State v. Young, 3983.

CourtUnited States State Supreme Court of South Carolina
Citation613 S.E.2d 386
Decision Date02 May 2005
Docket NumberNo. 3983.,3983.
PartiesThe STATE, Respondent, v. Derringer L. YOUNG, Appellant.

ANDERSON, J.:

Derringer L. Young was charged with possession with intent to distribute crack cocaine, criminal sexual conduct in the first degree, and kidnapping. He pled guilty to the possession charge, and a jury convicted him of kidnapping, and of assault and battery of a high and aggravated nature as a lesser included offense of criminal sexual conduct. On appeal, Young argues (1) the trial judge erred by admitting evidence of his prior convictions for criminal sexual conduct and criminal domestic violence, and (2) the State improperly injected race as a motive. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Young was accused of kidnapping and raping the victim in the early morning hours of September 9, 2001, in downtown Charleston, South Carolina. Following dinner the previous evening, the victim drove downtown by herself to purchase crack cocaine. She testified she had done this numerous times before. The victim bought crack cocaine on this particular night from Young because he "looked familiar to [her], like [she] had bought from him before." After purchasing crack from Young, the victim smoked it and asked to buy more. He indicated he needed a ride to get more crack, and she agreed to drive him. Young became enraged when the victim informed Young she wanted more crack so that she could return home and smoke it with her husband. She alleges Young hit her, forced his way into the driver's seat, drove to a secluded area, and raped her.

At approximately nine o'clock a.m., Corporal Sherry Niblock spotted the victim's car parked and observed the victim fully reclined in the passenger seat with Young on top of her. When Young saw Niblock, he jumped into the driver's seat and sped away in the vehicle. Niblock testified that the victim looked exhausted, had been crying, and had bruises on her neck. Niblock stated the victim "rolled her head over at [her] and said, `Would you please just help me?'" Niblock dispatched information about the vehicle, which Officer Peter Hall located approximately ten minutes later. According to Hall, the victim looked exhausted and had marks on her neck and wrists. A rape exam was inconclusive as to whether sexual assault had occurred.

Young testified at trial and gave a much different account of his encounter with the victim on the night in question. According to Young, the victim was one of his customers. He stated the two of them drove around all night smoking crack and talking.

Throughout his testimony, Young conveyed his concernment for the victim's safety. He averred that he had previously sold drugs to the victim and on the night of the alleged rape, she returned to the place they had first met and asked for him. Young proclaimed he sold her $80 worth of crack, which the two of them smoked. After consuming the crack, the victim asked for more. Young recounted:

A. Right after that she said she aint had anymore money. So I said, well, I'll get the drugs for you. Just whenever, you know, you come back down the area, bring the money to me.

Now I was able to trust her, because like I say before, once a person deal with you and we use the word and the term keep it real. She kept it real.

And I was able to trust [the victim]. So any time that she would come down — and then I also told some people, said, If she come down, I don't want nobody talking to her. I don't want nobody selling her nothing. I don't want nobody bothering her. Leave her be whenever she come, because she's coming to me.

....

Q. Well, tell me what happened after she asked you for some more drugs. What did y'all do?

A. Well, we get the drugs.

Q. How did you get the drugs?

A. Well, I was getting all the drugs fronted to me by some people that I know.

Q. Okay. And was she paying you for them?

A. Well, she aint had no more money.

....

Any time we would run low [on drugs], [the victim] would feel that, you know, she have to have more than what she got.

So I like, Well, ... you know you got to get back on the road soon, you know?

So she like, I'm going to be all right. I'm going to be all right.

I said, But then I don't want nothing to happen to you, because people saw, you know, me and you, you know, riding around together. And me and you were riding around for —

....

And I do remember saying, ... you got to get back on the road soon. You know, because you know, I don't want nothing to happen to you down here, because people saw me and you together, you know?

So she said, I'm going to be all right. I'm going to be all right.

So I said, Okay. I said, Come on then, take me back on the block and I'll go and get something else for you.

....

So we park on Sheppard Street. I said, ... lock your windows. Up your windows. Don't talk to nobody. I mean nobody.

So she said, Okay. I said, Just give me five minutes and I'll be right back.

So I got out of the vehicle....

....

I got the drugs and I came back. This little fellow by the nickname of Daddy, which is his real nick — his real name is Antwan Grant.

So when I came up, I saw him and [the victim] talking. I said, Yo, what are you doing to the vehicle? You know I don't play that with nobody around here.

He said, Man, I was coming down the street, man, and I saw this white girl in this vehicle and I thought something was wrong. I know for a fact, dog, you always in this area.

So she probably thought he was spying on me or something.

I said, No, she with me, man.

So at that time I didn't know [the victim] and him had already done spoke.

So she said, Let me hold on him for a minute, Duke.

I said, ... you aint come down here to talk to nobody, you come down here to deal with me; not nobody else.

So at that time I was kind of like — can I continue?

Q. Yes.

A. I was like getting angry with [the victim] because I was like, wait a minute. You come to deal with me, not nobody else. So if something happened to you, everybody going to look at me; not this man right here....

(Emphasis added).

At this point, Grant entered the car with Young and the victim. According to Young, Grant directed the victim to drive to a certain location and park the vehicle. Grant then asked to be alone with the victim. Young, on direct examination, described his reaction:

He said, because I need to holler at her, dog.

I said, Yo, you aint got no words for her, period.

She said, it's all right. You're with me Duke, so I aint worried about nothing.

....

So [the victim] said Step out a minute, let me holler at him.

So I look at her like — now I'm getting real angry with [the victim], because, first of all, she don't have to belittle herself like that, because like I said before, I'm giving you all these drugs. I haven't asked you for nothing but keep it real. So then —

Q. When you say haven't asked for nothing, what do you mean?

A. I have asked her for no sex....

....

Q. When you said you don't have to belittle yourself like this, what do you mean?

A. Well, what I was saying by belittling herself, she don't have to play herself to a low standing just to get what she want when she got somebody who going to get it for her.

....

A. — I got out of the vehicle. I got out the passenger seat. When I got out the passenger seat, Daddy got out the back seat and got in the front seat. I went and I stood to the back part of the vehicle.

....

... I thought that all they was going to do was talk and trade drugs.

So when I went back to the passenger side, now I see [the victim] performing oral sex on Daddy. And when [the victim] is performing oral sex on Daddy, I knocked on the window, and I did like this right here to her. (Demonstrating.)

So I walked back to the back part of the vehicle. When I walked back to the back part of the vehicle, that's when I said, no, I aint going to let this go down like this right here, because, see, I'm the type of person that I get angry when there's something going on that I don't like. So I walk back —

Q. Mr. Young, just talk about what happened.

A. Yes, sir.

....

Q. Did you stay and watch what happened?

A. I stayed to the back of the vehicle, because just like I say, I didn't want to leave her.

(Emphasis added).

Grant left their company, and Young and the victim continued to drive around together getting high. Young testified that around five o'clock a.m. the victim expressed she was not ready to return home.

A. And at this time we sat right there by the East Side Community Center and that's when she said, I need to talk to you about something. She said, I aint ready to go. Not yet.

I said, okay. What's up? So she like start crying. So I said ... look, I aint angry no more.

Because, see, like I told my lawyer, I hate to see a female cry.

....

So I said, ... I aint angry at you no more....

... I'm going to make sure you all right, you know?

(Emphasis added).

Young then averred:

A. So at this time [the victim] was like, I still want to do something for you.

I said, okay. What?

So she said, I want to have oral sex with you.

So I said ... if that going to get you to chill out, quit crying and all that, do what you got to do.

So at this time when [the victim] went down on me, I was feeling bad.

I said, no, ... stop. I said, stop.

I said, because I can't get down like this right here. If I going to argue at you behind us then I'll be just as wrong if I allowed myself to let you go through this right here.

(Emphasis added).

Following Young's direct examination the State argued that he opened the door to admission...

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