State v. Barts

362 S.E.2d 235, 321 N.C. 170, 1987 N.C. LEXIS 2558
CourtSupreme Court of North Carolina
DecidedDecember 2, 1987
Docket370A84
StatusPublished
Cited by20 cases

This text of 362 S.E.2d 235 (State v. Barts) 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. Barts, 362 S.E.2d 235, 321 N.C. 170, 1987 N.C. LEXIS 2558 (N.C. 1987).

Opinions

MARTIN, Justice.

On 20 November 1983 the body of Richard Braxton, aged seventy-four, was discovered on the porch of his Alamance County farmhouse. His face and head were battered and covered with blood and both eyes were blackened. An autopsy performed by Dr. Robert Anthony, assistant chief medical examiner for the state, revealed that the victim had suffered at least seven forceful blows to the head which had crushed his skull and caused bone fragments to be driven into his brain. Among numerous bruises and lacerations were defensive wounds on one hand.

Based on information obtained from other suspects in the crime, the Alamance County Sheriffs Department arrested defendant on 5 December at North Carolina Memorial Hospital, where he was receiving treatment for alcohol abuse. Defendant was advised by police that his cousin Keith Barts had implicated him in the victim’s death. Defendant then made an oral statement which was reduced to writing and signed. A similar statement was videotaped on 8 December.

[173]*173These statements tended to show that defendant was recruited by Keith Barts and John David “Fireball” Holmes to participate in the robbery of Richard Braxton. The elderly Braxton lived alone on his Snow Camp farm and was rumored to carry large amounts of cash. On 19 November 1983, Holmes dropped defendant and Keith off near the Braxton farmhouse. The cousins had armed themselves with a small crowbar and a rubber hubcap hammer and were wearing masks and gloves. No one was at home, so Keith pried open a door. Inside they discovered a .22-caliber pistol and a sling blade, both of which they appropriated. Defendant thought he might use the sling blade to hit the victim on the arm to “get his attention” so he could push him down and let Keith take his money. After unsuccessfully searching the house for money, they went outside to look in the shed. Keith abandoned the crowbar there and defendant exchanged the sling blade for a baseball bat. They then returned to the house where they remained until they spotted headlights coming up the driveway.

Braxton drove up and noticed that the shed door had been left open. As he stepped inside to investigate, defendant ran toward him, swinging the baseball bat. Braxton picked up the discarded crowbar and hit defendant on the arm and in the face, causing him to drop the bat. Defendant, calling for Keith’s aid, pushed Braxton onto the shed steps. Braxton grabbed defendant and the two were struggling when Keith arrived and began to hit Braxton with the rubber hammer and the baseball bat. When Braxton lay still, defendant unzipped the pocket of his bib overalls and took his wallet, containing about $3,200. Keith hit Braxton once more with the bat. The cousins then drove the victim’s pickup truck to a bridge where they had previously arranged to meet Holmes. They abandoned the truck, disposed of the bat and wallet, and returned home to divide the cash.

Defendant pled guilty to murder in the first degree, burglary in the second degree, felonious larceny, and robbery with a dangerous weapon. After entry of his guilty pleas, a jury was empaneled pursuant to N.C.G.S. § 15A-2000(a) for purposes of determining defendant’s punishment for murder in the first degree. At the sentencing proceeding, the state presented expert medical testimony and introduced defendant’s statements into evidence. The state also presented expert testimony as to blood [174]*174spatter evidence which tended to contradict defendant’s claim that he himself did not strike the victim.

Defendant testified on his own behalf, consistent with his prior statements. He blamed Keith for the beating and denied that he had ever intended that the victim be killed. He also presented evidence that his mother died when he was three years old, that he quit school during the eighth grade to help his father on the family farm, and that he began to abuse alcohol as early as the age of twelve. Although his heavy drinking and drug abuse kept him from holding a steady job, he did the cooking and housekeeping for his wife and two sons and did carpentry, leatherwork, and odd jobs for his neighbors. He had been hospitalized repeatedly for his drinking problem.

The jury found the following circumstances in aggravation: the defendant had previously been convicted of a felony involving the use or threat of violence to the person, N.C.G.S. § 15A-2000 (e)(3); the murder was committed while defendant was engaged in the commission of armed robbery, N.C.G.S. § 15A-2000(e)(5); the murder was especially heinous, atrocious, or cruel, N.C.G.S. § 15A-2000(e)(9).

The jury rejected each of twenty-one mitigating circumstances submitted. Upon unanimously finding beyond a reasonable doubt that the aggravating circumstances were sufficiently substantial to call for the imposition of the death penalty, the jury recommended that defendant be sentenced to death. Judgment of execution was entered on 7 June 1984. The judge then sentenced defendant to consecutive sentences of forty years’ imprisonment for robbery with a dangerous weapon, thirty years’ imprisonment for burglary in the second degree, and three years’ imprisonment for felonious larceny. Defendant appealed the sentence of death to this Court as a matter of right, and his motion to bypass the Court of Appeals as to the other sentences was allowed on 13 July 1984.

By his first assignment of error, defendant argues that the trial court erred in accepting his plea of guilty to murder in the first degree. A plea of guilty involves the waiver of various fundamental rights such as the privilege against self-incrimination, the right of confrontation, and the right to trial by jury. Consequently, through N.C.G.S. § 15A-1022(a) and (b), our legislature [175]*175has sought to ensure that such pleas are voluntary and the product of informed choice. State v. Sinclair, 301 N.C. 193, 270 S.E. 2d 418 (1980). Defendant contends (1) that he did not knowingly and voluntarily enter the plea as to both the felony murder and the premeditation and deliberation theories of murder in the first degree and (2) that there was no factual basis to support the plea as to the premeditation and deliberation theory. We disagree.

The record of defendant’s plea proceeding contains the following colloquy:

The COURT: Now, in connection with the charge of First Degree Murder, you understand that you’re pleading guilty to First Degree Murder on two theories: First, on the basis of malice, premeditation, and deliberation?
The Defendant: I didn’t understand it, Your Honor.
The COURT: All right. I’ll go through this for you.

The trial judge then proceeded to define the elements of premeditated and deliberate murder. He also discussed the principles of acting in concert. The colloquy continued:

The COURT: Now, what I am saying is that the State in its proof — if it proves that you were acting in concert with Keith Barts, and if Keith Barts committed all of the acts necessary to constitute First Degree Murder with malice, premeditation, and deliberation pursuant to a common plan or purpose to commit First Degree Murder, then you equally would be guilty of First Degree Murder under that theory.
If you were present at the scene.
Now, there is another theory of First Degree Murder, and that is called Felony Murder. And I’ll explain that to you at this time.

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State v. Barts
362 S.E.2d 235 (Supreme Court of North Carolina, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
362 S.E.2d 235, 321 N.C. 170, 1987 N.C. LEXIS 2558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barts-nc-1987.