State v. Stevenson

402 S.E.2d 396, 328 N.C. 542, 1991 N.C. LEXIS 252
CourtSupreme Court of North Carolina
DecidedApril 3, 1991
DocketNo. 304A90
StatusPublished
Cited by1 cases

This text of 402 S.E.2d 396 (State v. Stevenson) 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. Stevenson, 402 S.E.2d 396, 328 N.C. 542, 1991 N.C. LEXIS 252 (N.C. 1991).

Opinion

MARTIN, Justice.

Defendant was tried in a non-capital fashion and was found guilty of the murder of Lonnie Dean Hall. From a sentence of life imprisonment, defendant appeals. We hold that defendant’s trial was free of prejudicial error.

Defendant and Donna Hooker Stevenson were married in 1984 and legally separated in June 1989. Donna continued to live with their two children in their trailer, while defendant moved in with his brother. Their marriage was filled with violence and infidelity. In early June of 1989, defendant observed his wife and a black male, Darren Marsh, together at a park. When defendant approached them, Marsh began to run. Defendant ordered Marsh to stop and fired a shot into the ground with his gun. At home, defendant threatened to kill his wife unless she killed Marsh. He forced her to write a note confessing to the killing and gave her a gun to effectuate the crime. Donna Stevenson went to Marsh and warned him about defendant. She gave Marsh the gun and told him to forget about the incident.

Donna had known the victim, Lonnie Hall, all her life. On 1 August 1989, they had their second date. That evening, Donna’s sister kept her two children; Donna was alone when Hall arrived at the trailer around 7:30 p.m. The pair watched a video which lasted about two hours. During the movie, Donna heard the dog barking and she went to the back door to investigate. She saw no one outside, but she locked the back door anyway. The front door was already locked. After the movie ended, Donna and Lonnie listened to the stereo until around 11:00 p.m., when Donna needed to get ready to go to work. At 11:15 p.m., Donna sat up on the couch where she and Hall had been reclining. At that time, defendant entered the room, turned on a lamp, and said, “There ain’t going to be no wedding.” He shot Lonnie Hall in the chest as Hall attempted to get up. He fired three more times in rapid succession, hitting Hall in the chest and arms. Defendant turned to Donna and threatened to shoot her next. However, he changed his mind and asked her what he should do. He then threatened [545]*545to shoot himself, but Donna talked him out of it. Defendant suggested several ways to dispose of the victim’s body, but Donna told him he should get some money from his brother and escape to Mexico.

Defendant gave Donna his .38 caliber pistol, which she unloaded and locked in the trunk of her car. Donna drove defendant to his truck which was parked at a neighbor’s house. He instructed her to follow him in her vehicle to his brother’s. She complied for a time, but then pulled off the road. Defendant did likewise and asked her if the victim was the Sheriff’s brother. She lied to him and responded negatively. Donna pulled back onto the road in the opposite direction of which they had been driving. Defendant followed her until she pulled into the Elkin Police Department and went inside.

Defendant testified that he routinely stopped by his wife’s trailer in the evenings to make sure she was awake and ready to go to work. On the evening of 1 August, he arrived at his neighbor’s around 10:00 p.m. and walked to his trailer shortly thereafter. He did not know who owned the truck parked in the driveway, but believed that Darren Marsh was the man with his wife. He testified that he found the back door unlocked and he dropped his keys in the grass. When he entered the trailer, he heard voices and music on the radio. He heard Donna say, “I’m going to have them play that song at our wedding.” Other evidence pertinent to this appeal will be discussed below.

Defendant’s first assignment of error alleges that the trial court erred in denying defendant’s motion to dismiss the charge of murder in the first degree because the evidence was insufficient to prove deliberation. In reviewing the denial of a motion to dismiss for the sufficiency of the evidence, we must view the evidence in the light most favorable to the State, drawing all reasonable inferences therefrom. E.g., State v. Earnhardt, 307 N.C. 62, 296 S.E.2d 649 (1982). Substantial evidence must exist for every element of murder in the first degree in order to take the case to the jury. E.g., State v. Smith, 300 N.C. 71, 265 S.E.2d 164 (1980). “Substantial evidence” is that amount that “a reasonable mind might accept as adequate to support a conclusion.” Id. at 78-79, 265 S.E.2d at 169 (citations omitted).

Deliberation means an intent to kill carried out by the defendant in a cool state of blood in furtherance of a fixed design [546]*546for revenge or to accomplish an unlawful purpose and not under the influence of a violent passion, suddenly aroused by lawful or just cause or legal provocation.

State v. Gladden, 315 N.C. 398, 430, 340 S.E.2d 673, 693, cert. denied, 479 U.S. 871, 93 L. Ed. 2d 166 (1986) (citation omitted). Defendant contends that the evidence in this case did not allow a reasonable inference of deliberation indicating a specific intent to kill. We disagree.

Taken in the light most favorable to the State, the evidence shows the following:

(1) That defendant previously threatened to kill a person with whom his wife was involved.
(2) That the defendant left work early that evening claiming to be sick and went to his wife’s trailer.
(3) That defendant stopped 300 yards from the trailer at the home of a neighbor, learned from this neighbor that a truck had pulled up at his wife’s earlier and had not left.
(4) That defendant took his pistol from his truck and walked on foot to the trailer, leaving the driveway at some point and cutting through a field to avoid detection.
(5) That defendant dropped his keys in the grass in order to avoid detection.
(6) That defendant found the back door unlocked, entered, checked the bedrooms, and heard Donna’s voice down the hall.
(7) That defendant waited in the back of the trailer for some length of time; eventually entered the living room; turned on the light; said, “There ain’t going to be no wedding”; and three to five seconds later, shot Lonnie Hall four times in the chest and arms.
(8) That defendant threatened to kill his wife and then himself.
(9) That defendant tried to think of ways to conceal his crime.
(10) That defendant moved the victim’s truck to conceal it.
(11) That defendant fled the scene to avoid arrest.

From this evidence, a reasonable juror could conclude that defendant premeditated and deliberated his crime. From Donna’s testimony that she heard noises in the back over an hour before [547]*547the shooting and that she then locked the back door, the jury could conclude that defendant concealed himself in the trailer for a sufficient period to deliberate his actions. Moreover, defendant shot Hall while he was in a vulnerable position, unarmed and reclining upon a couch. Defendant’s argument of provocation is without merit.

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404 S.E.2d 658 (Supreme Court of North Carolina, 1991)

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Bluebook (online)
402 S.E.2d 396, 328 N.C. 542, 1991 N.C. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stevenson-nc-1991.