State v. McClintick

340 S.E.2d 41, 315 N.C. 649, 1986 N.C. LEXIS 1884
CourtSupreme Court of North Carolina
DecidedFebruary 18, 1986
Docket302A84
StatusPublished
Cited by25 cases

This text of 340 S.E.2d 41 (State v. McClintick) 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. McClintick, 340 S.E.2d 41, 315 N.C. 649, 1986 N.C. LEXIS 1884 (N.C. 1986).

Opinions

MARTIN, Justice.

The state offered evidence tending to show that sometime after midnight on 5 August 1983, the seventeen-year-old defendant ran into his friend Billy Don Williams at a bar called Mack Kell’s where defendant had been drinking. Williams asked defendant to go with him to pick up some money for his car payment, and Williams then drove defendant to a trailer park in Fairview. Williams parked, got out of the car, went into the trailer park, returned about five minutes later, and motioned to defendant to follow him. Williams went around the end of a trailer while defendant waited at the side. Williams entered the trailer through a window over a television set, breaking an oil lantern that was on top of the TV, and opened the door from the inside, letting defendant in. Then Williams opened a bedroom door and went in, closing the door behind him, leaving defendant in the hallway.

[652]*652The victim, eighteen-year-old Mary Luanne Odom, who was awake and reading in bed, testified that she heard a crash but thought nothing of it, believing that her mother was awake and in the kitchen. She had resumed her reading when Williams came into her room with a knife in his hand and a nylon scarf over his face. After striking her in the face and knocking her over, the intruder told her not to look, that he was not going to hurt her, and that all he wanted was money. He put his hand over her mouth and asked her who else was at home and where money and valuables were. When she acknowledged that her mother was in the trailer and told him there were no valuables, he again knocked her over and put a pillow over her. He tied her hands behind her back with nylon stockings, jammed a dishcloth into her mouth, tied another dishcloth over her eyes, and tied her feet together. When she felt his hand on her leg, she broke her hands and feet loose and kicked him in the stomach, knocking his knife onto the floor. She got the pillow off her face and the blindfold off her eyes and was able to see that defendant was standing in the doorway. Defendant entered the room, closing the door behind him, and Williams said, “Get my knife. I’ve got to have my knife.” After defendant handed Williams his knife, one with a three-inch blade, they tied Miss Odom’s hands to the headboard and tied an electrical cord around her right leg. Defendant held the cord while Williams, who had threatened Miss Odom with his knife, fondled her, committed cunnilingus upon her, and had sexual intercourse with her. After Williams had completed the sex act, defendant had intercourse with her. Williams told her not to report the incident and threatened her life if she did so. The two men put a blanket and a pillow over her head and left the trailer. Miss Odom immediately woke up her mother, who had heard nothing, and they reported the incident to the police.

Later, Miss Odom discovered that her checkbook, her driver’s license, her automatic teller card, a small silver cup, and a small amount of cash were missing. Miss Odom had previously written her personal code above the calendar in her checkbook, and beginning at 4:17 a.m. on 5 August 1983 and continuing through 12 August, twenty-three transactions (balance inquiries, checking and savings withdrawals, void attempts) were made on Luanne Odom’s automatic teller card, resulting in total withdrawals of [653]*653$215 from Miss Odom’s accounts. The card was finally captured by the machine, as its theft had been reported to bank security.

The victim sustained abrasion burns on her hands and wrists and bruises to her eye and lip. A medical examination indicated recent intercourse of a rough nature. Crime scene investigators discovered a bent window screen on the ground near the trailer, a raised window, footprints in the dirt below the window behind the TV set as well as outside Luanne’s bedroom window, a footwear impression on top of the TV set, a broken oil lamp on the floor near the TV, stockings tied to the headboard and lying on the mattress, a broken electric blanket cord tied to the footpost of Luanne’s bed, a pair of panties in the bed frame, fingerprints on top of the TV set, and a red bandanna on the bathroom floor. The SBI was unable to match the footwear impressions to those of any known suspects but identified a latent palm print and a right index fingerprint from the top of the TV as those of defendant. An SBI forensic serologist identified blood type of a B secretor from a vaginal swab obtained from the victim which was consistent with the blood type of defendant.

Defendant was picked up on a fugitive warrant from California on 8 September 1983 at about 1:45 a.m. Defendant and Williams were together at the time of arrest and identical sword-type knives were taken from each of them. Defendant was taken to the Buncombe County Courthouse where he was allowed to call his mother in California and was booked. At about 9:00 a.m. defendant was taken to an interview room, was served with the warrant in this case, and was read his juvenile rights. He signed a form advising him of his rights as a juvenile in the presence of two sheriffs department officers and one Asheville police officer. Defendant was read his rights one at a time, said he understood each right, and agreed to waive his right to counsel and talk to the officers as long as Asheville police officer Melvin Walsh, a friend of defendant’s family, was present. At one point during the interview, defendant told “Uncle Mel” that he had not been telling the truth and that if the other two officers would leave the room, he would tell the truth. In a ten to fifteen minute private conversation between Officer Walsh and defendant, defendant told the policeman that Don Williams had let him into the trailer and that defendant did not have sex with Miss Odom but that he had held the electrical cord and watched while Williams had sex [654]*654with her. He denied any sexual contact with the victim. Defendant signed each page of a voluntary statement at 1:25 p.m.

Defendant testified at a suppression hearing regarding the admissibility of his statement, alleging that he was intoxicated on the night of his arrest. He also claimed that he had asked to see his grandparents, had requested a lawyer, and was never advised of his rights. He denied that the signature and initials on the juvenile rights form were his and that he had ever made a statement. In fact, he claimed the officers deceived him into signing the two documents by telling him they were release forms. After the voir dire hearing on the admissibility of his statement, the court found that the signatures in the name of “Shannone Sherlin” (a prior name of defendant by his natural father) and the initials “S.S.” appeared to be those of defendant; that defendant was properly advised of his rights; that he was neither intoxicated nor coerced; that defendant voluntarily and understandingly waived his rights; and that defendant freely gave a statement to Officer Walsh and then to Officers Walsh, Ingle, and Mull. The court denied defendant’s motion to suppress and overruled his objection to the evidence regarding the statement. Both the victim’s and the defendant’s statements were subsequently read into evidence.

Defendant testified in his own behalf at trial, claiming that he went to the Odoms’ trailer thinking it was the home of Williams’s girlfriend and that he did nothing other than stand in the living room for fifteen or twenty minutes while waiting for Williams to come from the back of the trailer. He denied having taken part in or witnessing any rape or robbery.

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Bluebook (online)
340 S.E.2d 41, 315 N.C. 649, 1986 N.C. LEXIS 1884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclintick-nc-1986.