State v. Jacobs

673 S.E.2d 724, 195 N.C. App. 599, 2009 N.C. App. LEXIS 264
CourtCourt of Appeals of North Carolina
DecidedMarch 17, 2009
DocketCOA08-564
StatusPublished
Cited by6 cases

This text of 673 S.E.2d 724 (State v. Jacobs) 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. Jacobs, 673 S.E.2d 724, 195 N.C. App. 599, 2009 N.C. App. LEXIS 264 (N.C. Ct. App. 2009).

Opinions

BRYANT, Judge.

Defendant Kahlil Jacobs appeals from judgment entered 16 October 2007 in Guilford County Superior Court following a jury verdict finding him guilty of first degree murder based on the felony murder rule. For the reasons stated herein, we find no prejudicial error and affirm the judgment of the trial court.

Facts

On 20 March 2007, defendant was riding in a car with Keschia Blackwell when defendant asked Blackwell to pull over at Great Stops, a gas station and convenience store on East Market Street in Greensboro, North Carolina. Defendant saw two people he recognized—George Nichols (Nichols) and Dana Hampton (Hampton)— and got out to talk to them. Defendant approached Nichols and Hampton who were standing near Hampton’s automobile which was [601]*601parked beside a gas pump. According to Blackwell, as defendant approached Nichols, Nichols “said something about man, you got me and [defendant] was like give me everything in your pocket----That’s what he told [Nichols].”

So the guy, he pulled out his pocket and he was like man, I ain’t got nothing but three dollars and stuff. So then after that I heard pow, pow, pow .... Then the tall guy [Dana Hampton], he picked up [Nichols] and put him in his car and stuff so then they drove off....
I seen [defendant] go running . . . and that’s the last time I seen him.

Mildred Haizlip also testified for the State. She was a bystander at Great Stops when she observed three men arguing by the gas pumps. Haizlip testified that she saw “a guy get out of a car, walk up to two guys at [sic] gas pump and start[] shooting.” When asked which guy, Haizlip responded “[t]he one that got out of the car with the girl.”

Hampton testified that he and Nichols were friends and were at the Great Stops convenience store on 20 March 2007 for about an hour talking to people in and around the store. About that time, a burgundy car with tinted windows drove into the store parking lot. Hampton testified that the pássenger in the burgundy car rolled his window down and spoke to Nichols. From previous encounters, Hampton recognized the passenger as defendant and testified to the following sequence of events:

Hampton: They had a couple of words. . . . [defendant] jumps out, [and defendant and Nichols] start conversating [sic] at the beginning of the car but it sounds like—it sounds like [sic] altercation fixing to go on.
Sounds like it was something about money
Counsel: [W]here was everyone?
Hampton: In the front of the car by the passenger’s side. Like in the front of the hood.
[602]*602As I’m going around the passenger’s side [defendant is] walking towards the car, backing—looking back towards us.
He had his hand in his pocket the whole time. So he comes out his pocket....
Counsel: Did you see him do this?
Hampton: Yes, sir.
Counsel: Okay. Could you tell what [defendant] had?
Hampton: Maybe like a small revolver.
Counsel: What did you do?
Hampton: I reached for the gun in the back seat and I start firing back.
Counsel: Okay Did your friend [Nichols] have a handgun or any kind of gun for that matter at any point?
Hampton: No, sir, he didn’t have nothing on him.

On cross-examination, defendant asked Hampton the following questions: “Did [Nichols] carry nine millimeters around with him all the time?”; “How many times have you seen [Nichols] carrying a nine millimeter?”; “Are you familiar with [Nichols] reputation in the community?”; “[W]hat do you know [Nichols] was [previously] convicted of?”; “[D]id you hear about [Nichols’] reputation?”. The trial court sustained objections to each question. No offers of proof were made for the record. However, Hampton did testify that Nichols was carrying a nine millimeter the day of the shooting and had left the gun in the back seat of his car.

Defendant testified that at least three weeks prior to 20 March 2007, he sold Nichols two puppies. Nichols gave defendant a down payment of $175 but still owed defendant $350. Defendant made numerous unsuccessful attempts to collect the money Nichols owed him. Defendant testified that on two occasions prior to 20 March 2007, when he confronted Nichols about the money, Hampton was with Nichols and carrying a handgun. On each of these occasions, [603]*603when defendant discussed with Nichols the money owed him, Hampton placed his hand on his handgun. Defendant testified Hampton appeared menacing and ready to draw his gun if defendant’s confrontation with Nichols escalated.

Defendant further testified that on 20 March 2007, he once again saw Nichols with Hampton at the Great Stops convenience store. Defendant again confronted Nichols about the money he was owed. The conversation became heated, and defendant testified Nichols grabbed him and yelled for Hampton to “get him.” Defendant said that as Hampton reached for a weapon, defendant reached for his weapon. Defendant testified that only after hearing a gunshot did he fire two shots, then ran.

Defendant testified that he believed he was going to be shot “[bjecause somebody [was] approaching me pulling a weapon and I’m being held by another person . . . .”

Counsel: What was it that you knew about George Nichols that lead you to believe you were about to be shot?
Defendant: He told me he was a member of the street gang called the Crypts [sic].
Counsel: Did he tell you he had shot people?
Defendant: Yes.

Defendant testified that prior to the day in question “[he had] always seen [Nichols] with guns,” and Nichols had previously stated that he had been in prison.

On voir dire, defendant testified that Nichols had a reputation in his community. Defendant testified that Nichols had boasted to him about robberies, shootings, and drug transactions, and told defendant that he had spent time in prison. Defendant also testified that in his prior experiences with Nichols, Hampton was always present and either Nichols or Hampton if not both were always carrying a gun.

Also, out of the presence of the jury, defendant attempted to offer into evidence certified copies of Nichols’ convictions for armed robbery. The trial court ruled the evidence inadmissible by stating “any alleged probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury or [at the] very minimum needless presentation of cumulative evidence [604]*604based on the testimony.” At the conclusion of the evidence, the trial court denied defendant’s motions to dismiss.

The jury returned a verdict of guilty of first degree murder under the felony murder rule. The trial court entered judgment and commitment on the verdict and sentenced defendant to life imprisonment without parole in the custody of the North Carolina Department of Correction. Defendant appeals.

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Related

State v. King
Court of Appeals of North Carolina, 2015
State v. Earle
Court of Appeals of North Carolina, 2014
State v. McMillan
718 S.E.2d 640 (Court of Appeals of North Carolina, 2011)
State v. McCravey
692 S.E.2d 409 (Court of Appeals of North Carolina, 2010)
State v. Jacobs
689 S.E.2d 859 (Supreme Court of North Carolina, 2010)
State v. Jacobs
673 S.E.2d 724 (Court of Appeals of North Carolina, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
673 S.E.2d 724, 195 N.C. App. 599, 2009 N.C. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jacobs-ncctapp-2009.