State v. Angel

408 S.E.2d 724, 330 N.C. 724
CourtSupreme Court of North Carolina
DecidedOctober 3, 1991
Docket505A90
StatusPublished
Cited by2 cases

This text of 408 S.E.2d 724 (State v. Angel) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Angel, 408 S.E.2d 724, 330 N.C. 724 (N.C. 1991).

Opinion

408 S.E.2d 724 (1991)
330 N.C. 724

STATE of North Carolina
v.
Jackie Robert ANGEL.

No. 505A90.

Supreme Court of North Carolina.

October 3, 1991.

Lacy H. Thornburg, Atty. Gen. by Debra C. Graves, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Teresa A. McHugh, Asst. Appellate Defender, Raleigh, for defendant appellant.

WHICHARD, Justice.

In a noncapital trial, defendant was convicted of the murder of his wife, Betsy Angel. Pursuant to N.C.G.S. § 7A-27(a) (1989), defendant appeals as a matter of right his conviction of first-degree murder and sentence of life imprisonment. Defendant assigns as error the introduction into evidence of a number of allegedly hearsay statements. Assuming error arguendo in the admission of the statements, we conclude that the error was harmless.

The State's evidence tended to show that in February 1989, defendant sought treatment at Appalachian Hall, a substance abuse center. Defendant left Appalachian Hall in late February, two or three weeks before he killed Betsy Angel on Friday, 10 March 1989. At the time of the killing, defendant and the victim had been separated for six or seven months.

Steve Angel, defendant's brother, testified that he saw defendant at about 7:15 on the morning of the shooting. Steve Angel was driving to work when he passed defendant; defendant hit his brakes, turned around, and caught up with his brother. The two men pulled off the road and began talking. Steve Angel testified that defendant said "[h]e was going to go to Alaska, but he had some things he had to do before he went to Alaska.... He said that he had to kill Betsy before he went to Alaska.... and then he said, I might kill myself." Steve Angel testified that he tried to talk defendant into riding around with him for a while, but defendant just turned around, got back in his truck, and left. Defendant followed Steve Angel down the road briefly, *725 but then turned his car around and drove back towards the Mashburn Branch Community where Betsy Angel lived. Steve Angel drove to work and informed the police of defendant's intentions; he then drove to his father's house where he called to warn Betsy.

At about 7:55 that morning Thelma Angel, defendant's sister-in-law and Betsy Angel's neighbor, phoned Betsy to warn her that she had seen defendant's truck in the yard. Thelma Angel testified that she watched as defendant got out of his truck, reached down to pick up something inside the cab, pulled down the tail of his coat, and walked to the deck at the rear of Betsy's house. Thereafter, Thelma's attempts to call Betsy's house resulted in a busy signal.

Travis Angel, the fifteen-year-old son of defendant and Betsy Angel, was at home with his mother the morning of 10 March 1989. Travis testified that he was dressing for school as he saw his father drive up to the house. He heard his father step onto the deck and begin talking to his mother. He described the scene as follows:

[Betsy said p]eople who love people don't do this.... And they talked around for a little while, and [defendant] said, let me in. She goes, I don't think you need in. And he goes, let me in, and there was this pushing around, and then I heard her yell, Travis.... And so I just ran in there, and when I got to the steps, I heard a gun go off. And Mama came around the corner, and she was holding her side and said, he shot me. And Daddy came around the corner and he was holding a gun, and he—his eyes and stuff—you know, they were just like a glazed over look.

While defendant followed Betsy into the bedroom, Travis ran to the bathroom; then he ran upstairs to get his shotgun. Travis came back downstairs and met defendant at the foot of the stairs. Travis asked defendant to give up the gun, and defendant said, "[s]hoot me Travis, I'm crazy." Travis again asked for the gun, and defendant said he was leaving. Defendant then left, and Travis called for an ambulance and began administering cardiopulmonary resuscitation to his mother.

Dr. Michael B. Rohlfing, a forensic pathologist, testified that Betsy Angel died from loss of blood. His autopsy revealed that a single bullet entered the left back and exited above the left breast. The bullet penetrated the left lung and the upper vessel of the heart.

Defendant was arrested soon after the shooting. Police found a .38 caliber Smith and Wesson, snub-nosed, nickel-plated revolver in the cab of defendant's truck. The parties stipulated that the gun found in defendant's truck contained one spent cartridge and five live ones; they further stipulated that a bullet found in the wall of Betsy Angel's house matched the revolver found in defendant's possession.

The State introduced several statements made by defendant following his arrest. State Bureau of Investigation Agent Moody testified that defendant signed a written waiver of his rights and agreed to answer questions. According to Moody, "[defendant] could not deny that he had shot his wife and to quote his words, he said `all I can say, is I done it'" Defendant said that he and Betsy had been separated for about six months and "that he could not stand her running around with other men." Defendant said he woke up early on 10 March 1989, and then he drove to Richard Laughlin's house to get a .38 revolver that Laughlin kept in his truck. Defendant then drove around until he met his brother, Steve Angel; the two brothers talked for a while by the side of the road. Moody further described defendant's statement as follows:

[A]fter leaving Steve, he went to Betsy's house.
... He said that he parked the truck and went up on to the porch and knocked at the sliding glass door. He said that after knocking at the door, Betsy came to the door and opened it. He said that he accused her of running around, and she told him that she'd do what she wanted to do. He said that after she told him that, that he drew the pistol from the waist band of his pants; that he *726 had been carrying it in the back. And that when she saw the gun, she turned to run. He said as she turned to run from him, he shot her in the back.
... He said that he just couldn't let her run away from him.

Moody testified:

I asked him if the shooting was an accident. He said that it was not. He went on to say that he was not proud of what he had done, and I quoted him as saying, "that it would take a sorry man to do something like that."
....
I asked him if he intended to kill her. He said that he did not have any intentions to kill her, and after pausing, added, "but maybe I did, I shouldn't have gotten that gun."

Several witnesses testified on defendant's behalf to the effect that defendant may have been insane at the time of the shooting. Joe Doster, a member of the Macon County Emergency Medical Service, testified that he saw defendant as the police brought him into the sheriff's office on 10 March 1989. Doster testified that defendant had a blank look on his face; he described defendant as looking like someone in shock.

Dr. Martin Youngelston, accepted by the court as an expert in forensic psychology, testified that defendant suffered from posttraumatic stress disorder. Dr. Youngelston opined that defendant had dissociated at the time of the shooting. He explained that "dissociation" means functioning in another frame of mind, another level of consciousness.

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408 S.E.2d 724, 330 N.C. 724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-angel-nc-1991.