State v. Francis

471 S.E.2d 348, 343 N.C. 436, 1996 N.C. LEXIS 337
CourtSupreme Court of North Carolina
DecidedJune 13, 1996
Docket165A95
StatusPublished
Cited by6 cases

This text of 471 S.E.2d 348 (State v. Francis) 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. Francis, 471 S.E.2d 348, 343 N.C. 436, 1996 N.C. LEXIS 337 (N.C. 1996).

Opinion

ORR, Justice.

During the evening of 19 December 1992, Willie Lee Howard, Jr., and Darren Stephone Hale were shot in retaliation for conducting drug transactions in the drug territory claimed by Avery Butts. Both victims died as a result of single gunshot wounds to their heads.

Defendant Wilbur Waldrin Francis was indicted for the 19 December 1992 first-degree murders of Howard and Hale. He was also indicted for robbery with a dangerous weapon and conspiracy to commit murder. He was tried capitally at the 3 January 1995 Criminal Session of Superior Court, Wilson County, and was found guilty as charged. After a capital sentencing proceeding, the jury did not find the existence of the sole aggravating circumstance submitted in each murder case and accordingly recommended sentences of life imprisonment. The trial court imposed two consecutive terms of life imprisonment. The trial court also imposed a sentence of fourteen years’ imprisonment for the conviction of robbery with a dangerous weapon *438 and a sentence of nine years’ imprisonment for the conviction of conspiracy to commit murder, both sentences to run consecutively.

Defendant appeals to this Court, asserting that he is entitled to a new trial based on the two assignments of error he raised relating to his first-degree murder convictions. Defendant raises no issues with respect to the robbery and conspiracy convictions.

A complete presentation of the evidence is unnecessary to understand the legal issues raised in this case. In summary, however, the State presented evidence tending to show the following:

Howard and Hale sold crack cocaine in the claimed cocaine territory of Avery Butts. However, they did not work for Butts, and testimony tended to show that Butts was angry that Howard and Hale had been selling cocaine on his block. State’s witness Andre Joseph, who was defendant’s accomplice in the murders, testified that he was present when Butts informed defendant that he wanted Howard and Hale “taken care of’ and that defendant’s response was, “Okay.” Joseph further testified that Butts later specifically urged Joseph and defendant to kill Hale.

Joseph further testified that on 19 December 1992 at approximately 4:30 p.m., he and defendant stood outside a Minute Mart convenience store located on the corner of Lodge and Banks Streets in Wilson, North Carolina. Defendant told Joseph that he was going to “take care of” Hale and Howard for Butts. Hale and Howard arrived, and Joseph asked Hale for some change, at which time Hale pulled out a large sum of money. Joseph testified that he wanted Hale’s money and that defendant told him that Hale and Howard were “going down.”

Further, Joseph testified that after retrieving an unloaded .38-cal-iber pistol, an unloaded shotgun, and a loaded .22 LR caliber rifle and after attempting unsuccessfully to find some shells, he and defendant waited at the convenience store for Hale and Howard, who had left earlier, to return to the store. Hale and Howard arrived and went into the store, and when they exited, defendant and Joseph followed them to an alley, where Joseph pulled out a shotgun. Joseph testified that while he was searching Howard, he heard defendant say to Hale, “Didn’t I tell you don’t move?” and then defendant shot Hale. Defendant told Joseph to shoot Howard, but when he refused, defendant shot Howard as well. Joseph testified that he only intended *439 to rob the victims, that he did not know a shooting would take place, and that his shotgun was not loaded.

Defendant’s evidence tended to show that he and Joseph followed the victims into the alley with the weapons but that it was Joseph, not defendant, who was the leader behind the robbery and shootings. Defense evidence also tended to show that Joseph shot Hale and Howard.

Both of the issues raised by defendant on appeal arise from the trial court’s admission of testimony by SBI Agent Jerry Ratley about statements made by State’s witness Quentin Whitley during police interrogation on 20 December 1992. In his first assignment of error, defendant contends that the trial court erred by admitting evidence of Whitley’s pretrial statement to Agent Ratley as corroborative evidence. Specifically, defendant argues that the statement Whitley gave to Ratley did not corroborate Whitley’s testimony but was inconsistent with such testimony and therefore was improperly admitted as corroborative evidence.

This Court has previously held that prior statements of a witness can be admitted as corroborative evidence if they tend to add weight or credibility to the witness’ trial testimony. State v. Coffey, 326 N.C. 268, 389 S.E.2d 48 (1990); State v. Ramey, 318 N.C. 457, 349 S.E.2d 566 (1986). New information contained within the witness’ prior statement, but not referred to in his trial testimony, may also be admitted as corroborative evidence if it tends to add weight or credibility to that testimony. Id. However, the State cannot introduce prior statements which “actually directly contradicted . . . sworn testimony.” State v. Burton, 322 N.C. 447, 451, 368 S.E.2d 630, 632 (1988).

State v. McDowell, 329 N.C. 363, 384, 407 S.E.2d 200, 212 (1991).

A review of the transcripts reveals that Whitley testified at trial that he observed “the two Jamaicans,” referring to defendant and Joseph, retrieve guns. Whitley stated that Joseph retrieved a shotgun from behind a bush and that defendant retrieved a gun, which was in a paper bag, from behind an air conditioner. Specifically, Whitley testified on direct examination as follows regarding the sequence of events surrounding the shootings:

Q. And once you saw them get these guns, what, if anything, did you see the Jamaicans do?
*440 A. No Response
Q. Once you saw the Jamaicans get these guns from the air conditioner and the bush, what, if anything, did you see the Jamaicans do then?
A. They started to follow them into the alley.
Q. Follow who?
A. Speedy [Howard] and Darrien [Hale].
Q. And what happened then, that you saw?
A. After that, I went back across the street, and I got to the corner of the store and I seen they were robbing them.
Q. Who was robbing who?
A. The two Jamaicans were robbing Speedy and Darrien.
Q. Now, what exactly did you see?
A. As I glanced over there I seen them and I stood there for a while and I heard them while they was talking. I really couldn’t get all of the conversation. After that, I looked over there and someone called me across the street.

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Bluebook (online)
471 S.E.2d 348, 343 N.C. 436, 1996 N.C. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-francis-nc-1996.