State v. King

784 S.E.2d 252, 416 S.C. 92, 2016 S.C. App. LEXIS 31
CourtCourt of Appeals of South Carolina
DecidedMarch 16, 2016
DocketAppellate Case No. 2012-213461; No. 5390
StatusPublished
Cited by3 cases

This text of 784 S.E.2d 252 (State v. King) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. King, 784 S.E.2d 252, 416 S.C. 92, 2016 S.C. App. LEXIS 31 (S.C. Ct. App. 2016).

Opinions

MCDONALD, J.

Tyrone J. King appeals his convictions for murder, possession of a weapon during the commission of a violent crime, and assault and battery in the third degree. King argues the circuit court erred in admitting prior bad acts evidence, denying his motion for a mistrial, and denying his motion for a new trial. We remand.

FACTS/PROCEDURAL BACKGROUND

On November 11, 2011, King allegedly shot and killed James Galloway (Victim) in Victim’s Marlboro County home. Thereafter, King purportedly hit Karen Galloway (Wife) on the head with the handle of his gun and pointed his gun at both Wife and Reggie Cousar (Cousin). After some further scuffling, King ran out the back door of the residence. Following a foot chase, King was arrested.

During the course of the investigation, law enforcement recovered the Galloways’ cordless telephone near the pick-up truck where King was apprehended, a bottle of liquor from King’s pocket, and a nine-millimeter handgun with an extend[97]*97ed clip from the wooded area behind King’s residence. Law enforcement found a cartridge casing and bullet hole in the Galloways’ master bedroom and recovered a cartridge casing and projectile from the living room. As a result, Marlboro County deputies conducted two videotaped interrogations of King.

In the first interrogation, which took place on November 11, 2011, King stated he went to the Galloways’ home with Aloysius McLaughlin to buy alcohol. At this time, King was facing charges for kidnapping and armed robbery against McLaughlin in the Town of McColl (McColl Charges). However, King stated that he and McLaughlin were back on “good terms” and that McLaughlin shot and killed Victim. King further explained that after the shooting, he tried to calm Wife, and that he “waived” or “swung” the gun at her. King claimed he then gave the gun back to McLaughlin and ran from the Galloways’ home in fear.

During the second interrogation, which took place on November 16, 2011, King claimed that he obtained the gun from an individual named “Broom.” King explained that he went to the Galloway home to sell the gun, and while he was attempting to remove the clip, the gun fired and Victim was shot.

On January 31, 2012, the Marlboro County Grand Jury returned four indictments against King for (1) murder, (2) possession of a weapon during the commission of a violent crime, (3) assault and battery of a high and aggravated nature, and (4) pointing and presenting a firearm.

The Honorable Edward B. Cottingham called the case for a jury trial on September 10, 2012. Following jury selection, King made several pretrial motions, including a motion to “exclude any evidence of the pending armed robbery charge.” The State indicated the pending charge was part of its Rule 404(b), SCRE,1 motion “to allow the prior bad act in” under the “intent, motive, or the common plan or scheme [exceptions] to show that there [was] a lack of mistake in the [98]*98defendant going into [the Galloways’] home.” The State clarified that the prior armed robbery was against McLaughlin and Melissa Graham, “[t]he same two individuals that [King] says were with him when he committed this murder.” The circuit court stated, “I’m not likely to let that in,” but agreed to allow the State to present its evidence before making a ruling. The circuit court then explained:

[Y]ou know [I’ve] got to balance probative value against prejudicial [e]ffeet, and in this case you’ve got eye witnesses as I recall from prior hearings. I’ll listen to it, but [I] have some further concern about it.
But I have some concerns with a Lyle
I want to get that straight [in chambers], and then we’ll get on the record with it.

King then moved to exclude or redact several portions of the interrogation videos, which were later introduced as State’s Exhibits 4 and 5.

First, King moved to exclude or redact the portions of State’s Exhibit 5, in which he referred to law enforcement as “motherfu* *ers” and said “[flu* * the police,”3 arguing relevance and prejudice under Rules 401 and 403, SCRE.4 The circuit court denied the motion, stating “It’s his term. He chose to use it. I’m going to let it in.” As to the redaction of the videotapes, the circuit court explained that the State [99]*99“[c]annot do that because we don’t have the capability. If you redact that word[,] you’ve got to redact whatever he said.” The State informed the circuit court that the only way to redact portions of the videos would be to “fast forward through it.”

King next moved to exclude or redact the portion of State’s Exhibit 5 in which he discussed a “prior murder charge,” arguing Rule 404(b)’s “prior bad acts” provision prohibited this discussion. The circuit court granted the motion, stating “I want that redacted____make sure you [fast forward] in the right place ... I don’t want to hear anything about that.” Subsequently, King moved to exclude or redact another portion of the video in which he again discussed a “prior murder charge,” arguing it was inadmissible under Rules 403 and 404(b). The circuit court granted this motion, stating “I want to redact any reference to any prior conduct.” However, the circuit court declined to “exclude or redact” the following portion of State’s Exhibit 5:

Investigator: I mean if you didn’t do it, why didn’t you just go out in the front yard, give the gun to the police and say hey man, Aloysius just ran out of the back door?
King: They did not give me a godd* *n chance. Man she steady screaming about my godd* *n — I already got — I already got a murder kidnapping charge on my record. She didn’t see s* *t — she was in [another] room.

Defense counsel again argued that this “prior bad acts” evidence was inadmissible under Rule 404(b). Although the State informed the court that King “does not have a conviction for murder on his record,” the circuit court stated, “I’m going to leave it where it is.”

Thereafter, King moved pursuant to Rule 404(b) to exclude or redact the portion of State’s Exhibits 4 and 5 in which he discussed the McColl Charges. The circuit court denied the motion as to State’s Exhibit 5 but granted the motion as to State’s Exhibit 4. In the first reference, King stated, “I already got a murder kidnapping charge on my record,” as quoted above,5 and the second reference arose during the following exchange:

[100]*100Investigator: Who is that?
King: Aloysius, [the] same dude that I robbed. Me and him got back on good terms.
Investigator: Aloysius?
King: From McColl, that one — same dude that signed a warrant on me back in February. Me and him back on good terms.

The circuit court ruled, “I think it’s appropriate based on the totality of what he’s saying.”

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

Related

State v. Chandler
Court of Appeals of South Carolina, 2019
State v. King
818 S.E.2d 204 (Supreme Court of South Carolina, 2018)
State v. Hughes
796 S.E.2d 174 (Court of Appeals of South Carolina, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
784 S.E.2d 252, 416 S.C. 92, 2016 S.C. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-king-scctapp-2016.