State v. Pearson

764 S.E.2d 706, 410 S.C. 392, 2014 WL 3734340, 2014 S.C. App. LEXIS 204
CourtCourt of Appeals of South Carolina
DecidedJuly 30, 2014
DocketAppellate Case No.2012-212430; No. 5251
StatusPublished
Cited by4 cases

This text of 764 S.E.2d 706 (State v. Pearson) 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. Pearson, 764 S.E.2d 706, 410 S.C. 392, 2014 WL 3734340, 2014 S.C. App. LEXIS 204 (S.C. Ct. App. 2014).

Opinion

GEATHERS, J.

Appellant Michael Wilson Pearson challenges his convictions for first-degree burglary, armed robbery, grand larceny, kidnapping, and possession of a weapon during the commission of a violent crime. Pearson argues the State failed to present substantial circumstantial evidence of his involvement in any of the crimes charged and, therefore, the trial court erred in denying his motion for a directed verdict. We reverse.

FACTS/PROCEDURAL HISTORY

Around 6:15 a.m. on May 15, 2010, Edward “Slick” Gibbons was jumped by three men as he exited his garage. The three men robbed Gibbons of approximately $840, beat him, and wrapped duct tape around his head. Following the attack, the men fled the scene in Gibbons’ 1987 Chevrolet El Camino. The vehicle was discovered approximately thirty minutes later, abandoned on the side of a nearby road. A fingerprint [395]*395recovered from the rear of the vehicle was matched to Pearson. The duct tape removed from Gibbons’ head contained DNA evidence, which was matched to Victor Weldon.

Pearson and Weldon were both indicted for attempted murder, first-degree burglary, armed robbery, grand larceny, kidnapping, and possession of a weapon during the commission of a violent crime. A joint trial was held May 16 through May 18, 2012. At the time of trial, investigators had yet to identify a third suspect.

At trial, Gibbons testified that as he was leaving for work, three black men wearing masks came out of the storage room inside of his garage and threw him on the ground. According to Gibbons, one of the men sat on top of his legs, while the other two men hit and kicked him. While Gibbons was on the ground, the men wrapped duct tape around his head. Gibbons claimed that one of the men had something in his hand that “looked like a pistol.” He further testified the men took all of the money in his wallet and then one of the men asked him, “Slick ... where is the rest of it[?]” After the robbery, the three men left the garage and started to drive away. Gibbons described how he pulled himself off the ground and looked out a window in the garage to see them driving off in his El Camino. Gibbons noted that when he got up, one of the men, who was seated in the rear bed of the El Camino, jumped out of the vehicle, ran back, and knocked him unconscious.

Cecil Eaddy, a local farmer, testified he found the abandoned El Camino around 6:40 a.m. with the motor running and the passenger door open. Eaddy recounted how he turned the vehicle off and took the keys to Gibbons’ auto parts store. Eaddy stated he returned the keys so that one of Gibbons’ employees could drive the vehicle back to the store. Walter Bush, an employee at Gibbons’ store, corroborated Eaddy’s testimony. According to Bush, Eaddy picked him up from the store and drove him to the location of the vehicle. Bush testified he drove the vehicle “straight back to the store.”

Ricky Richards, an investigator with the Clarendon County Sheriffs Office, testified he went to Gibbons’ store, where he processed the El Camino. Richards stated he lifted fingerprints from the driver’s side “door jamb” and the “rear quarter on the driver’s side.” On cross-examination, Richards [396]*396admitted there was no way to determine when the fingerprints were left on the vehicle.

Investigator Thomas “Lin” Ham testified he visited Gibbons at the hospital on the day of the crimes.1 Ham indicated that while he was at the hospital, he took the duct tape that was removed from Gibbons’ head into evidence. In addition, Ham testified that during an interview with Pearson following his arrest, Pearson “adamantly denied knowing Mr. Gibbons.” Ham elaborated: “[Pearson] told me he didn’t know where [Mr. Gibbons] lived. He had never been there. He had never been to [Mr. Gibbons’] place of business. He had never come into contact with [Mr. Gibbons’] vehicle.”

Marie Hodge, the automated fingerprint identification system (AFIS) examiner at the Sumter Police Department, was qualified as an expert in fingerprint identification. Hodge testified she ran seven fingerprints lifted from the vehicle through the AFIS but did not obtain an identification for any of the prints. After obtaining no hits, Hodge printed out the fingerprints of persons of interest from the AFIS and compared each set of prints “one-on-one” to the lifted fingerprints. According to Hodge, a side-by-side comparison of the prints showed that a right thumbprint found on the rear of the vehicle belonged to Pearson. Hodge later received a card containing Pearson’s ink-rolled fingerprints from the Sheriffs Office and compared the prints on the card to the lifted thumbprint. Hodge testified the comparison “reaffirmed” that the thumbprint belonged to Pearson. On cross-examination, Hodge conceded that she was unable to “date” or “age” a fingerprint. She further testified that when left undisturbed, a fingerprint “can be there for quite some time.”

Investigator Kenneth Clark testified he interviewed Pearson following Pearson’s arrest. Clark noted that during the interview, Pearson denied ever being around Gibbons or Gibbons’ property. According to Clark, when he informed Pearson that his fingerprint had been found on Gibbons’ vehicle, Pearson declined to comment. Clark testified that subsequent investigation revealed Pearson had previously worked on a landscaping project at Gibbons’ residence.

[397]*397Clark also testified concerning the investigation into co-defendant Victor Weldon’s involvement in the crimes. He noted that during an interview with Weldon, Weldon denied knowing Pearson or having any involvement in the crimes. Clark indicated, however, that records from the South Carolina Vocational Rehabilitation Center revealed Pearson and Weldon both worked at the same job training program from December 9 through December 12, 2008.

Richard Gamble, a local landscaper, testified Pearson had previously assisted him in doing landscaping work for Gibbons and Gibbons’ son, who lived on the same block. Gamble could not recall the exact date of the landscaping project; however, he indicated it took place in the spring of 2009 or 2010. He estimated the project lasted “at least 5 days.” Gamble testified that while working on the project, he observed Pearson enter Gibbons’ garage in order to retrieve job-related tools that were located in the storage area.

The State also presented the testimony of John Hornsby, who worked as an area supervisor at the South Carolina Vocational Rehabilitation Center. According to Hornsby, time cards and attendance records revealed Pearson and Weldon were both assigned to the facility’s woodshop from December 9 through December 12, 2008. Hornsby stated that around twenty-five individuals generally worked at the woodshop on a daily basis.

After the State rested, Pearson and Weldon both moved for a directed verdict on all charges. Pearson argued that even though his fingerprint was found on the outside of Gibbons’ car, the fingerprint was insufficient to place him at the crime scene. In reply, the State argued the fingerprint was found on the rear of the vehicle, where Gibbons testified one of the men who robbed him had been seated as they fled his house. The State also pointed to evidence that the two co-defendants attended the same job training program over a four-day period, as well as testimony that Pearson had done landscaping work at Gibbons’ home. The trial court denied Pearson’s and Weldon’s motions for a directed verdict. The trial court stated:

As far as Mr.

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Related

Weldon v. South Carolina
Court of Appeals of South Carolina, 2021
State v. Pearson
783 S.E.2d 802 (Supreme Court of South Carolina, 2016)
State v. Bratschi
775 S.E.2d 39 (Court of Appeals of South Carolina, 2015)
State v. Lynch
771 S.E.2d 346 (Court of Appeals of South Carolina, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
764 S.E.2d 706, 410 S.C. 392, 2014 WL 3734340, 2014 S.C. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pearson-scctapp-2014.