State v. McElrath

366 S.E.2d 442, 322 N.C. 1, 1988 N.C. LEXIS 122
CourtSupreme Court of North Carolina
DecidedApril 6, 1988
Docket7A87
StatusPublished
Cited by70 cases

This text of 366 S.E.2d 442 (State v. McElrath) 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. McElrath, 366 S.E.2d 442, 322 N.C. 1, 1988 N.C. LEXIS 122 (N.C. 1988).

Opinions

MEYER, Justice.

Defendant was convicted of the first-degree murder of his son-in-law, Steven Wade Boyer. The State having stipulated before trial to the absence of any statutory aggravating factors under N.C.G.S. § 15A-2000, the case was tried as a noncapital case, and defendant was accordingly sentenced to the mandatory life term. In his appeal to this Court, defendant brings forward numerous assignments of error relative to the guilt-innocence phase of his trial. We have reviewed the entire record, and because we find that the trial court committed prejudicial error in refusing to admit certain relevant and potentially exculpatory evidence offered by defendant, we hold that defendant is entitled to a new trial.

[3]*3The facts and circumstances surrounding the mysterious disappearance and death of Steven Wade Boyer are amongst the most bizarre and unusual in the annals of crime in this state. On 26 December 1984, a nude, headless, and handless body was discovered along the side of Highway 276 in rural Transylvania County, North Carolina. The body was later identified, and it was stipulated at the trial to be that of the victim, Steven' Wade Boyer. The cause of death, as revealed by the subsequent autopsy, was a shotgun wound to the victim’s lower left chest. Boyer’s head and hands were apparently severed from his body by the perpetrator after the victim had died and have never been found.

The State’s case against defendant Jimmy Devoe McElrath is based entirely upon circumstantial evidence amassed by various law enforcement officers during a lengthy investigation. The State’s evidence tended to show that, at the time of the victim’s death, defendant, who grew up in Haywood County, North Carolina, was retired from General Motors Corporation, for which he had been a dealer consultant in the southeastern United States for some twenty years. Defendant and his wife, Nancy, owned two homes —a summer home in Cruso, Haywood County, North Carolina, and a winter home in Islamorada, Monroe County, Florida.

The victim was married to defendant’s daughter, Ellen. At the time of the events in question, however, the victim and defendant’s daughter were living apart from one another in separate apartments in Smyrna, Georgia, and a divorce was apparently imminent. It was in this context that defendant and his wife traveled from their Florida home to their daughter’s apartment in Smyrna to spend the Christmas holidays.

Defendant and his wife, Nancy McElrath, arrived at their daughter’s home late on the evening of 21 December 1984. On the following day, 22 December, defendant went to visit the victim at his apartment in Smyrna. Though the victim was not at home at the time of defendant’s initial visit, defendant returned later that evening and spoke to the victim on that occasion. During the course of this second visit, defendant and the victim apparently agreed to meet at 10:30 a.m. the following morning at a nearby Denny’s Restaurant in Smyrna.

On 23 December, the day defendant and the victim met at Denny’s, the victim disappeared. Jim Baumgarten, the victim’s [4]*4roommate, testified that he last saw the victim at about 9:40 a.m. Baumgarten testified further that upon getting out of the shower some time later, he found a note on his kitchen window which had been written by his next-door neighbor, Sherri Elliott. That note, which was introduced into evidence by the State, read as follows: “Jim, Steve called and said that he was riding to Waynesville[,] North Carolina with his father-in-law. Sherri.” Later that day, Sherri explained to Baumgarten that the victim had called her to say that he could not reach Jim and that he wanted to leave a message.

On 26 December 1984, the victim’s nude, headless, and handless body was discovered alongside Highway 276 in rural Transylvania County, 9.5 miles away from defendant’s nearby summer home in Haywood County. The body was very clean, as if it had been washed, and contained a strikingly small amount of blood. The body bore multiple marks which seemed to indicate that it had been tightly wrapped or bound. In addition to the principal chest wound caused by the shotgun blast and the wounds caused by the amputations, there were numerous scratches on the surface of the body. Some of the scratches appeared on the chest, and many more were present on the back in the upper shoulder area, as if the victim had been pulled by the legs over a rough surface. Also found at the scene were blood spots on the pavement near the side of the road and a two- to three-foot piece of white rope which bore a green stain.

Clyde Kelly is defendant’s long-time friend and neighbor, and he lives directly across Pisgah Creek from defendant’s summer home in Haywood County. Kelly testified that it is very unusual for the McElraths to come to Haywood County during the winter. According to Kelly, defendant and his wife would generally leave their North Carolina home for Florida in October, not to return until the following April. Kelly testified further that he had never known defendant to come to the North Carolina home without his wife. During the winter months, the home is winterized, with the only electrical power left connected being that to the refrigerator.

On 23 December 1984, Clyde Kelly left his house at about 4:00 p.m. and noticed that the gate to the McElrath home, usually left locked during the winter months, was open. Defendant’s black Pontiac automobile was parked next to the house, the blinds to [5]*5the house were down, and there were no lights on. When Kelly returned to his home between 9:00 p.m. and 10:00 p.m. that night, he noticed that some lights, including the outside light over defendant’s garage, were on. Kelly did not go to defendant’s house on that occasion.

The following day, 24 December, at approximately 1:00 p.m., Clyde Kelly noticed that both of defendant’s automobiles, the black Pontiac and a brown Pontiac, were parked outside the garage at defendant’s house. Kelly then went over for a visit and found defendant in his driveway switching tires from one car to the other. Defendant told Kelly that he and his wife had driven from Florida to Smyrna, Georgia, to visit their daughter Ellen for Christmas because she was depressed about the breakup of her marriage to the victim. Defendant told Kelly further that he had driven to Haywood County from Smyrna in order to visit his father who had recently had an accident. While with defendant in the driveway, Kelly noticed that the trunks of both automobiles were open and empty. Later, while talking to defendant inside the home, Kelly noticed that Nancy McElrath did not seem to be present, but saw nothing else that seemed unusual. Kelly continued talking to defendant until about 4:15 p.m. that afternoon when he returned to his own home.

Arthur Huber, who is a friend and off-and-on business partner of defendant, owns the grocery store in Cruso, Haywood County, North Carolina. At around 11:00 a.m. on 24 December, defendant visited Huber at his store. While at Huber’s store, defendant borrowed Huber’s 3/8" drill, saying he needed it to work on a dishwasher at his home. Huber testified that there was a drill bit in the drill when he loaned it to defendant. The drill bit was not in the drill when defendant subsequently returned it. As a part of the lengthy investigation of the case, police officers did a very thorough search of defendant’s brown Pontiac automobile. Among other things, they found multiple drill holes in the trunk, including the fender wells, all of which had a shiny appearance.

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Bluebook (online)
366 S.E.2d 442, 322 N.C. 1, 1988 N.C. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcelrath-nc-1988.