State v. Zuniga

• Decision Date: 06 November 1984
• Docket Number: No. 2A84,2A84
• Citation: 312 N.C. 251,322 S.E.2d 140
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Bernardino ZUNIGA.

Page 140

322 S.E.2d 140

312 N.C. 251

STATE of North Carolina v. Bernardino ZUNIGA.

No. 2A84.

Supreme Court of North Carolina.

Nov. 6, 1984.

Rufus L. Edmisten, Atty. Gen. by Harry H. Harkins, Jr., Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender, and Robin E. Hudson, Asst. Appellate Defender, for defendant-appellee.

MEYER, Justice.

At approximately 2:00 p.m. on the afternoon of 13 July 1982, 7-year-old April Lee Sweet was reported missing. Her body was discovered later that afternoon on the Calvin Johnson farm near Taylorsville in rural Alexander County. The victim had been stabbed, her throat had been cut, and, as was later confirmed by autopsy, she had been raped.

As a result of investigation conducted during the afternoon and evening of 13 July, law enforcement authorities determined the following:

On the morning of 13 July the victim's grandfather, Calvin Johnson, saw the defendant, whom he had known as Richard Lopez, traveling by taxicab toward the Johnson home. Mr. Johnson had previously employed the defendant as a farm worker. The cab driver took his passenger to the Johnson home and let him out at the house. It was further learned that later that day a Mexican male took a taxicab from Taylorsville to Statesville where he caught a bus destined for Pine Bluff, Arkansas. The passenger was identified as the defendant, Bernardino Zuniga, by means of a check which he had cashed with the driver of the taxicab. Based on the information given by these witnesses, law enforcement authorities determined that the prime suspect in the murder of April Sweet was the defendant, Bernardino Zuniga, also known as Richard Lopez--a Mexican male, approximately five feet nine inches in height, weighing approximately 155 pounds; that he had a mustache; and that when last seen he was wearing blue jeans, a blue-grey shirt, and possibly a ball cap. Law enforcement authorities were also aware that the suspect had fled the area and that in a matter of hours, the bus in which he was riding which was destined for Arkansas would arrive for a scheduled stop in Knoxville, Tennessee. Thus, this information was relayed to law enforcement authorities in Knoxville, Tennessee first by telephone and then over the Police Information Network.

In response to the request of North Carolina law enforcement authorities that defendant be held "for investigative purposes and for interview," Knoxville police, after conferring by telephone with the North Carolina authorities, met the bus in which defendant was believed to be riding. Defendant, the only Mexican male aboard the bus, was detained. Although defendant was wearing tan colored pants when he arrived in Knoxville, he was carrying a pair of wet blue jeans in a rolled-up paper bag. Defendant was taken to the Knoxville Police Department where he was placed in custody awaiting the arrival of North Carolina law enforcement authorities. During this time, the Knoxville police seized certain items of an incriminating nature, including a photograph of the victim found in defendant's wallet and a pair of bloodstained undershorts. After waiving extradition, defendant was returned to North Carolina on 14 July 1982 at which time an arrest warrant was issued for the murder of April Lee Sweet. On 19 July 1982, an arrest warrant was issued against the defendant for the first-degree rape of April Lee Sweet.

Prior to trial the defendant moved to suppress all evidence "seized or taken from the defendant upon his being taken into custody by law enforcement officers on or about July 13, 1982 in Knoxville, Tennessee," on the ground that at the time defendant was taken into custody, there was no probable cause to believe that defendant had committed the crime for which he was later charged. At the conclusion of the suppression hearing, the trial judge made the following pertinent findings of fact:

(1) That on the morning of the 13th day of July, 1982, the defendant was observed by Calvin Johnson, the grandfather of April Lee Sweet, in the vicinity of the home of Calvin Johnson while proceeding towards the home of Calvin Johnson by way of a taxicab.

(2) That later, April Lee Sweet was found to be missing and in the late afternoon her body was discovered, which said body appeared to the officers to have been stabbed and raped.

(3) That Calvin Johnson knew the defendant by the name of Richard Lopez and had several years prior to 1982 employed the defendant.

(4) That a taxicab took a man to the home of Calvin Johnson on the morning of the 13th day of July, 1982.

(5) That the defendant or someone with the same general description, had on the 13th day of July, taken a bus from Statesville, North Carolina, to Pine Bluff, Arkansas, which was scheduled to arrive in Knoxville, Tennessee, at approximately 10:45 p.m. on said date.

(6) That the foregoing information was known to State Bureau of Investigation Agent Lester and Detective Hayden Bentley of the Alexander County Sheriff's Department, and the same was communicated by telephone, and the Police Information Network to Detective Moyers of the Knoxville Police Department along with a request that assistance be rendered in detaining a Mexican male who was on the heretofore referred to bus for interview and investigation.

(7) That Detective Moyers and the other officers of the Knoxville Police Department met the said bus and the defendant was the only person on said bus who appeared to be of Mexican origin and who met the physical description previously furnished to them. The clothing being worn by the defendant was not as had been described.

(8) That upon encountering the defendant, Detective Moyers, felt or looked through the bag or package that was in the defendant's possession and found a pair of jeans, wet or damp, which he had been informed might be part of the clothing of the person under investigation.

(9) That Detective Moyers did not formally arrest the defendant but he did take him into custody and would not have allowed the defendant to leave had the defendant desired or attempted to do so.

(10) That at the time that Detective Moyers took the defendant into custody, he believed that the North Carolina authorities had probable cause to obtain a warrant charging the defendant with rape and murder.

(11) That at the time that Detective Moyers took the defendant into custody, Detective Moyers believed that the defendant had probably committed the crimes in question.

(12) That the beliefs of Detective Moyers concerning probable cause were based on information furnished to him in good faith and which he relied upon in good faith.

(13) That the defendant was transported to the Knoxville Police Department where head hair samples, fingernail scrapings, and pubic hair samples were obtained. His wallet was also taken at this time.

(14) That an interpreter was called because the defendant appeared to have difficulty understanding the Knoxville police officers even though he had informed them at the bus station that he understood the English language.

(15) That the defendant had been apprised of his rights in accordance with, Miranda vs. Arizona, at the bus station and furnished a copy of those rights in order that he might read and sign them and he did appear to, in fact, read the said rights.

(16) That at the time of taking the pubic hair samples Detective Moyers observed that the defendant pulled his trousers and undershorts down together and also used the same method in pulling up his trousers.

(17) That the defendant was placed in jail because of other matters within the duties of the Knoxville police officers, and because of the time needed for the North Carolina officers to arrive in Knoxville, Tennessee.

(18) That Detective Moyers, upon reflection, became concerned about the manner in which the defendant had removed and replaced his trousers during the obtaining of the pubic hair samples and he went to the jail for further investigation. At this further investigation, it was discovered that the defendant's undershorts had a large spot or spots of blood thereon.

(19) That the North Carolina officers arrived at the Knoxville Police Department in the early morning hours of July 14, 1982.

(20) That the defendant's wallet containing a picture of April Lee Sweet and the condition of the defendant's undershorts were made known to the North Carolina officer by Detective Moyers.

(21) That through an interpreter that arrived the defendant was again advised of his rights in accordance with, Miranda v. Arizona, and he refused to sign a waiver thereof without an attorney present, but then immediately stated he would sign the waiver and return to North Carolina.

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Based on the foregoing findings the trial judge made conclusions of law which included the following:

(1) That in the late afternoon of July 13, 1982, the law enforcement officers of the State of North Carolina and more particularly, the State Bureau of Investigation, Agent Lester and Detective Hayden Bentley of the Alexander County Sheriff's Department, had probable cause to believe that a felony had been committed, the same being murder and rape.

(2) That at the time of the communications between the North Carolina law enforcement officers and Detective Moyers of the Knoxville Police Department, the North Carolina officers did not have probable cause to believe that the defendant was the perpetrator of those crimes heretofore mentioned.

(3) Though mistaken, Detective Moyers was of the opinion that the North Carolina officials had probable cause and believed that the defendant was the perpetrator of the murder and rape and he himself believed that the defendant probably committed those crimes.

(4) That the detention of the defendant in Knoxville, Tennessee, from the late evening hours of July 13, 1982, until the early morning hours of July 14, 1982, was without a warrant of arrest or probable cause.

(5) That, though the officer's actions...