State v. Mitchell

467 S.E.2d 416, 342 N.C. 797, 1996 N.C. LEXIS 144
CourtSupreme Court of North Carolina
DecidedMarch 8, 1996
Docket440A94
StatusPublished
Cited by7 cases

This text of 467 S.E.2d 416 (State v. Mitchell) 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. Mitchell, 467 S.E.2d 416, 342 N.C. 797, 1996 N.C. LEXIS 144 (N.C. 1996).

Opinion

FRYE, Justice.

Defendant, Elroy Mitchell, was indicted for first-degree murder and common law robbery. He was tried capitally. The jury found defendant guilty of common law robbery and of first-degree murder under theories of premeditation and deliberation and felony murder. After a capital sentencing proceeding conducted pursuant to N.C.G.S. § 15A-2000, the jury recommended and the trial judge imposed a sentence of life imprisonment for the first-degree murder conviction. The judge also sentenced defendant to ten years’ imprisonment for the robbery conviction.

Defendant makes eight arguments on appeal to this Court. We reject each of these arguments and conclude that defendant received a fair trial, free from prejudicial error.

The State’s evidence at trial tended to show the following facts and circumstances: At approximately 2:00 p.m., on Friday, 14 August 1992, Ethel Corbett, the victim’s sister, took the victim, Alberta Futch, to run some errands. When they returned from the errands, the victim attempted to give Corbett five dollars, which Corbett refused. The victim placed the money in her purse, entered her home, and was never seen alive again by Corbett.

Futch usually went to church every Friday night with her brother, James Mitchell, who was also defendant’s grandfather. On Friday, 14 August 1992, when Mitchell attempted to telephone Futch at 6:50 p.m., no one answered. Evelyn McClain also attempted to reach Futch by telephone at 7:00 p.m. on that same evening, but did not get an answer. The last time anyone remembered speaking with Futch was at 6:00 p.m. on 14 August 1992.

Glotherine Everett, the victim’s cousin, had been attempting to contact Futch by telephone since 6:45 p.m. on the evening of 14 August 1992, but no one answered. On the following morning, 15 August 1992, Everett, concerned about the victim, contacted Corbett to see if anyone had spoken with the victim. Corbett and Mitchell then drove to the victim’s home, where they were joined by Carolyn Evans, the victim’s daughter. Corbett had called Evans and asked her to meet them at the victim’s house.

*802 When Mitchell, Corbett, and Evans arrived at the house, they found that the front gate and the door of the house were unlocked. Upon entering the house, they found the victim’s slip lying on the living room floor. All the lights were off. The eighty-one-year-old victim was lying face down on the rear bedroom floor. Her hands were bound loosely behind her back with belts from dresses which usually hung in the bedroom closet. Corbett noted that the victim was clothed in the same dress she had worn the previous day when Corbett had taken the victim to run some errands. The victim’s panty hose and panties were down around her ankles. Corbett immediately untied the victim’s hands and then called the Wilmington Police Department.

When the police arrived, they found the house neat and orderly, with a few exceptions. In the bedroom, a file cabinet that was in the corner near the door had been moved, and its handle was on the bedroom floor near the victim’s body. Two bricks that the victim kept next to the back door of the house were also found near her body. There was a place setting for one person and a glass of water on the kitchen table. Food had obviously been eaten, and some dried cream of wheat and peas remained in pots on the stove. Clothes that had been doused with detergent were in the washing machine. The ringer on the telephone was turned off.

The victim’s jewelry box was undisturbed, and none of her jewelry appeared to be missing. Futch had laid out some clothes, and $100.00 was found under the clothing. The back porch and screen doors were locked, and Futch’s Bible and purse were on the kitchen table. Corbett observed that the five-dollar bill she had seen earlier in the victim’s purse was missing, but $15.00 was hidden in a secret compartment in the victim’s purse. A green and white duffle bag which normally hung on the back of Futch’s bedroom door was also missing. A shoe box, which at one time contained approximately $140.00, was missing as well. With police approval, Futch’s relatives were allowed to clean the entire house the weekend of her death.

An autopsy revealed multiple scratches and cuts about the victim’s neck, pinpoint eye hemorrhages, a bruised lip and mouth, bruises on the right anterior thigh and groin, and bruises to the upper left chest. Futch had also suffered blows to the head and had multiple rib fractures consistent with her body being stomped by someone’s foot. There was no evidence that she had been sexually assaulted, and her stomach contained a partially digested meal. The *803 medical examiner concluded that the victim had been strangled to death by someone’s hands and that the pressure had been applied more than once. The victim’s hands had not been tied during the strangulation.

Futch, defendant’s great-aunt, had raised defendant’s father, and although she treated defendant like a grandson, he had not visited her in several years. However, on the day before the body was found, Geraldine Russell, the victim’s neighbor, saw defendant in the victim’s yard while the victim was not at home. Defendant told Russell that he had come to the house to fix his great-aunt’s air conditioner but that she was not at home. He added that he would return later. Defendant was wearing khaki shorts and a beige shirt. Defendant’s grandfather, who did most of the victim’s repairs, had been to Futch’s house on 13 August 1992 to fix the victim’s bathroom sink, and the victim neither complained about the air conditioner nor mentioned defendant. None of the witnesses who testified remembered Futch complaining about her air conditioner during the days just before the murder, nor did they remember the victim mentioning that defendant was coming to her house.

At noon on Thursday, 13 August 1992, defendant was paid by his employer, Murray’s Transfer. He left in the company truck and was supposed to return it by 5:00 p.m. that day, but the truck was not seen again until shortly before noon on the next day when it appeared in the employer’s párking lot. At about 4:00 p.m. on 13 August 1992, defendant picked up Milton Jones and purchased beer, cigarettes, marijuana, and crack cocaine. Defendant and Jones smoked crack and marijuana and drank beer. Defendant, still driving the company truck, dropped Jones off at about 8:00 p.m. that evening. Defendant slept at a friend’s house that night and told her when he left the next morning that he would bring her some money to pay her after he picked up his paycheck from work. When he left, he was wearing his work clothing.

Defendant was next seen by Zella Smith at approximately 8:00 p.m. on the evening of 14 August 1992. Defendant stopped by Smith’s house to see if another friend was there. Upon leaving Smith’s house, defendant went to Rick Barnes’ house. Defendant remained at Barnes’ house for several days and did not return to work after he left on 13 August until 24 August 1992. When defendant returned to his place of employment on 24 August 1992, he was arrested for a probation violation. .

*804 Defendant told the investigating officers that he was at the victim’s house continuously from 3:30 p.m. until 6:30 p.m. on 14 August 1992 and that she did not receive any telephone calls while he was there.

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Bluebook (online)
467 S.E.2d 416, 342 N.C. 797, 1996 N.C. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mitchell-nc-1996.