State v. Elgin

726 S.E.2d 231, 398 S.C. 39, 2012 WL 1699387, 2012 S.C. App. LEXIS 128
CourtCourt of Appeals of South Carolina
DecidedMay 16, 2012
DocketNo. 4974
StatusPublished
Cited by2 cases

This text of 726 S.E.2d 231 (State v. Elgin) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Elgin, 726 S.E.2d 231, 398 S.C. 39, 2012 WL 1699387, 2012 S.C. App. LEXIS 128 (S.C. Ct. App. 2012).

Opinion

WILLIAMS, J.

Curtis Lee Elgin (Elgin) appeals his conviction for murder, arguing the circuit court erred in failing to grant him a new trial after the court discovered a juror engaged in misconduct during the course of the trial by discussing the case with the juror’s mother. We affirm.

[41]*41FACTS/PROCEDURAL HISTORY

Audre Belton (the victim) was shot to death inside her home in Winnsboro, South Carolina, on her birthday, February 8, 1993. After not hearing from the victim in over a week, the victim’s sister and her husband went to the victim’s home. They discovered the victim’s body in a back bedroom of her home. The victim had been shot four times.

Initially, the police had few leads on the case. An onsite investigation revealed the following: an outside screen from a window had been removed but there was no sign of forced entry; the bullet holes in the home were from a .22 caliber gun; the thermostat was set at 52 degrees; and one fingerprint and two palm prints were recovered but did not match Elgin’s prints.

Approximately four months later, a police officer discovered a discarded .22 caliber gun next to a dumpster at the Uniroyal Tire manufacturing plant, which was within a five-minute walk from the victim’s home. The gun was later identified as the gun used in the victim’s murder. The gun was traced back to a father and son who purchased the gun from Carolina Furniture, but subsequently returned the gun on trade.

Jimmy Ray Douglas (Jimmy Ray) and his father, Harold Douglas, own Carolina Furniture. Jimmy Ray testified he repurchased the .22 caliber gun from the customer where it was subsequently stored in a cabinet in his father’s office. Jimmy Ray testified his father moved the gun at some point into the glove compartment of his truck. After the police inquired about the gun, Jimmy Ray discovered the gun was missing from his father’s glove compartment. Jimmy Ray testified Elgin stocked and delivered furniture for Carolina Furniture around the time of the victim’s murder, and he and his father permitted delivery personnel to drive his father’s truck to the front of the store every night upon closing.

The police stopped Elgin in July 1993, approximately one month after discovering the gun. Elgin said he knew who the victim was because his girlfriend lived about five doors down from her. He would see the victim occasionally when he would walk back and forth to his girlfriend’s house. When asked, Elgin told the police he saw the gun when he accompanied Jimmy Ray’s father to a home about a surety bond and [42]*42recalled seeing him unlock his glove compartment to retrieve the gun. Elgin told police he did not know where the key to the glove compartment was kept.

No further information was uncovered about the victim’s murder for several years. In 1996, Raymond Barnes (Barnes), an inmate at Fairfield County Detention Center, contacted police, claiming his cellmate, Elgin, had confessed to murdering the victim. Barnes testified that on or about June 27, 1996, Elgin confessed the following details: (1) the murder occurred in February; (2) the body was discovered a week or two after the murder; (3) the victim was Audre Belton; (4) the victim was “light skinned with long pretty black hair ... a beautiful lady”; (5) the victim was shot with a .22 caliber on a .32 frame; (6) Elgin stole the gun from a furniture store where he worked; (7) the murder occurred inside the victim’s home; (8) Elgin had a key to her house from a delivery of furniture; (9) Elgin went into the victim’s home to rob her, but she was not there when he arrived; (10) Elgin wore socks on his hands to prevent leaving prints; (11) the victim returned when he was inside and began “hollering”; (12) Elgin shot her multiple times but said she would not die and that is when Elgin shot her in the back of the head; (13) Elgin turned the thermostat up and was concerned his prints might be on the thermostat; and (14) Elgin threw the gun behind a dumpster at the Uniroyal Tire manufacturing plant.

Barnes further testified that Elgin had contact with the victim because Elgin had offered to cut her grass and was in the victim’s neighborhood because his cousin lived next door to the victim. Barnes testified he had never been to Winnsboro and had no relatives or friends in Winnsboro. Further, Barnes received no assistance on his federal sentence from his testimony and was released from prison by the time of Elgin’s trial.

Elgin’s other cellmate, Lindsay Goins (Goins), was also interviewed by police, but the police did not obtain a statement from Goins until December 2004. Goins testified he mostly overheard conversations between Barnes and Elgin concerning the victim, but Elgin had told Goins that he had killed a girl that “[did] not stay too far from [Goins].” Goins’ testimony largely corroborated that of Barnes. Two other inmates, [43]*43Robert Green and Virgil Pauling, eventually came forward to testify but recanted their statements at trial.1

On July 9, 2009, the jury convicted Elgin of murder, and the circuit court sentenced him to fifty years imprisonment. Elgin filed a motion for a new trial one week later. He claimed the State presented insufficient circumstantial evidence to submit his case to the jury and juror misconduct warranted a new trial. Elgin attached an affidavit to his new trial motion from a private investigator, Amos Jones (Jones), who contacted Roxanna Young (the juror), one of the jurors in Elgin’s murder trial. In his affidavit, Jones stated he met with the juror after being contacted by Elgin’s niece, Latasha Fant (Ms. Fant). Ms. Fant stated the juror approached her in the parking lot of the Dollar General and told Ms. Fant that she was very sorry the jury found Elgin guilty. The juror told Ms. Fant that she was only twenty-four years old and had never served on a jury prior to Elgin’s trial. As a result, the juror was somewhat confused about what to do with the information she received during the trial, so she spoke to her mother about the trial proceedings.

The juror told Jones that she and four other jurors did not think the State had proven its case against Elgin, but one of the jurors continually maintained Elgin was guilty. The juror stated she spoke to her mother twice about the trial, and her mother told her Elgin was not guilty but was being framed for the victim’s murder. The juror’s mother stated she heard that Jimmy Ray’s father killed the victim because he did not want the victim to date Jimmy Ray. Jimmy Ray’s father paid the victim to leave town, and when she remained in town and kept the money, the father killed the victim. The juror stated she [44]*44did not know whether her mother’s story was true, but her mother’s story weighed heavily on her mind and impacted her decision. The juror told Jones her decision to vote guilty was not based solely upon the evidence at trial, but largely in part upon the information received from her mother.

The circuit court held a hearing on Elgin’s new trial motion on September 25, 2009. The juror was sworn in and told the circuit court she spoke to her mother in contravention of the court’s instructions. When questioned by the court as to what the juror’s mother told her, she stated, “My mother just basically — she just told me that she had heard that Curtis Elgin — basically he wasn’t the one that did the murder or whatnot, but he was framed for it.” The juror reiterated what Jones had sworn to in his affidavit about Harold Douglas murdering the victim.

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Related

Elgin v. State of South Carolina
D. South Carolina, 2024
Lynch v. Carolina Self Storage Centers, Inc.
760 S.E.2d 111 (Court of Appeals of South Carolina, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
726 S.E.2d 231, 398 S.C. 39, 2012 WL 1699387, 2012 S.C. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elgin-scctapp-2012.