State v. Ray

560 S.E.2d 211, 149 N.C. App. 137, 2002 N.C. App. LEXIS 130
CourtCourt of Appeals of North Carolina
DecidedMarch 5, 2002
DocketCOA00-1511
StatusPublished
Cited by6 cases

This text of 560 S.E.2d 211 (State v. Ray) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Ray, 560 S.E.2d 211, 149 N.C. App. 137, 2002 N.C. App. LEXIS 130 (N.C. Ct. App. 2002).

Opinions

McCullough, Judge.

Defendant Andra Vencenta Ray was tried before a jury at the 7 February 2000 Criminal Session of Harnett County Superior Court after being charged with one count of first-degree murder, one count of first-degree kidnapping, and one count of robbery with a dangerous weapon. Evidence for the State showed that around 3:00 p.m. on the afternoon of 10 December 1998, Carolina Power and Light (CP&L) employees Larry Whitley and Ronnie Fincher were traveling north on [139]*139MacArthur Road in Harnett County when Whitley saw a red pickup truck stopped in the middle of the road facing north. As Whitley looked on, the driver’s door swung open; the truck then sped off with the driver’s door still open.

Although the pickup truck began accelerating and moving erratically, Whitley was able to see two occupants inside. Because the force should have closed the open driver’s door, Whitley thought it must have been lodged open. Whitley and Fincher, who were driving at a speed between forty-five and fifty miles per hour, lost sight of the truck for five to seven seconds as it rounded a curve. When they saw the truck again, it had wrecked, and dust was still blowing in the air.

When Whitley and Fincher made it to the accident site, they saw an elderly white man lying on the ground, apparently dead, and a black man running back down the road in the direction from which the truck had just come. The elderly victim was later identified as Mr. Kyle Archie Harrington, an eighty-seven-year-old resident of Harnett County. The black man, whom Whitley and Fincher identified at trial as defendant, ran along the road for about one hundred yards, then turned into the woods. Defendant was described as “dusty dirty,” shoeless, and had blood on his face. According to Fincher, defendant was wearing a light-colored jacket with writing or a stripe down his sleeve.

Another witness, Greg Batten, testified that he observed the pickup truck at approximately 3:15 p.m. on 10 December 1998, while he was traveling south on MacArthur Road. Batten saw the pickup truck traveling at approximately seventy to seventy-five miles per hour with the driver’s door open. The truck initially drove on Batten’s side of the road but returned to its own lane as it neared Batten’s car. Batten saw an elderly white male driving and a younger black male in the passenger seat. Batten testified that the two appeared to be struggling for control of the truck’s steering wheel. The young black man was seated in the middle of the seat and was reaching over toward the driver’s area of the pickup truck. No other vehicles were in the immediate vicinity. These observations were made by Mr. Batten within a matter of seconds, after which the truck disappeared out of sight. Batten then called the highway patrol on his cell phone to warn of a possible wreck.

Robin Moore, who lived in a mobile home adjacent to MacArthur Road, testified that around 3:30 p.m. on 10 December 1998, defendant [140]*140came to his house. Moore stated that defendant was wearing a pullover sweatshirt, but had no shoes on. He also stated that defendant had blood around his nose, and had broomstraw in his hair and on his clothes. Defendant told Moore he and a friend were going to the victim’s home to get haircuts; however, on the way, two black men had run them off the road. Defendant explained that these men were now beating his friend, and defendant had gone to call for help. Defendant also told Moore he had ridden his bike over to the victim’s home earlier that day. Moore called 911, and defendant waited approximately fifteen minutes for the police to arrive.

Agent Eddie Jaggers, a narcotics agent with the Harnett County Sheriff’s Office, was patrolling near MacArthur Road when he heard about an accident nearby. Agent Jaggers went to the accident site, checked on Kyle Harrington’s condition, then got information about a black male who ran away from the scene. Agent Jaggers ascertained defendant’s whereabouts and picked defendant up at Moore’s home. Jaggers searched and handcuffed defendant and took him back to the accident site. Once there, Agent Jaggers turned defendant over to Detective Richard Hendricks.

Danny Tadlock was a paramedic with Harnett County Emergency Medical Services. He assisted at the accident site on MacArthur Road on 10 December 1998. Mr. Tadlock examined defendant, whose face was scratched. When asked what happened, defendant told Tadlock a black vehicle had run the pickup truck off the road and both he and Harrington were thrown from the truck. Afterwards, defendant said, he had run for help.

The State also called State Highway Patrolman Mark Smith to testify, over defendant’s objections, as an expert in accident reconstruction. Trooper Smith went to the accident site and observed various tire impressions and tire marks and noted extensive damage to the truck’s left front quarter panel and to the driver’s door. There was no damage to the rear, top, or right side of the truck. The windshield and back glass were intact, but the window on the driver’s side was broken out. Dirt, debris, pine needles, and branches were in the interior of the truck and blood-like stains were on the padded center of the steering wheel. Two hiking boots were found on the floorboard.

Based on the physical findings at the accident site, Trooper Smith expressed an opinion on the direction in which the truck was traveling and stated his belief that Harrington was ejected from the truck [141]*141on the driver’s side. Trooper Smith offered no opinion as to how the accident occurred. He merely testified to having prepared a limited reconstruction of the accident based on the report by the investigating officer, the field sketch of measurements taken at the scene, and a statement defendant made to the police as to how the truck crash came about.1 When asked if he had relied on defendant’s statement as a basis for any opinion expressed during his testimony, Trooper Smith answered, “Absolutely not.”

Detective Hendricks of the Harnett County Sheriff’s Office testified that, upon arriving at the accident site, he examined Harrington’s body and noted lacerations “that were not consistent in [his] opinion with a traffic accident.” The lacerations were “more defined as smooth in nature.” After observing these wounds, Detective Hendricks searched the truck for anything that could have caused the lacerations. Detective Hendricks found a bloody box cutter (the utility knife) on the floorboard of the truck; at that point, the focus of the investigation changed from a traffic accident to a homicide investigation. Other than blood on the windshield on the passenger side of the truck, the police did not find any glass with blood on it.

Dr. John Butts, the Chief Medical Examiner for the State of North Carolina, was tendered as an expert in the field of forensic pathology. Dr. Butts performed the autopsy on Kyle Harrington on 11 December 1998. Dr. Butts determined Harrington died from massive blunt force injuries, instantly fatal and consistent with impact injuries from a vehicle accident. Dr. Butts also noted one cut at the bottom of Harrington’s neck, two on his jaw, and several on the back of his right hand toward the wrist, which were made by a sharp object capable of cutting the skin cleanly, possibly a utility knife. Dr. Butts added that it was hard to distinguish cuts from a particular instrument, including glass. Dr. Butts opined that the cuts on Harrington’s hands were “consistent with defensive wounds.”

The State also called Mr.

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State v. Ray
560 S.E.2d 211 (Court of Appeals of North Carolina, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
560 S.E.2d 211, 149 N.C. App. 137, 2002 N.C. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ray-ncctapp-2002.