State v. Simpson

357 S.E.2d 332, 320 N.C. 313, 1987 N.C. LEXIS 2162
CourtSupreme Court of North Carolina
DecidedJuly 7, 1987
Docket142A85
StatusPublished
Cited by18 cases

This text of 357 S.E.2d 332 (State v. Simpson) 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. Simpson, 357 S.E.2d 332, 320 N.C. 313, 1987 N.C. LEXIS 2162 (N.C. 1987).

Opinions

MITCHELL, Justice.

The defendant Perrie Dyon Simpson, pled guilty to one count of first degree murder, one count of robbery with a dangerous weapon and one count of conspiracy to commit murder. After his guilty pleas were entered, a jury was empaneled in accord with the requirements of N.C.G.S. § 15A-2000(a) for purposes of determining the defendant’s punishment for first degree murder. After hearing evidence in the sentencing proceeding, the jury recommended that the defendant be sentenced to death. On 12 March 1985, judgments and commitments were entered sentencing the defendant to death for the offense of first degree murder, imprisonment for forty years for the offense of robbery with a dangerous weapon and imprisonment for three years for conspiracy to commit murder. The defendant appealed the judgment and sentence of death for first degree murder to this Court as a matter of right. His motion to bypass the Court of Appeals on the appeal of the judgments for robbery with a dangerous weapon and conspiracy to commit murder was allowed by this Court on 6 February 1986.

The defendant contends inter alia on appeal that the trial court erred by holding that his confession was admissible in the cases against him, because it was the product of his being held [315]*315unlawfully in custody and because it was involuntary. We conclude that the defendant’s confession was properly received in evidence and reject this contention. As a result we hold that there was no error in the trial or judgments against the defendant for robbery with a dangerous weapon and conspiracy to commit murder. We also hold that the conviction of the defendant for first degree murder was without error.

The defendant also contends that the trial court erred during the sentencing proceeding in the first degree murder case by allowing only one of his counsel to participate in the defendant’s final argument to the jury. We find this contention to be meritorious. Accordingly, we remand the first degree murder case to the Superior Court, Rockingham County for a new sentencing proceeding and resentencing according to law as prescribed in capital cases.

A complete review of the evidence introduced at trial is unnecessary to an understanding of those issues we deem it necessary to reach and decide. Some of the evidence for the State tended to show that Reverend Jean Ernest Darter, a ninety-two-year-old retired Baptist minister, was found dead in his home on the evening of 28 August 1984. He had been tied to a bedpost at the foot of his bed by a belt which was wrapped around his neck. Both of his arms had been slashed open. His head was bloated and his face was covered with blood. There were numerous cuts and bruises on his head, and his left cheek bore an imprint that matched the bottom of a broken Tab bottle lying on the bed. Blood and fragments of glass were in the victim’s eyes. A bloody razor blade lay near his right hand. Certain items were missing from the home.

Expert medical testimony tended to show that any of three major areas of trauma suffered by the victim could have been life threatening, but that the victim’s death was due to ligature strangulation caused by the belt around his neck. The victim’s death by strangulation occurred over a period of five or six minutes or longer, depending upon the amount of force used during the process of strangulation. The victim would have lost consciousness within three to five minutes after his breathing was stopped by strangulation.

[316]*316Fingerprints were found in the Darter home on a hall telephone, in the bedroom and in the kitchen. Some of the fingerprints found matched those of the defendant, Perrie Dyon Simpson. Others matched the fingerprints of the defendant’s girlfriend, Stephanie Eury.

On 21 September 1984, the defendant was arrested on a warrant for an assault in Greensboro which was unrelated to the crimes for which the defendant stands convicted. After advising the defendant of his rights, the arresting officers briefly questioned him about the unrelated assault. They then began to discuss the Darter murder with him. The defendant initially denied any knowledge of the Darter murder. The officers temporarily ended questioning of the defendant after he agreed to take a polygraph test. Upon having the polygraph procedures explained to him and being told that the machine would reveal any lying on his part, the defendant said that the machine would show that he was lying and that there was something that he needed to tell the officers.

Shortly thereafter, the defendant was again advised of his rights. He then gave a statement in the nature of a confession indicating that he and Stephanie Eury had gone to Reverend Darter’s home on 26 August 1984 at Stephanie’s suggestion on the pretext that they were travelers who needed help. Reverend Darter gave them food and money at that time and allowed them to use the telephone in his home. After leaving the Darter home, the defendant and Stephanie Eury decided to go back and rob Darter.

The defendant said that, on the evening of Monday, 27 August 1984, he and Stephanie Eury left the Eury home and began to plan the robbery and murder of Darter. The defendant stated that: “Stephanie said if we go in there and rob the man we can’t let him live and I said that is the truth.” They then went to the Darter home and, after making sure that no one could see them, knocked on the door. Reverend Darter let them in. When Darter attempted to call the police to help Simpson and Eury, the defendant Simpson pulled Darter away from the telephone. He told Eury to cut the phone cord, which she did. Eury ran to the living room and pulled the drapes, while the defendant held Darter down on the bed in the bedroom. Eury began to ransack the residence for valuables to steal. When she brought food to the bed[317]*317room to show to the defendant, he told her to look for money. He continued to hold Darter on the bed and told Darter, “I want some money or else.” Simpson stated that Reverend Darter said that he had no money and to go ahead and kill him, he was going to Heaven. Simpson stated that: “The preacher was smiling as he told me to kill him because he was going to Heaven and this made me mad.”

The defendant Simpson stated that he called to Eury to check the bedroom for money. He grabbed a belt from the foot-board of the bed and looped it around Reverend Darter’s neck. He held the belt tightly around the^victim’s neck with his right hand while he went through items on the bed with his left hand and “told the preacher that he better tell me where some more money was but the preacher could not talk as he was choking.” The belt around the victim’s neck broke, and Simpson grabbed a thicker leather belt from the footboard and looped it around the victim’s neck, pulling it tight.

The defendant stated that he called to Eury “to bring me something in the bedroom to kill this preacher with.” When the items Eury brought the defendant to kill the victim with proved unsatisfactory, he had her hold the belt and pull it tighter around the victim’s neck, while he went to the kitchen “and looked around for some device to beat the old preacher and finish him off.” Having found a full sixteen ounce soft drink bottle, Simpson returned to the bedroom. He and Eury then pulled together to tighten the belt around the victim’s neck. Simpson then hit the victim in the face with the soft drink bottle three times, at which point it broke.

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State v. Simpson
357 S.E.2d 332 (Supreme Court of North Carolina, 1987)

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Bluebook (online)
357 S.E.2d 332, 320 N.C. 313, 1987 N.C. LEXIS 2162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simpson-nc-1987.