State v. Hembree

770 S.E.2d 77, 368 N.C. 2, 2015 N.C. LEXIS 265
Supreme Court of North Carolina·Decided April 10, 2015·No. 86A12·Published·Cited by 22 cases

Opinions

HUDSON, Justice.

[3] Defendant Danny Robbie Hembree, Jr. was indicted on 14 December 2009 for the first-degree murders of Heather Marie Catterton, Randi Dean Saldana, and Deborah Denise Ratchford. The trial court denied the State’s motion to join the Catterton and Saldana trials and defendant was first tried capitally for the Catterton murder, which is the matter at issue in this appeal. On 8 November 2011, the jury found defendant guilty of first-degree murder. After a capital sentencing proceeding, the same jury found two aggravating circumstances, both statutory. The first was that defendant had previously been convicted of violent felonies; the second was that Catterton’s death occurred during a “course of conduct” involving violence to others. Despite finding fourteen mitigating circumstances, the jury recommended, and the trial court entered, a sentence of death. Defendant now appeals his conviction and sentence to this Court as a matter of right.

Defendant contends that the cumulative effect of several errors in the proceedings below denied him a fair trial. We agree. “Although none of the trial court’s errors, when considered in isolation, were necessarily sufficiently prejudicial to require a new trial, the cumulative effect of the errors created sufficient prejudice to deny defendant a fair trial.” State v. Canady, 355 N.C. 242, 246, 559 S.E.2d 762, 764 (2002). Accordingly, we vacate the conviction and sentence and remand for a new trial.

FACTUAL BACKGROUND

Defendant spent the latter half of 17 October 2009 drinking alcohol and buying and smoking crack cocaine with Heather Catterton, Catterton’s friend Sommer Heffner, and Heffner’s boyfriend Michael Moore. At the time of her death, Heather Catterton was seventeen years old. Defendant was dating Heather’s older sister, Nicole. Both Heather and Nicole had sex with men in order to obtain drugs.

In the late afternoon, defendant picked up Heffner and Moore outside a shop on Route 321 in Gastonia, North Carolina. After stopping at defendant’s mother’s house for approximately half an hour, the three continued to the house where Catterton lived with her father.

Eventually, the four left Catterton’s house and drove in defendant’s car to a store on Route 321. For the first of several times that evening, a dealer walked up to defendant’s car and sold defendant crack cocaine through the opened car window. After the initial purchase was made, the group went to the trailer home of one of defendant’s friends, where they all smoked defendant’s cocaine. Over the next several hours, the four went from place to place purchasing and using more crack cocaine, [4] drinking alcohol, having sex, and searching for money for more drugs and alcohol.

Eventually, with defendant driving, the others left Moore, who was still heavily intoxicated, at a convenience store. The remaining three in the car — defendant, Catterton, and Heffner — then drove to a local neighborhood where defendant purchased yet more crack cocaine. Defendant dropped Heffner off at Moore’s mother’s house at approximately 1:00 a.m. on 18 October. Catterton stayed with defendant and was not seen alive again.

Catterton’s body was found in a culvert in York County, South Carolina several days later on 29 October 2009, dressed in a sweatshirt and socks, but otherwise nude. The remainder of her clothing and a crack pipe were recovered nearby two days later.

Approximately two weeks later, on 15 November 2009, a second body was discovered on a dirt road in York County. Two women were riding horses near King’s Mountain National Military Park when one of them saw a “bum spot” on the side of the road. As they investigated, one woman saw what she first believed was a mannequin, but soon found was a body. Her friend called the police, who later confirmed via DNA testing that this was the burned body of Randi Dean Saldana.

DEFENDANT’S CONFESSIONS

Late on 4 December 2009, defendant was arrested in Gaston County for a series of armed robberies. Over the next several hours on 5 December, defendant was interviewed by officers from both North and South Carolina. At least twice, defendant was given Miranda warnings and then stated that he was willing to answer questions from police. He confirmed repeatedly that he was not under the influence of drugs or alcohol. While at the police station, defendant was given food, soda, and coffee, and was allowed to rest. These interviews were recorded electronically, transcribed, and later presented to the jury in redacted form. Defendant also signed a written confession, reviewed that confession with police, and directed police where to make changes in the text. During these interviews, defendant confessed to several crimes, including the murders of Heather Catterton, Randi Saldana, and Deborah Ratchford.

Among other accounts, defendant told police that he killed Heather Catterton in his mother’s laundry room at approximately 4:30 in the morning on 18 October 2009. According to these statements, after Heffner was gone, defendant told Catterton that “her lighter was out,” but that he had more lighters in a cabinet in the basement, and if “she’d [5] come down there . . . we’d smoke some dope.” He then followed her, used “some kind of cord” to strangle her from behind, and pulled her to the floor. Next he covered her mouth and nose with his hands “for like 10 or 15 minutes,” then put a plastic Walmart bag over her face, and finally stood on her throat with his bare feet. Defendant told police that when these actions still failed to kill her, he punched her in the chest and her heart stopped beating.

Defendant stated that he then stored Catterton’s body in a closet for several hours, until he disposed of it at approximately 6:00 p.m. that day. At that point, he wrapped the body in a blanket, drove it across the border to South Carolina, and dumped it near a creek along Robinson Yelton Road. Defendant said he later disposed of the blanket by throwing it in a dumpster and discarded the clothing by throwing it away near a creek. Defendant gave conflicting statements regarding his motive for the killing. At one point, he told police that he killed Heather Catterton for virtually no reason, but because he “[j]ust wanted to.” At other times, he told them he killed her to help her escape a hard life that involved prostitution, beatings, and drugs.

During these same interviews, defendant also confessed to four other murders, two of which he said occurred in Florida. As for the other two homicides, defendant told police that he killed Randi Saldana several weeks after killing Catterton. In addition, defendant confessed to the August 1992 murder of Deborah Ratchford. Evidence about the Ratchford murder was not admitted at the Catterton trial.

Regarding the two women defendant claimed he killed in Florida, defendant refused throughout the interviews to provide details, but eventually did provide some information. Defendant told police that both women were white prostitutes, that he did not recall their names, and that their bodies were buried on Merritt Island in Brevard County. However, his statements about these murders conflicted regarding other important details. At one point, he told police that he committed the murders in 1992; at another, he said he killed them in 2009.

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State v. Hembree, 770 S.E.2d 77, 368 N.C. 2, 2015 N.C. LEXIS 265 (N.C. 2015).

770 S.E.2d 77 (State v. Hembree) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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