State v. Sims

588 S.E.2d 55, 161 N.C. App. 183, 2003 N.C. App. LEXIS 2044
CourtCourt of Appeals of North Carolina
DecidedNovember 18, 2003
DocketCOA02-1262
StatusPublished
Cited by7 cases

This text of 588 S.E.2d 55 (State v. Sims) 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. Sims, 588 S.E.2d 55, 161 N.C. App. 183, 2003 N.C. App. LEXIS 2044 (N.C. Ct. App. 2003).

Opinions

McGEE, Judge.

Antwaun Kyral Sims (defendant) was convicted of first-degree murder, first-degree kidnapping, and burning personal property on 24 August 2001. The trial court found defendant to have a prior record [185]*185level II for the latter two offenses. The trial court sentenced defendant to life imprisonment without parole for the first-degree murder conviction, to a minimum term of 100 months and a maximum term of 129 months imprisonment for first-degree kidnapping, and to a minimum term of eight months and a maximum term of ten months imprisonment for burning of personal property. Defendant appeals.

The State’s evidence at trial ténded to show that defendant was with Chad Williams (Williams) and Chris Bell (Bell) at the traffic circle in Newton Grove, North Carolina on 3 January 2000, when Bell said that the group needed to rob someone to get a car so Bell could leave the state to avoid a probation violation hearing. Defendant agreed to assist Bell. Defendant, Bell, and Williams observed Elleze Kennedy (Ms. Kennedy), an eighty-nine-year old woman, leaving the Hardee’s restaurant across from the traffic circle around 7:00 p.m. Ms. Kennedy got into her Cadillac and drove to her home a few blocks away. Defendant, Bell, and Williams ran after Ms. Kennedy’s car, cutting across several yards until they reached Ms. Kennedy’s home. Bell approached Ms. Kennedy in her driveway with a BB pistol and demanded Ms. Kennedy’s keys. Ms. Kennedy began yelling and Bell hit her in the face with the pistol, knocking her to the ground. Bell told defendant and Williams to help him find the keys to Ms. Kennedy’s Cadillac. After rifling through Ms. Kennedy’s pockets, Williams found the keys on the carport and handed them to defendant who agreed to drive.

Bell told defendant and Williams to move Ms. Kennedy to the back seat of the Cadillac. When defendant and Williams attempted to do so, Ms. Kennedy bit Williams on the hand. Williams hit Ms. Kennedy in the jaw, and with defendant’s help, put her in the back seat. Ms. Kennedy kept asking Bell where he was taking her. Bell responded by telling her to shut up and striking her in the face several times with the pistol. Ms. Kennedy, who was now bleeding steadily, ceased struggling.

After driving to Bentonville Battleground, defendant, Bell, and Williams put Ms. Kennedy, who was unconscious at the time, in the trunk of the Cadillac. While driving around, Bell told defendant to turn up the radio so they could not hear Ms. Kennedy in the trunk. Defendant, Bell, and Williams drove to the Chicopee Trailer Park in Benson, North Carolina, arriving at Mark Snead’s (Snead) trailer around 8:30 p.m. Defendant, Bell, and Williams told Snead that the Cadillac was a rental car and that the three of them were driving to Florida. Defendant, Bell, and Williams went inside Snead’s trailer and [186]*186all smoked marijuana. Defendant, Bell, and Williams later drove to the other side of the trailer park to visit Pop and Giovanni Surles, also telling them that the Cadillac was a rental car.

While at the Chicopee Trailer Park, Williams told defendant and Bell that he was not going to travel in a stolen car to Florida with an abducted woman in the trunk. Williams got out of the Cadillac and began to walk back to Snead’s trailer. Defendant and Bell drove away but later returned to Snead’s trailer with the music in the Cadillac turned up very loud. Defendant and Bell told Williams that they had let Ms. Kennedy out of the trunk at a McDonald’s and that Ms. Kennedy was now talking to the police. Williams then got back in the Cadillac and the three drove to defendant’s brother’s house. Defendant stated that he wanted to wipe up Ms. Kennedy’s blood from the back seat of the Cadillac. Defendant went into his brother’s house and returned with a damp rag, which he used to wipe down the backseat and backdoor where Ms. Kennedy had originally been held before she was placed in the trunk.

Defendant drove Williams and Bell to a nearby truck stop where Bell took four dollars from Ms. Kennedy’s pocketbook, which he gave to defendant to buy gasoline for the Cadillac. Bell told defendant to leave the car running. Nevertheless, defendant turned the car off. While the car was turned off, Williams heard scuffling in the trunk and confronted defendant and Bell about Ms. Kennedy; however, defendant and Bell laughed, again saying they had dropped Ms. Kennedy off at McDonald’s.

As they drove to Fayetteville, Bell threw the BB pistol and Ms. Kennedy’s credit cards out of the window of the Cadillac. Defendant, Bell, and Kennedy parked at a motel and were opening the trunk to let Ms. Kennedy out when a police car drove by. They closed the trunk, got back in the Cadillac, and drove to a nearby housing project where defendant and Bell reopened the trunk. Williams testified that it appeared Ms. Kennedy attempted to get out of the trunk but that defendant slammed the trunk back down.

Defendant, Bell, and Williams decided to return to Newton Grove to find the scope from the BB pistol which was lost during the abduction of Ms. Kennedy. Upon arriving at Ms. Kennedy’s home, Williams observed blood on the concrete slab, as well as a pair of glasses and a woman’s shoe. Bell searched Ms. Kennedy’s yard for the scope but did not find it; he picked up the woman’s shoe and put it in the Cadillac.

[187]*187While discussing what to do with Ms. Kennedy, Bell told Williams that he knew a place to put her, but that defendant knew of an even better place. Defendant, Bell, and Williams drove to a field with some trees, located near defendant’s brother’s house. The three opened the trunk and Williams saw Ms. Kennedy moving around in the trunk and moaning. Williams asked if they could let her go, but Bell replied, “Man, I ain’t trying to leave no witnesses. This lady done seen my face. I ain’t trying to leave no witnesses.” Bell asked defendant for a lighter to burn Bell’s blood-covered jacket. Defendant gave Bell his lighter and Bell set the jacket on fire and threw it into the Cadillac. Bell stayed to watch the fire, but defendant and Williams walked back to defendant’s brother’s house to watch television. When Bell returned to the house, he first joked that he had let Ms. Kennedy out of the car and that she had driven the Cadillac away; however, he informed defendant and Williams that he had actually just stayed to watch the jacket burn. The three slept at defendant’s brother’s house. The next morning Bell told defendant to go back to the car and confirm that Ms. Kennedy was dead, and that if she was not, defendant should finish burning the Cadillac. Defendant returned and told Bell and Williams that Ms. Kennedy was dead and that all of the windows in the Cadillac were smoked. Bell did not believe defendant and called Ryan Simmons (Simmons) to come and drive them to the Cadillac. Defendant and Bell wiped the car down to remove any fingerprints, and Williams, responding to an inquiry from Simmons, confirmed the Cadillac was indeed stolen.

Simmons drove defendant, Bell, and Williams to Bell’s house for a change of clothes and a few video games, and then drove the three back to defendant’s brother’s house. Simmons came back to pick up Bell and Williams a couple of days later; however, before leaving, Bell told Williams and defendant to lie if the police questioned them about the murder.

Ms. Kennedy’s Cadillac was found by law enforcement the morning after her abduction. Investigators discovered Ms. Kennedy’s body in the trunk. They made castings of footprints found in the area of the abandoned Cadillac.

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Related

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Supreme Court of North Carolina, 2025
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818 S.E.2d 401 (Court of Appeals of North Carolina, 2018)
State v. Miller
676 S.E.2d 546 (Court of Appeals of North Carolina, 2009)
State v. Medina
622 S.E.2d 176 (Court of Appeals of North Carolina, 2005)
State v. Snider
609 S.E.2d 231 (Court of Appeals of North Carolina, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
588 S.E.2d 55, 161 N.C. App. 183, 2003 N.C. App. LEXIS 2044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sims-ncctapp-2003.