to the sheriff's office to see him. When they went outside to talk, Larry Walker told the deputy that he knew all about the break-in at the Coppridge farm, indicating that he had been involved in the break-in with defendant, defendant's brother Larry Wilson and Woody Blalock. Walker also told the deputy that defendant, defendant's brother and Blalock had beaten him and threatened to kill him two to three weeks earlier if he told anyone about the break-in. Walker told the deputy that Larry Wilson had one of the tractors from the break-in, but that the others had moved the remainder of the farm equipment so he would not know its whereabouts.
On 11 February 1984, using the information given to him by Walker, Deputy Oakley went out to view Larry Wilson's yard from the road and observed a Ford tractor there. The deputy also took Dr. Coppridge out to Larry Wilson's home to see the tractor in the yard, and the doctor identified the tractor as his own.
On 12 February 1984, Deputy Oakley obtained a search warrant for Larry Wilson's farm, based on the information he had received from Larry Walker and from his own observations. Some of Dr. Coppridge's stolen property was identified by the doctor and seized from Larry Wilson's property. Larry Wilson was arrested later by Oakley for possession of stolen property. The affidavit attached to the application for the search warrant disclosed that the deputy had obtained his information about the Coppridge break-in from a confidential informant and identified the informant as Larry Walker. The deputy testified that when Larry Wilson was in the back seat of the patrol car after his arrest, Wilson read the application and made a comment when he read the part of the affidavit naming Walker.
Oakley testified that on 13 February 1984, he went to see Larry Walker at his place of employment after the arrest of Larry Wilson to advise Walker that he would be charged with the Coppridge At the trial of defendant, Woody Blalock became a witness for the State and testified against defendant on the basis of a plea bargain reducing the charge against him to second degree murder with a sentence of life imprisonment. Blalock testified that on the evening of 13 February 1984, defendant told him that he had received word from defendant's brother that Larry Walker was "snitching on him" and that he wanted to see Walker. The two then telephoned Walker at work and rode in defendant's car to the parking lot at Walker's workplace.
break-in. Oakley agreed not to arrest Walker for a few [322 N.C. 123] days because Walker wanted to work. Oakley told Walker that both he and defendant would be charged as soon as he gathered more evidence. That evening Walker was picked up at work by defendant and Woody Blalock.
Blalock further testified that when they arrived at Walker's place of employment, Walker was standing there waiting for them and got into the back seat of defendant's car. Walker asked what was the problem and said that he only had a few minutes. Defendant handed him a beer and said "let's ride down the road and talk." Walker acted as if he wanted to leave, but defendant shut the door and called Walker a snitch, saying he snitched on his brother Larry Wilson, and "they needed to go get this thing taken care of." Defendant told Walker that Blalock had a gun and Blalock took his Swiss army knife out of his pocket and placed it next to his leg. Defendant then backed out of the parking lot and headed south on Old Durham Road.
Defendant continued driving and asked Walker whether he had gone to the sheriff's department and informed on defendant's brother for having stolen property at his house. Walker denied doing so and turned to Blalock saying, "you know I wouldn't do that." Defendant then drove along several back roads and kept asking Walker about informing to the police and Walker kept denying it. Blalock further testified that at one point Walker told him that the only thing he had told one of the sheriff's deputies was about some tools that he had carried to Durham. Blalock testified that was when he turned around and hit Walker with his fist in the jaw.
After driving a series of back roads, the car approached a stop sign. When it had slowed to about ten or fifteen miles an hour, Walker tried to open the door to jump out. However, defendant grabbed him with his right hand, pulled him back in the car and sped through the stop sign without stopping. Blalock testified that after crossing the intersection and going onto a dirt road, the right rear tire went flat. Defendant stopped, crossed over the seat into the back with Walker, and handed Blalock the car keys.
Defendant then turned Walker onto his stomach, tied Walker's hands behind his back, looped the rope around Walker's neck and body, and pulled the loose end under Walker's groin area. Defendant pulled Walker out of the car and told Blalock to get a flashlight. With defendant holding the loose end of the rope and Blalock holding Walker's belt from behind, they walked about 100 to 150 yards into the woods to a small clearing. Defendant then hit Walker on the head with a tree limb and knocked him onto his back. Blalock further testified that defendant straddled Walker's chest and stabbed him several times. Blalock stated that he started looking around for lights in the area when he heard a gurgling sound. Defendant then stood up, folded his knife and handed it to Blalock saying Blalock then covered Walker's body with an old car seat and the two walked back to the road.
Defendant did not testify. The defense presented evidence tending to establish that defendant was elsewhere at the time of the homicide.
On 13 November 1984, the jury convicted defendant of the first degree murder of Larry Grant Walker on the basis of malice, premeditation and deliberation, as well as under the felony murder rule. Defendant was also convicted by the jury of first degree kidnapping. At the sentencing phase of the trial, the jury returned its On 15 November 1984, the trial court sentenced defendant to death for the murder conviction. In sentencing defendant for kidnapping, the trial court found factors in aggravation and sentenced defendant to a consecutive term of forty years. Defendant now appeals his murder conviction and sentence of death to this Court as a matter of right. An order staying execution of the death sentence was entered on 27 November 1984. On 13 March 1986, an order was entered allowing defendant to bypass the Court of Appeals for review of his conviction and sentence for kidnapping.
verdict recommending that defendant be sentenced to death, having found four factors in aggravation and having rejected six factors tendered as mitigation.
Defendant raises numerous assignments of error in connection with all phases of his trial. He brings forward as his first assignment of error that the trial court abused its discretion by denying his request for a pretrial psychiatric evaluation of Woody Blalock to determine Blalock's competency to testify. We find no abuse of discretion.
Prior to trial, defendant moved for a psychiatric evaluation of the State's witness Woody Blalock, alleging that Blalock had been hospitalized in psychiatric hospitals a number of times within the past ten years and that defendant had "reason to believe that the State's witness, Charles Woody Blalock, may be incompetent to testify as a witness or possibly may have been incompetent at the time of the transactions giving rise to these indictments." Through this assignment of error, defendant invites this Court to reexamine its previous ruling that trial judges do not have the discretionary power to compel an unwilling witness to submit to a psychiatric examination. See State v. Clontz, 305 N.C. 116, 286 S.E.2d 793 (1982); State v. Looney, 294 N.C. 1, 240 S.E.2d 612 (1978). We decline the invitation and adhere to our previous rulings on this question.
Defendant next assigns as error the denial of his requests for expert assistance, contending that he showed a specific need for such to prepare and present his defense. Prior to trial, defendant moved for funds with which to hire expert assistance in the fields of pathology, hair examination, fingerprints, and psychology. The trial judge allowed only defendant's request for a hair examination expert. We find no error.
In order to be entitled to the appointment of such experts at State expense or to the payment of such experts, defendant is required to make a particularized showing that (1) he will be deprived of a fair trial without the expert...
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