State v. Harris

340 S.E.2d 383, 315 N.C. 556, 1986 N.C. LEXIS 1895
CourtSupreme Court of North Carolina
DecidedFebruary 18, 1986
Docket176A85
StatusPublished
Cited by22 cases

This text of 340 S.E.2d 383 (State v. Harris) 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. Harris, 340 S.E.2d 383, 315 N.C. 556, 1986 N.C. LEXIS 1895 (N.C. 1986).

Opinion

MARTIN, Justice.

The evidence tended to show that Rodney Moore and Jimmy Harris, the defendant, broke into a house on Western Avenue in Rocky Mount in June 1984 and stole a .45-caliber automatic handgun. Between midnight and 1:00 a.m. on 8 July 1984, while Moore and Harris were out riding around together in defendant’s father’s car, they passed by Rocky Mount Motor Court. Seeing the door open to the end room, the two men planned to rob the people inside, thinking the open door would make the robbery easy. They parked in a nearby trailer park and walked to the motel.

*558 The occupants of room 40, Jackie McCluster and Katherine Harrell, were preparing to move into another room at the motel because the air conditioning in room 40 was not working. Mr. McCluster was packing his belongings and Ms. Harrell was sitting on the bed talking to him. Suddenly, Moore, with the gun in his hand, entered the room and closed the door behind him. He told the room’s occupants to hold it and to be quiet. When McCluster began to ask Moore what he wanted and moved towards him, Moore pulled the trigger and shot McCluster in the chest. Ms. Harrell began screaming and picked up the telephone receiver. Moore told her to put it down, which she did, and when the telephone rang back and she picked it up, he walked out of the room, pointing the gun at her.

A police officer arrived, went into the motel room, and came back out, saying that McCluster was dead. Ms. Harrell identified Moore as the man who shot McCluster. She did not ever see or hear anyone else with him. Autopsy revealed that McCluster died as a result of a gunshot wound to the chest.

Rodney Moore was arrested on 2 August 1984 and on 3 August gave police written confessions to both the June breaking and entering and larceny on Western Avenue and to the murder and attempted robbery of McCluster. He implicated defendant in both incidents. Specifically, he said that defendant waited at the corner of the Rocky Mount Motor Court, outside room 40, while Moore went inside; that defendant had heard the shot; and that defendant “got sort of mad” when he found out Moore had not gotten anything from the victims.

On 3 August 1984, Rocky Mount police officers Thompson and Howard arrested Harris. Defendant denied any involvement in the crimes.

Evidence at the suppression hearing showed that Rocky Mount Police Lieutenant Johnny Edwards interviewed defendant on 5 August as a suspect in the shooting death of McCluster. Defendant waived his Miranda rights, signed a polygraph release form, and agreed to take a polygraph test. During the pretest interview, defendant consistently denied any participation in the 8 July incident. After defendant had taken the polygraph examination and Lt. Edwards had reviewed the results, the police officer told defendant that he didn’t think defendant was telling the *559 truth. At that point, defendant admitted that he had been with Moore at the motel on 8 July, that the two men planned to rob the people in the room with the open door, that Moore went into the room while he waited outside, and that he did not know that Moore was going to shoot the man. Lt. Edwards then asked defendant if he would give him a written statement, and defendant said he’d prefer for the lieutenant to ask the questions and he would answer and sign them. Lt. Edwards asked defendant questions about the incident and wrote down the questions and defendant’s answers to them, and then defendant initialed each question and signed the statement at the bottom. Again, defendant admitted being with Moore at the motel on the night of the killing but denied breaking into the house on Western Avenue and helping to steal the .45 pistol. Harris then agreed to go with Edwards and other detectives to the motel the next morning to show them where he stood and what Moore did.

Further, at around 8:45 a.m. the next morning, defendant was brought into Edwards’ office. SBI Agent Terry Newell and Captain Horace Winstead and Detective Wayne Sears of the Rocky Mount Police Department were also present. Detective Sears read defendant’s statement indicating defendant’s involvement in the murder, and Harris confirmed his answers from the previous day one by one and admitted signing the confession. Agent New-ell also glanced at the statement and observed defendant’s signature at the bottom. The confession was put back on Lt. Edwards’ desk. Defendant was then left alone in Lt. Edwards’ office for approximately ten minutes. When the officers returned to the room, they asked defendant if he was ready to go with them to the motel. When they arrived at the motel, defendant became uncooperative and denied ever having gone to that motel, saying that the motel he went to with Moore was somewhere else. The officers took defendant back to the police station. After Detective Sears and Lt. Edwards realized that defendant’s confession was missing from the lieutenant’s desk, defendant began disrobing, saying “You think I got it? Check me.” Defendant was returned to his cell, and the two officers “took [the] office apart” looking for the statement, but it was never found.

Defendant testified at the suppression hearing and denied answering “yes” to Edwards’ questions concerning defendant’s participation in the murder and also denied initialing or signing a *560 confession. He did, however, admit picking up the statement from Lt. Edwards’ desk while he was left alone in the room and putting it in his shirt pocket and throwing it out of the car window on the way back to the police station from the scene of the burglary of the gun. Defendant testified that he had visited his father in Spring Hope, North Carolina, from the 7th to the 8th of July and that he knew nothing about the murder.

The trial judge overruled defendant’s motion to suppress, finding that none of defendant’s constitutional rights had been violated; that his statements were made freely, voluntarily, and understandingly; that defendant was given no promises or inducements; that there were no threats of violence; that defendant had fully understood his constitutional rights to silence and counsel and other rights; and that defendant freely, knowingly, voluntarily, and intelligently waived each right.

Defendant did not take the stand but presented alibi evidence from his father, Forest Harris, which was corroborated by Beulah Mitchell, defendant’s paternal grandmother who resides with her son. Rodney Moore also testified for the defense. He admitted to having agreed with the state that he would enter a guilty plea in these cases. Moore testified that he went alone to the Rocky Mount Motor Court and that only he was present with Mr. McCluster and Ms. Harrell when the shooting, which he said was accidental, occurred. He said that the police had promised to help him if he implicated defendant in the killing, so he told them “a bunch of stuff.” He further admitted that when he was first arrested, he gave a written confession to police which he assured them was the truth and that in it he confessed that both he and Harris had stolen the gun used to kill McCluster; that Harris was with him when he shot the victim and that Harris had heard the shot. On the stand, he confirmed he had told officers:

Me and Jimmy Harris was going north on Church Street in his father’s car.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roybal v. Raulli
Court of Appeals of North Carolina, 2019
State v. Santillan
815 S.E.2d 690 (Court of Appeals of North Carolina, 2018)
State v. Voltz
804 S.E.2d 760 (Court of Appeals of North Carolina, 2017)
Wolgin v. Wolgin
719 S.E.2d 196 (Court of Appeals of North Carolina, 2011)
State v. Sullivan
717 S.E.2d 581 (Court of Appeals of North Carolina, 2011)
State v. Phillips
615 S.E.2d 382 (Court of Appeals of North Carolina, 2005)
State v. Andrews
612 S.E.2d 178 (Court of Appeals of North Carolina, 2005)
State v. Michaelis
608 S.E.2d 416 (Court of Appeals of North Carolina, 2005)
State v. Demos
559 S.E.2d 17 (Court of Appeals of North Carolina, 2002)
Wright v. State
748 A.2d 1050 (Court of Special Appeals of Maryland, 2000)
State v. Broome
523 S.E.2d 448 (Court of Appeals of North Carolina, 1999)
State v. Monk
511 S.E.2d 332 (Court of Appeals of North Carolina, 1999)
State v. Aldret
489 S.E.2d 635 (Court of Appeals of South Carolina, 1997)
State v. Roseboro
474 S.E.2d 314 (Supreme Court of North Carolina, 1996)
State v. Thibodeaux
459 S.E.2d 501 (Supreme Court of North Carolina, 1995)
State v. Jackson
458 S.E.2d 235 (Court of Appeals of North Carolina, 1995)
State v. Larrimore
456 S.E.2d 789 (Supreme Court of North Carolina, 1995)
State v. Black
400 S.E.2d 398 (Supreme Court of North Carolina, 1991)
State v. Langford
354 S.E.2d 518 (Supreme Court of North Carolina, 1987)
State v. Nations
354 S.E.2d 510 (Supreme Court of North Carolina, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
340 S.E.2d 383, 315 N.C. 556, 1986 N.C. LEXIS 1895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-nc-1986.