State v. Whiteside

383 S.E.2d 911, 325 N.C. 389, 1989 N.C. LEXIS 479
CourtSupreme Court of North Carolina
DecidedOctober 5, 1989
Docket431A88
StatusPublished
Cited by54 cases

This text of 383 S.E.2d 911 (State v. Whiteside) 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. Whiteside, 383 S.E.2d 911, 325 N.C. 389, 1989 N.C. LEXIS 479 (N.C. 1989).

Opinions

FRYE, Justice.

Defendant was charged under a true bill of indictment with the murder of Gary Cooper and convicted of murder in the first degree in violation of N.C.G.S. § 14-17. The jury recommended life imprisonment, and from the judgment imposing a sentence of life imprisonment, defendant appeals to this Court. We find no prejudicial error.

The testimony presented to the jury in this case reveals a brutal sequence of events. The State’s evidence tended to show that on the evening of 29 October 1987, Gary Cooper and approximately thirty-five others were celebrating a wedding at a liquor house on Gudger Street in Asheville. Gertrude Gardner operated the liquor house and saw Cooper when he arrived. On the morning of 30 October 1987, Ms. Gardner discovered Cooper’s body in a field adjacent to the house and telephoned police. In response to Ms. Gardner’s call, Don Babb of the Asheville Police Department was dispatched to the field adjacent to the house on Gudger Street. He observed a “partially-nude body of a white male” which “[ajppeared to be that of a dwarf or a midget.” The victim’s shirt was bloody, there was dried blood in the victim’s hair, one hand was underneath the head and there were gashes on the victim’s leg. There were various items of clothing, a wallet and an abandoned vehicle near the body. Detective Van Smith arrived at the crime scene and recognized the body as that of Gary Cooper whom he had known for years.

Lieutenant William Gibson of the Asheville Police Department collected the following items from the field where the victim’s body was found: a driver’s license for Gary Cooper, a pair of blue jeans, a plaid shirt, a pair of boots, an aluminum bell housing, a steel transmission gear, a brick, and the trunk lid of a 1969 Pontiac. The aluminum bell housing was a few feet away from the victim’s body and the trunk lid, which had tennis shoe prints on it, was found next to the victim’s body.

Derrick Penland testified that he was present at the Gudger Street liquor house on the evening of 29 October 1987 along with [393]*393defendant James Whiteside, Marvin Brown, James Brown, Coleman Clark and Lamont Robinson. While in a room in the upstairs portion of the house, Penland saw defendant strike Cooper in the head with his fist. Cooper remained unconscious on the floor for approximately thirty minutes after which he went outside. Defendant, James Brown and Lamont Robinson also went outside. When defendant, Brown and Robinson returned, Penland overheard each of them say “[t]hey all beat . . . and pile drived” Cooper. Penland testified on cross-examination that defendant was wearing gray boots on the night in question.

Adrian Lyles, also present at the liquor house on the evening in question, noticed a cut above Cooper’s eye. When she asked why Cooper was bleeding, defendant told her that he had hit Cooper. Lyles testified that she went downstairs and upon her return noticed that Cooper was “knocked out flat on the floor.” Defendant stated to her that “he hit him again.”

On 30 October 1987, Lamont Robinson and James Brown were arrested for breaking into a car and larceny — charges unconnected with the present case. After both men were released on bond, they were picked up again that evening for questioning concerning the death of Cooper. Both men were informed of their rights; both waived their rights and wrote voluntary statements.

Robinson eventually pleaded guilty to the second degree murder and common law robbery of Cooper, two counts of breaking or entering, and two counts of larceny. A post-arrest statement taken from Robinson was substantially the same as the testimony of other witnesses regarding the events that occurred at the liquor house. Robinson testified that when Cooper regained consciousness and left the liquor house, he remained inside while defendant, James Brown, Marvin Brown, and Coleman Clark followed the victim outside. The group of men returned approximately five minutes later. After about twenty minutes, defendant went back outside “to finish him [Cooper] off.” Robinson and James Brown went outside “to see what he [defendant] was going to do.” Robinson stated that he saw the victim “laying face down” in the field. Robinson demonstrated to the jury, using a doll the same size as the victim, the manner in which defendant “pile drived” the victim. His demonstration showed that defendant held the victim upside down with his head between defendant’s knees. Robinson further testified that defendant “pile drived him onto his head about three times” [394]*394onto a glass bottle. He also testified that defendant “got up on the car and jumped off onto his [the victim’s] neck” three times and that defendant took a “bell housing” and threw it on the victim’s head. Robinson further testified that he did not kill Cooper but only kicked him several times to see if he was alive. Defendant, Robinson and others later robbed a nearby grocery store and stole beer.

James Brown also gave a voluntary written statement to police similar to Robinson’s statement and to the testimony of other witnesses. At trial Brown testified that after the group of men followed Cooper outside, he saw defendant throw the victim off the porch of the house “by his legs” onto a stump. Sometime later the same group of men, including defendant and Brown, went over to the victim and carried him to the side of the house. Robinson and Brown checked the victim’s clothing for money. Brown testified that the victim was still alive when the group left him. Brown’s testimony corroborated that of Robinson regarding defendant’s “pile driving,” jumping off the hood of the car onto the victim, and throwing the “bell housing” onto the victim. He also testified that he did not murder the victim. Brown pleaded guilty to second degree murder, common law robbery, two counts of breaking or entering, and two counts of larceny.

Jessica Penland, defendant’s girlfriend, testified at trial that defendant lived in her home. She identified a pair of pants defendant wore on the night in question and a pair of Nike tennis shoes frequently worn by defendant. The pants and tennis shoes were taken into custody by the police from her home following defendant’s arrest.

John Neuner, a State Bureau of Investigation expert in latent evidence, testified that an examination of the automobile trunk lid found beside the victim’s body revealed four footwear impressions of sufficient detail for comparison purposes. The agent further testified that the impressions were made by tennis shoes; the sole design, size and wear characteristics of the impressions were consistent with the tennis shoes in question. The agent concluded that although he could not say positively that the tennis shoes in question made the impressions, there was nothing about the shoes that would cause him to eliminate them as being the shoes that made the impressions.

Lucy Milks, a State Bureau of Investigation forensic serologist, testified that bloodstains on pants taken from Jessica Penland’s [395]*395home were consistent with the victim’s blood. Both defendant’s coat and a brick found at the scene contained human blood. Ms. Milks further testified that she did not find any blood on the bell housing and that she found a very small bloodstain which she could not test on the right Nike tennis shoe seized from Penland’s home.

Deborah Radisch, a medical examiner, performed an autopsy on the body of Cooper on 31 October 1987. She testified that Cooper was four feet, four inches tall, weighed 110 pounds (an “achondroplastic dwarf”) and had a blood alcohol content of .27 percent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Newmones
Court of Appeals of North Carolina, 2026
State v. Ramsey
Court of Appeals of North Carolina, 2025
State v. Moore
Court of Appeals of North Carolina, 2023
State v. Davis
Court of Appeals of North Carolina, 2023
State v. Washington
Court of Appeals of North Carolina, 2021
State v. Miller
817 S.E.2d 921 (Court of Appeals of North Carolina, 2018)
State v. Spikes
775 S.E.2d 693 (Court of Appeals of North Carolina, 2015)
State v. Williams
Court of Appeals of North Carolina, 2014
State v. Carpenter
754 S.E.2d 478 (Court of Appeals of North Carolina, 2014)
State v. Stokes
738 S.E.2d 208 (Court of Appeals of North Carolina, 2013)
State v. Hunt
728 S.E.2d 409 (Court of Appeals of North Carolina, 2012)
State v. Rankin
663 S.E.2d 438 (Court of Appeals of North Carolina, 2008)
State v. Smith
654 S.E.2d 730 (Court of Appeals of North Carolina, 2008)
State v. Parker
653 S.E.2d 6 (Court of Appeals of North Carolina, 2007)
State v. Gonzalez
650 S.E.2d 674 (Court of Appeals of North Carolina, 2007)
State v. Graham
650 S.E.2d 639 (Court of Appeals of North Carolina, 2007)
State v. Silas
609 S.E.2d 400 (Court of Appeals of North Carolina, 2005)
State v. Bullock
574 S.E.2d 17 (Court of Appeals of North Carolina, 2002)
State v. Lotharp
559 S.E.2d 807 (Court of Appeals of North Carolina, 2002)
State v. Fletcher
555 S.E.2d 534 (Supreme Court of North Carolina, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
383 S.E.2d 911, 325 N.C. 389, 1989 N.C. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-whiteside-nc-1989.