State v. Garcia

743 S.E.2d 74, 228 N.C. App. 89, 2013 WL 2991063, 2013 N.C. App. LEXIS 670
CourtCourt of Appeals of North Carolina
DecidedJune 18, 2013
DocketNo. COA12-972
StatusPublished
Cited by4 cases

This text of 743 S.E.2d 74 (State v. Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Garcia, 743 S.E.2d 74, 228 N.C. App. 89, 2013 WL 2991063, 2013 N.C. App. LEXIS 670 (N.C. Ct. App. 2013).

Opinion

GEER, Judge.

Defendant Victor Alfonso Cruz Garcia appeals from his conviction of second degree murder. On appeal, defendant primarily argues that the trial court, when admitting the transcript of defendant’s interrogation, should have excluded certain statements made by the interrogating detective because, defendant contends, those statements were irrelevant and constituted an improper comment on the credibility of defendant and of the State’s witnesses. We hold that the detective’s interrogation statements were properly admitted under State v. Miller, 197 N.C. App. 78, 676 S.E.2d 546 (2009), and Slate v. Castaneda,_N.C. App._, 715 S.E.2d 290, appeal dismissed and disc. review denied, 365 N.C. 354, 718 S.E.2d 148 (2011).

Facts

The State’s evidence tended to show the following facts. As of May 2009, defendant and Jennifer Fuentes had been dating and living together for approximately three months. Prior to dating defendant, Ms. Fuentes had lived with Edgardo Perez. Ms. Fuentes had a young son that Mr. Perez treated as his son, although Mr. Perez may not have been the boy’s biological father.

Prior to dating defendant, Ms. Fuentes was a happy person and enjoyed spending time with her cousin, Lidia Noemi Mejia Pineda. The two often laughed, visited each other’s homes, and went out together. According to Ms. Pineda, once Ms. Fuentes began dating defendant, Ms. [91]*91Fuentes became very quiet and was “not the same person” she had been before. Ms. Fuentes rarely called or visited Ms. Pineda. Although Ms. Fuentes had been a person “that would always make herself up,” she stopped doing so while dating defendant. Ms. Fuentes worked and made good money. However, after she started dating defendant, Ms. Fuentes began asking to borrow money from Ms. Pineda.

On 10 May 2009, Ms. Pineda went to the house Ms. Fuentes shared with defendant and asked Ms. Fuentes to go out with Ms. Pineda to celebrate Mother’s Day. Ms. Fuentes was very quiet, was not made up, and would not commit to leaving the house. Ms. Fuentes then went into the bedroom with defendant, came back out, and told Ms. Pineda she could not go out. According to another of Ms. Fuentes’ cousins, Elder Mejia, who lived with Ms. Fuentes and defendant at the time, defendant locked Ms. Fuentes in their bedroom that evening and refused to let her leave the house.

At one point while Mr. Mejia was living in the house with Ms. Fuentes and defendant, Mr. Mejia asked Ms. Fuentes why she hid all the knives in the house. She replied that it was because defendant was capable of anything. Another time, while defendant and Ms. Fuentes were arguing about jealousy, defendant told Ms. Fuentes, “ [I]f I can’t have you, then nobody can have you.” Ms. Fuentes told Mr. Mejia she was afraid of defendant, and defendant mistreated her.

Sometime in May 2009, defendant beat Ms. Fuentes and threw her to the floor. Mr. Mejia was present and tried to intervene, but he stopped when defendant grabbed his shirt, pointed a black pistol at Mr. Mejia, and warned Mr. Mejia not to call the police or defendant would kill him. Following that incident, Mr. Mejia moved out of the house.

On 30 May 2009, a Saturday evening, Mr. Perez went to Ms. Fuentes’ house and, while there, fought with defendant. During the fight, defendant pointed a gun at Ms. Fuentes, just below her neck. The police were called, but defendant ran from the house before they arrived. Mr. Perez remained and was arrested and taken to jail.

Ms. Fuentes and her son stayed with a neighbor, Martha Juarez, that night. Later that night, defendant came to Ms. Juarez’ house, knocked on the bedroom window and the door, and asked to speak with Ms. Fuentes. Defendant pushed past Ms. Juarez to try to get into the bedroom with Ms. Fuentes, but Ms. Juarez’ husband made defendant leave the house.

Defendant returned to Ms. Juarez’ house the next morning, 31 May 2009, and asked to talk with Ms. Fuentes. Ms. Juarez did not let him in [92]*92and called her adult daughter, Vicky Soto, to come over. Ms. Fuentes told Ms. Soto she was afraid of defendant and that defendant had a gun and had fought with Mr. Perez. Defendant then returned to Ms. Juarez’ house and asked to speak with Ms. Fuentes again. Ms. Soto told defendant that Ms. Fuentes did not want to talk and that she was calling the police. In response, defendant called the police himself.

Two police officers arrived, and Ms. Fuentes and Ms. Soto spoke with them in the front yard. The officers asked defendant to wait away from Ms. Fuentes because she did not want to speak to them with him present. Ms. Fuentes told the officers that she did not want to go back to the house, that she wanted defendant out of the house, and that the police should have arrested defendant and not Mr. Perez the previous night because defendant had the gun.

Ms. Soto then translated for defendant, who only speaks Spanish, so he could talk with the police. Defendant asked the officers to make Ms. Fuentes return home, and they responded that they could not do so. Defendant told the officers he did not have a gun and that he would not leave the house because it was his home. The officers then told Ms. Fuentes that they could not make defendant leave until she obtained a legal order requiring him to leave the house. They explained to her that the office where she could request the order was closed on Sundays.

Later that morning, Ms. Pineda met Ms. Fuentes as she was leaving the neighbor’s house. Ms. Fuentes was sad, worried, and afraid of what defendant would do if Ms. Fuentes helped bail Mr. Perez out of jail. Nevertheless, Ms. Fuentes and Ms. Pineda went to the courthouse that day to learn with what crimes Mr. Perez had been charged and then tried to locate an attorney who could help Mr. Perez get out of jail. They encountered defendant, and defendant told Ms. Fuentes to “not be going trying to get [Mr. Perez] out of jail because she would regret it.” Defendant told Ms. Pineda she should not get involved, and she “didn’t know what he was capable of.”

Also on that Sunday, Ms. Fuentes and Ms. Pineda went to the police department so that Ms. Fuentes could attempt to obtain a protective order against defendant and thereby have defendant removed from the house. That same day, Ms. Fuentes told Mr. Mejia that she wanted to separate from defendant and that defendant was planning on killing somebody with his pistol, but she did not know if would be her or Mr. Perez.

On Sunday night, Ms. Fuentes told Ms. Pineda that Ms. Fuentes “had to go back to her house,” but she asked Ms. Pineda to allow her son to [93]*93stay at Ms. Pineda’s house for the night. Ms. Fuentes also told Ms. Pineda that she had assured defendant she was not trying to help Mr. Perez get out of jail, and she warned Ms. Pineda not to tell defendant anything to the contrary.

On Monday, 1 June 2009, Ms. Fuentes picked up Ms. Pineda in the morning and the two again searched for an attorney to help Mr. Perez get out of jail, ultimately finding one and paying him $800.00. That sum did not cover Mr. Perez’ bail money. Ms. Fuentes repeatedly told Ms. Pineda she was very afraid of what would happen if defendant found out what they were doing. At approximately 3:30 p.m., Ms. Fuentes went back to her house to pick up clothes for herself and her son so that they could move in with Ms. Pineda. Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
743 S.E.2d 74, 228 N.C. App. 89, 2013 WL 2991063, 2013 N.C. App. LEXIS 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garcia-ncctapp-2013.