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William Anthony North Carolina Death Row

William Anthony was sentenced to death by the State of North Carolina for the murder of his ex wife Semantha Belk Anthony. According to court documents William Anthony would murder Semantha Belk Anthony and attempted to murder his former father in law. William Anthony would be arrested, convicted and sentenced to death

North Carolina Death Row Inmate List

William Anthony 2021 Information

Offender Number:	0654093
Inmate Status:	ACTIVE
Gender:	MALE
Race:	WHITE
Ethnic Group:	EUROPEAN/N.AM./AUSTR
Birth Date:	02/25/1965
Age:	56
Current Location:	CENTRAL PRISON

William Anthony More News

At defendant’s trial, the State presented evidence that defendant and Semantha Belk Anthony were married on 26 October 1985 and that two children were born of the marriage. Defendant and Semantha separated for several months in 1992. During this separation, defendant wrecked Semantha’s vehicle with his truck and grabbed her after allegedly seeing her with another man. Defendant was charged with communicating a threat and with assault on a female as a result of this incident, but the charges were subsequently dropped. Defendant and Semantha temporarily reconciled but separated again in March 1997, as detailed below. Semantha told her mother, Martha Belk, that she was leaving defendant because her sons “were being abused” and “she was scared of [defendant].” Similarly, she told her father, John Edward Belk, that she was separating from defendant because “she was afraid he was going to kill her and the boys.”

On 15 March 1997, Semantha met with attorney Jay Stroud, who prepared a separation agreement. This agreement, which defendant and Semantha signed on 19 March 1997, gave Semantha primary custody of the children and entitled defendant, in part, to visitation with the children twice a week and on alternate weekends. Thereafter, Semantha and the children left the marital residence. Semantha stayed with her parents briefly, then moved into an apartment. The children slept at the Belks’ home.

A week after signing the separation agreement, defendant contacted Susan Russell, a legal assistant for attorney Stroud, to complain about Semantha’s failure to remove the remainder of her property from the marital residence. Ms. Russell contacted Semantha, who responded that defendant had been harassing her since they signed the separation agreement. She further explained that she had not yet acted because she was afraid of defendant and was trying to find someone to accompany her when she retrieved her property. In fact, on 16 March 1997, the day after Semantha visited attorney Stroud, the Gaston County Police Department had been dispatched to the marital residence in response to a domestic dispute. Defendant told the responding officer that he had a gun but had thrown it in the woods behind the house at Semantha’s request.

On 9 April 1997, Semantha filed a “Complaint and Motion for a Domestic Violence Protective Order” against defendant in which she stated, “4-8-97. Has threatened to kill me, constantly follows me at different times, carries a gun. I fear for my life.” That same day, a judge signed an “Ex Parte Domestic Violence Protective Order” and set a hearing in the matter for 16 April 1997.

On the morning of Tuesday, 15 April 1997, defendant arrived at the Belks’ home to visit his children. Although in the past defendant had been welcome do to so whenever he wanted, Semantha instructed her parents no longer to allow defendant to see the children before school because his visits upset them. However, when Mr. Belk told defendant that he could not see his children, defendant pushed him aside and entered the house. Defendant was crying at the time, and his children became agitated while talking to him. After defendant left, Mr. Belk reported the incident to the police, and J.T. Welch, an officer with the Mount Holly Police Department, responded. He testified that Mr. Belk described the incident to him and stated that defendant had at some point made threats that he would kill the whole family. Mr. Belk appeared troubled and said that he did not know what defendant was capable of doing. He added that he thought his daughter had obtained a restraining order against defendant.

Officer Welch advised Scott Wright, an officer with the Mount Holly Police Department, of the incident and of a possible restraining order against defendant. Officer Wright went to the Belks’ home to speak with Semantha, who told him about the incident that morning and added that defendant had been following her and threatening to “blow her f_ing head off.” After speaking with Semantha, Officer Wright confirmed that an “Ex Parte Domestic Violence Protection Order” had been issued.

Officer Wright saw Semantha later that day at a hair salon. While speaking with her, she exclaimed, “There he is, there he is,” and she and the officer watched as defendant drove slowly past the salon. Afterwards, Officer Wright visited Semantha at her residence, where she told him that defendant was supposed to bring the children to her parents’ home later that day. She requested that a police officer come by during that time because she thought there would be trouble and added, “He’ll kill me if he gets a chance.”

That same day, Semantha also called legal assistant Russell to report that defendant had hired an attorney who was going to attempt to have the 16 April 1997 domestic violence hearing postponed because defendant was scheduled to undergo surgery. During their conversation, Semantha told Ms. Russell that she recently had purchased a gun because she was afraid to stay in her residence without protection and that her children were sleeping at her parents’ home because she was fearful something would happen.

Defendant went back to the Belks’ home on the afternoon of 15 April 1997, bringing flowers for Semantha and steaks for the Belks as an apology for the encounter that morning. Although defendant left after several minutes, events rapidly took an ominous turn. Defendant’s stepfather, Johnny Kendall, testified that he later told Mount Holly Police Officer Barry Colvard that he thought he had talked defendant out of doing something he would regret but that when defendant grabbed several shotgun shells and ran out of the house, Mr. Kendall called 911. He told the operator that defendant had left his home with a gun to shoot Semantha. Randy Carter, a neighbor of the Kendalls, testified that Mrs. Kendall came to his house on 15 April 1997 just prior to the shootings and asked him to calm defendant. Defendant told Mr. Carter that he could not take it anymore and was going to kill Semantha. While Mr. Carter was speaking with defendant, defendant was searching for something in three rooms and the attic of the Kendalls’ house. When defendant left, Mr. Carter observed a shotgun in the back of defendant’s truck.

Approximately one hour after leaving the Belks’ home, defendant returned. Semantha, who was there waiting for defendant to drop off the children, ran outside when she heard defendant blow his horn. Mr. Belk, who had seen defendant drive down the street, was outside talking with his neighbor James Fitcher. Several minutes later, Mr. Belk heard someone yell, “Todd’s got Sandy, dragging Sandy out front, he’s got a gun.” Mr. Belk ran inside his home to find something with which to defend himself. When he emerged, he saw that defendant was wielding a shotgun while holding the crouching or kneeling Semantha by her hair. Defendant told Semantha, “Hold still, b_. I’m going to kill you,” while she pleaded with defendant to let her go. When Mr. Belk told defendant not to hurt his daughter, defendant became distracted and Semantha was able to break free and run. Defendant chased her and shot her in the back. He then reloaded his shotgun and, as the wounded Semantha lay on the ground begging for her life, flipped her over with his foot; said, “ Hold still, b_”; and shot her again. Defendant reloaded; aimed his shotgun at Mr. Belk; said, “You’re next, old man”; and shot Mr. Belk in the shoulder. Defendant next aimed at Mrs. Belk, who was standing on her front porch. Although defendant apparently pulled the trigger, his weapon failed to fire. Defendant threw the shotgun in the back of his truck; said, “Now I can go to jail”; then sped away, scattering gravel. Several neighbors, including James Fitcher, Kimberly Fitcher, Brenda Cagle, Bobbie Auten, and Gloria Jenkins, witnessed the shootings and corroborated the testimony of Mr. and Mrs. Belk.

After shooting Semantha and Mr. Belk, defendant drove to his parents’ house. Defendant told Mr. Carter that he had shot Semantha and asked Mr. Carter to drive him to the jail. As Mr. Carter was driving, defendant repeatedly stated, “Why did she do this to me? Why? Why? Why?” Mr. Carter saw several patrol vehicles and flagged down Mount Holly Police Officer B.G. Summey. As Officer Summey approached, defendant spontaneously stated, “I did it. I shot them. I couldn’t take it anymore.” Defendant identified himself and while being handcuffed said, “I shot her twice. Is she all right?” After advising defendant of his Miranda rights, Officer Summey searched defendant and found several Xanax tablets in defendant’s pocket. Defendant then told Officer Summey that the murder weapon was in the back of his truck at his parents’ home.

Defendant was taken to the Mount Holly Police Department, where he consented to a search of his truck and his parents’ home. When asked to sign a waiver of rights form, defendant responded, “Yes, I’m guilty. I’ll sign whatever.” Defendant said that he had not slept in three to four weeks and that he had taken several Xanax pills before the shootings. When Officer Summey informed defendant that his wife had died and that he was under arrest for her murder, defendant responded, “I know I’m guilty.” Thereafter, defendant was transported to the Gaston County Police Department to be fingerprinted and photographed. While entering the patrol vehicle, defendant responded to an officer’s caution to watch his head by saying, “I just killed my wife. My head’s the last of my worries.” While en route, defendant asked, “Is she still alive?” and “Can I get the death penalty for this?”

Once at the Gaston County Police Department, defendant explained that he killed his wife because she was seeing other men and was not going to let him visit his children. He stated that Semantha had called his mother that day and told her she was never going to let defendant see his children again, she wished defendant was dead, and she would not even visit defendant’s grave if he died. Defendant was then taken to the magistrate’s office. On the way, defendant commented, “One of the bullets was meant for me, and the old man confronted me so I shot him too,” and “I pulled the trigger. I’m guilty. Go ahead and give me the death penalty.” Defendant told the magistrate, “I didn’t mean to do it but she kept using the kids against me.”

Several witnesses testified as to statements defendant made prior to the murder indicating his intention to kill his wife. Benny Hale, owner of Benny’s Fishing Lake, testified that defendant was a frequent customer. He noticed a change in defendant in February 1997. Approximately two weeks before Semantha’s murder, defendant told Mr. Hale that he was experiencing problems with his wife because she would not let him see his children as often as he wanted. During this conversation, defendant became upset; began to cry; and stated to Mr. Hale, “Benny, I’m thinking about killing the b_.” On 10 April 1997, defendant told Kimberly Fitcher, the Belks’ neighbor, that Semantha had served papers at his place of employment and was opposing his efforts to obtain joint custody of their children. Ms. Fitcher testified that defendant said “he would hurt anyone who stood in his way of him being with his kids.” Gordon Arnold, manager of Mount Holly Farm Supply, testified that defendant entered his store on 14 April 1997. When Mr. Arnold asked defendant, “Can I help you?” defendant, who was visibly upset, responded, “You can’t help me with my problems․ My wife left me. She is running around on me. She won’t let me see my kids. I am going to kill her and if her old man gets in my way, I’m going to kill him, too.” Finally, Carl Barker, who had been defendant’s supervisor at work for approximately ten years, testified that defendant had not been himself for six months prior to Semantha’s murder. On several occasions, including 15 April 1997, defendant told him that “he was going to kill the b_.”

Dr. Peter Wittenberg, the pathologist at Gaston Memorial Hospital who autopsied Semantha, testified that her death was caused by bleeding from the lungs and wounds in her chest. He described her death as not immediate and “very painful.” Dr. Timothy Carr, an emergency physician at Gaston Memorial Hospital, treated Mr. Belk on 15 April 1997 and described his injuries as life-threatening. Ronald Marrs, a special agent with the North Carolina State Bureau of Investigation, was accepted as an expert in firearms and tool-mark examinations and identifications. He identified the twenty-gauge shotgun retrieved from defendant’s truck as the weapon used in the shootings and determined from examination of Semantha’s clothing that defendant was twelve to twenty-one feet away from her when he fired the first shot and six to twelve feet away from her when he fired the second shot.

Defendant presented evidence at the guilt-innocence phase of his trial to establish a history of tension in his relationship with Semantha. He testified that various individuals told him that she was having affairs and that he had seen her kiss another man during their first separation. He claimed that after their March 1997 separation Semantha attempted to prevent him from seeing his children.

On the day of the shootings, defendant was upset about his separation from Semantha and his inability to see his children. He consumed beer, vodka, and Xanax to deal with this distress, and as a result could not remember what happened at the Belks’ home and thereafter. Numerous witnesses corroborated defendant’s claim to have consumed intoxicants, including defendant’s father, Tony Anthony; his mother, Diane Kendall; and his stepfather, Johnny Kendall. Vivian Daley, a nurse at the Gaston County jail, testified that when she saw defendant on 16 April 1997, less than twenty-four hours after the shootings, he “was staring straight ahead and he was crying․ [I]n my professional opinion, he did not seem to know where he was.” She noted that defendant’s eyes were dilated and that he smelled of alcohol. Terry Wellman, a nurse at the Gaston County Police Department, observed defendant on 16 April 1997 shortly after his apparent attempt to commit suicide in jail. Because defendant was crying incoherently and his eyes were dilated, she requested a drug test. The results were positive for Xanax even though the test was administered twenty hours after the murder.

Dr. Roy J. Mathew, who was tendered and accepted as an expert in psychiatry specializing in the fields of addiction medicine and addiction psychiatry, testified as to the effects of Xanax and alcohol on the human brain. Dr. Mathew was of the opinion that defendant’s claimed memory loss of the murder was valid, and characterized what happened to defendant as a “black-out.” He also believed that defendant’s suicide attempt in the Gaston County jail was consistent with ingestion of Xanax. As to defendant’s mental condition on the day of the murder, Dr. Mathew stated, “I think he was significantly impaired. He was significantly intoxicated at the time of the alleged crime with alcohol and Xanax. It’s very difficult to separate one from the other because, as I indicated earlier, they do more or less the same thing in the brain.” When asked whether defendant’s mind and reason were so completely intoxicated and impaired that he could not form a specific intent to kill, Dr. Mathew responded, “I feel that he was significantly intoxicated by Xanax, alcohol, and both; that it would have been difficult for him to think rationally and clearly.”

Additional evidence was presented during the capital sentencing proceeding. This evidence will be discussed below as necessary to address sentencing issues.

We note at the outset that defendant has presented ninety-seven assignments of error. For convenience, clarity, and continuity, we have grouped related assignments of error in our opinion. We also note that, while defendant includes a constitutional component to almost all his assignments of error, in most instances he failed to preserve the constitutional issues at trial and has provided no argument and cited no cases in support of his constitutional arguments here. “Constitutional issues not raised and passed upon at trial will not be considered for the first time on appeal,” State v. Lloyd, 354 N.C. 76, 86-87, 552 S.E.2d 596, 607 (2001), and assignments of error in support of which no argument or authority is stated will be taken as abandoned, id. (quoting N.C. R.App. P. 28(b)(5)). Accordingly, we will consider only his properly preserved arguments.

https://caselaw.findlaw.com/nc-supreme-court/1371334.html

James Jaynes North Carolina Death Row

James Jaynes was sentenced to death by the State of North Carolina for robbery and murder. According to court documents James Jaynes would murder Paul Acker after weeks of stalking the victim. James Jaynes would be arrested, convicted and sentenced to death

North Carolina Death Row Inmate List

James Jaynes 2021 Information

Offender Number:	0206197
Inmate Status:	ACTIVE
Probation/Parole/Post Release Status:	INACTIVE
Gender:	MALE
Race:	WHITE
Ethnic Group:	EUROPEAN/N.AM./AUSTR
Birth Date:	07/13/1969
Age:	51
Current Location:	CENTRAL PRISON

James Jaynes More News

The State’s evidence tended to show inter alia that in October 1990, Paul Frederick Acker, the victim, was in the process of clearing land for a cattle farm. Several buildings, including a barn and a workshop, had already been built on the farm. Acker was living there alone in a mobile home until his house could be constructed. He kept numerous personal items as well as tools and equipment in his mobile home and in other buildings on the farm. He also owned a 1985 Volvo automobile and a 1988 Ford pickup truck.

Jerry Nelon was employed by Acker in the summer of 1990 to clear land off of Highway 108. Nelon’s work crew included prisoners on work release from the Spindale Prison Camp in Spindale, North Carolina. One of these men was Dan Marr.

Shane Smith testified at trial that he and defendant James Edward Jaynes had gone to school together. In February 1990, Smith began dating defendant’s cousin. From that time on, Smith and defendant saw each other often. Because defendant had moved away from home and had no car, he frequently asked Smith for transportation.

About three weeks prior to 10 October 1990, defendant informed Smith that Acker’s farm was a potential break-in site. Defendant asked Smith if he could borrow Smith’s car to locate the farm, but Smith refused. At this point, defendant informed Smith that Dan Marr had told him about the farm and had previously worked there. Smith took defendant to see Dan Marr, and the three of them discussed going to Acker’s farm. Following the discussion, Smith, accompanied by Marr and defendant, drove to the farm.

During the next two and one-half weeks, defendant and Smith made approximately four trips to Acker’s farm. They walked on the property and entered sheds, outbuildings, and Acker’s mobile home. During these trips, defendant and Smith observed personal property that they wanted to take for Marr and themselves.

On 10 October 1990, defendant went to Smith’s workplace. Defendant told Smith to pick him up at Philip Doster’s mobile home, which was located in the same mobile home complex where defendant lived. Smith picked up defendant at about 10:15 p.m., and they went to Acker’s farm in Polk County. Defendant was armed with both a .25-caliber pistol and a .22-caliber rifle.

At approximately 11:00 p.m., Smith and defendant arrived at Acker’s property. They parked about 250 yards from Acker’s mobile home and walked along the driveway toward it. When they reached the mobile home, they saw Acker’s Volvo and truck but saw no one outside the home. No lights were on inside, and the doors were closed. Defendant told Smith that he was going to knock on the front door and say that his car was stuck. He would then leave if anyone answered. Smith went to the rear of the mobile home to see if lights came on when defendant knocked on the door. Defendant knocked and asked if anyone was home. He then ceased knocking on the door, and for a few moments it was quiet.

Smith next heard a gunshot and saw a light come on in the mobile home. He heard defendant call his name, and he went around the home and entered the front. There, he saw Acker lying on his back and not moving. Smith also saw defendant holding the rifle and standing next to Acker’s body. Defendant put the rifle down and picked up the pistol. Thereafter, defendant fired at the victim’s body. Smith closed his eyes when the shots were fired. Defendant next gave Smith the pistol and ordered him to fire it. Smith fired once and then ran outside. A moment later, Smith heard two more shots fired from inside the mobile home. Defendant then came outside and warned Smith that he must not say anything about the events that had just occurred.

Defendant then reentered the mobile home, while Smith stayed on the front porch. Smith asked defendant to cover the body. Defendant laughed and stated that “it was no big deal.” Thereafter, defendant covered the body with a blanket.

Next, defendant asked Smith to drive Acker’s truck over to Acker’s workshop and load it, and Smith complied. Meanwhile, defendant loaded Acker’s Volvo with personal items from Acker’s mobile home. After Acker’s truck and car were loaded, defendant *455 and Smith drove the vehicles to Rutherford County. Defendant drove the Volvo while Smith drove the truck. They left Smith’s car parked beside the road near Acker’s farm. Smith followed defendant to a logging road near Marr’s house, where they left the loaded truck. Defendant then took Smith back to Polk County in Acker’s Volvo to retrieve Smith’s car.

Defendant and Smith arrived at the victim’s farm at approximately 2:00 a.m. on 11 October 1990. Before taking Smith to the place where they had previously parked, defendant returned to Acker’s residence. Defendant found a two-and-one-half gallon gasoline can. He then told Smith to meet him at the bottom of the hill. As Smith was walking down the road, he turned and saw the mobile home in flames. Smith then ran to the car. He later asked defendant why he had burned the mobile home, and defendant stated, “To destroy any evidence.”

Smith retrieved his car and followed defendant back to Rutherford County. They left the Volvo on the logging road near Dan Marr’s residence. Afterwards, Smith drove defendant to his grandmother’s home. Defendant took the .25-caliber pistol, while Smith kept the .22-caliber rifle in his car until 13 October, when he hid it under a sofa in his parents’ living room.

On 12 October 1990, defendant and Smith discussed where to put the property they had taken from the victim’s farm. They had planned to store some of the stolen items in a barn near Dan Marr’s house, but Marr refused to let them do so. Instead, they took the truck to an abandoned house near Oak Springs Road in Rutherford County and unloaded the stolen items there. Defendant and Smith covered the stolen items with plastic bags and took the truck back to the location near Marr’s home.

Larry Marelli, who worked for the victim, testified that he drove to Acker’s mobile home at approximately 7:50 a.m. on 11 October 1990 and found it on fire. Marelli observed that the victim’s car and truck, along with certain other items, were missing and that the door to the workshop was open. After observing the scene, Marelli returned to his home to call the police. Law enforcement officers arrived at Acker’s mobile home within five minutes. At approximately 10:05 a.m., SBI Agent Mika Elliott examined the crime scene and discovered the victim’s body there. He found a two-and-one-half gallon gasoline can inside the mobile home. He also discovered that the telephone line had been cut.

On 13 October 1990, a deer hunter discovered the items of stolen property defendant and Smith had left covered by plastic bags near the Oak Springs Road site and reported it to the Rutherford County Sheriff’s Department. Thereafter, Detective R.H. Epley and Detective Jake Gamble went to the site where the property had been found. The officers also contacted Philip Doster, who directed them to the old logging road where they found the victim’s Volvo.

At approximately 6:00 p.m., Detective Epley and SBI Agent Bruce Jarvis began a surveillance of the area where the victim’s Volvo had been discovered. At about 8:00 p.m., the officers observed a car back up the road and stop near the Volvo. Defendant and Smith then got out of the car that had backed up the road. They went to the Volvo and unlocked and opened its trunk. The officers then arrested defendant and Smith.

Philip Doster testified that in October 1990, he was the manager of a mobile home complex in Rutherford County. Defendant had moved to the complex in the summer of 1990. Doster often socialized with defendant and Smith. In October, defendant offered to sell Doster a weed eater, a chain saw, and a car battery. Doster and defendant drove in Doster’s truck to two different locations in Rutherford County. At one location, Doster saw a pickup truck with tools and other goods. At the other location, Doster saw a Volvo. Defendant opened the trunk of the Volvo and showed Doster a computer and a stereo.

Doster ultimately bought the weed eater, the chain saw, and the car battery. He said that he bought the items from defendant on behalf of the Rutherford County Sheriff’s Department because the Department was interested in recovering stolen property and had promised to reimburse him for property *456 that he purchased. Doster asked defendant how he had acquired the goods in the vehicles, and defendant responded that he “had to kill a guy to get [them.]” Defendant told Doster that defendant and Smith had gone to a man’s mobile home intending to rob him. Defendant had carried a .22-caliber rifle, and Smith had carried a .25-caliber pistol. Smith had knocked on the door and told the man who answered that his truck had broken down and he needed help. As the man began to walk back down the hallway of his mobile home, defendant shot him with the rifle. The victim did not die, so defendant shot him again. Defendant then called for Smith to enter the mobile home and directed him to shoot the victim. Doster testified that either Smith or defendant told Doster that one of them shot the victim twice, once in the shoulder and once in the head. Defendant also told Doster that he and Smith had poured gasoline on the victim after they shot him and that they had then set fire to the mobile home.

Doster testified that he had warned defendant that he would tell the authorities all that he knew if he was ever questioned about what defendant had told him. Defendant had responded that he could not be prosecuted because the evidence that could convict him had been destroyed.

Doster stated that in September 1990, defendant had told him about a place owned by a millionaire from New York that he planned to “check out.” Doster later heard defendant say that he would murder someone and become rich. On another occasion, defendant told Doster that he and Smith had been to that particular man’s home and had entered the home, taken a few dollars, and left. Doster recalled defendant saying that someone was going to pick him up from the mobile home complex and take him to see the place. Doster also had seen defendant with a .22-caliber rifle a few weeks prior to the murder.

Curtis David Barker testified that he had been an inmate at the Polk County jail and had shared a cell with defendant on 13 and 14 October 1990. Barker asked defendant why he was there, and defendant replied that he had been charged with murder and arson. Defendant explained that he had been found in possession of stolen property. Barker then commented that from what he had heard, defendant could only be charged with receiving stolen goods. Defendant responded, “No, I’m guilty of it all. It was premeditated, we knew what we [were] doing when we were doing it.”

Later, defendant related to Barker that he and Smith had planned to rob a certain person’s mobile home. Defendant explained that he and Smith had been to the mobile home prior to the killing. They had realized that they would need to kill the occupant to carry out the robbery because he never left the residence for long periods of time. Defendant said that he had a .22-caliber rifle and a .25-caliber pistol. On the night of the murder, defendant and Smith watched the mobile home from the woods for a while and then approached the front door. Smith knocked on the door. When the occupant answered, Smith said that he had car trouble and asked to use the telephone. Defendant said that as Smith entered the home, he “turned around and fired two shots into the man.” The victim told them not to kill him, but defendant told Smith to “[g]o ahead and get it over with.” Next, defendant and Smith removed various items of personal property from the mobile home, placed them into the victim’s two vehicles, and drove the vehicles off the property. Defendant and Smith then returned to the mobile home, obtained gasoline from the barn, poured the gasoline on the body and throughout the mobile home, and set the mobile home on fire. On either the 15th or 16th of October, Barker reported to Deputy Sheriff James Carter what defendant had said during their conversation.

On 12 October 1990, Dr. Robert Thompson, a forensic pathologist, performed an autopsy on the victim’s body. Dr. Thompson testified that the body was burned after the victim’s death. He testified that two bullets were found in the victim’s brain. One bullet was consistent with a .25-caliber bullet, and the other was deformed to the extent that the caliber could not be determined. Dr. Thompson opined that Acker had died as a result of the gunshot wounds to the head. *457 Other evidence introduced at trial is discussed at later points in this opinion where it is relevant.

By an assignment of error, defendant contends that the trial court erred in failing to conduct an inquiry into the substance and possible prejudicial impact of a conversation between one or more jurors and two men, one of whom was a defense witness. This issue is not properly before this Court.

The record indicates that during the trial, the trial court was informed that two men had been seen talking to one or more of the jurors. The trial court warned the men that they would be jailed if they did so again. The prosecutor requested that the trial court inquire further into the matter because the prosecutor had seen one of the men talking with defense counsel earlier. The trial court declined to do so.

https://law.justia.com/cases/north-carolina/supreme-court/1995/194a92-0.html

Iziah Barden North Carolina Death Row

Iziah Barden was sentenced to death by the State of North Carolina for robbery murder. According to court documents Iziah Barden would beat to death his coworker Felipe Resendix and robbed. Iziah Barden would be arrested, convicted and sentenced to death.

North Carolina Death Row Inmate List

Iziah Barden 2021 Information

Offender Number:	0491889
Inmate Status:	ACTIVE
Probation/Parole/Post Release Status:	INACTIVE
Gender:	MALE
Race:	BLACK/AFRICAN AMERICAN
Ethnic Group:	AFRICAN
Birth Date:	04/15/1957
Age:	64
Current Location:	CENTRAL PRISON

Iziah Barden More News

Both defendant, Iziah Barden, and the victim, Felipe Resendiz, were employed by Master Casings, a business located in Clinton, North Carolina. Defendant was a machine operator, while the victim was a contract worker who cleaned the equipment in the evenings. The victim’s responsibilities often required that he work until 1:00 or 2:00 a.m., and he would close the business when he left.

Friday, 27 March 1998, was a payday at Master Casings. Around 4:30 that afternoon, the victim cashed his paycheck at a bank, then began work at the plant at 6:00 p.m. He was still on the job when the plant janitor left the building at 10:30 p.m.

The next morning, two workers found the lifeless victim lying face down in the plant. They observed obvious wounds to the back of his head and saw that his back pocket had been pulled inside out. Investigators found a stainless-steel paddle inside a bin near the body. A small amount of blood was on the paddle’s blade. An autopsy revealed that the victim had been struck on the head fourteen times. The evidence indicated that the victim’s assailant used different implements because some injuries were caused by an instrument with a sharp edge, while others were caused by an object with a round striking surface. The victim’s skull had been exposed by the blows and was fractured in several places. The cause of death was determined to be severe blunt-force trauma to the head.

On 5 April 1998, Iziah Barden was questioned by Detective Edward McClain of the Clinton Police Department. Detective McClain went to Master Casings, where defendant was working, and asked to speak with him. The detective identified himself, explained that he was investigating the victim’s death, and asked defendant to accompany him to the police station. He told defendant that he was not under arrest and did not have to come, but stated that he would appreciate defendant’s help. Defendant agreed and drove separately to the police station in his own vehicle. He went to the detective’s office, where the detective reminded defendant that he was not under arrest and did not advise defendant of his rights pursuant to Miranda v. Arizona. Defendant made a statement that was not incriminating.

After Iziah Barden completed this statement, the detective noticed a substance that appeared to be blood on the sole of one of defendant’s shoes. When the detective told defendant that there might be evidence on the shoe and asked if he could examine it, defendant consented and handed over both shoes. The detective seized the shoes after taking a closer look, and defendant was allowed to leave the police station wearing slippers provided by the police. Later analysis of the shoe revealed that the stain was indeed blood and that DNA from the blood matched DNA from the victim.

On 10 April 1998, the manager of a construction company conducted a predemolition inspection of a small building near the Master Casings plant. When he saw a bag that appeared to contain clothing and a billfold, he called the police. Responding officers found that the bag held bloody Master Casing uniform trousers with defendant’s name on the waistband, a billfold containing the victim’s driver’s license, and a sledgehammer. DNA analysis established that the blood on the steel paddle at Master Casings, the blood on the uniform trousers, and the blood found on the sledgehammer all came from the victim.

On 16 April 1998, investigators from the North Carolina State Bureau of Investigation and the Clinton Police Department returned to Master Casings and asked to speak with defendant. As before, defendant was told he was not under arrest and was allowed to drive his own car to the office of the SBI agent. There, the investigators again informed defendant he was not under arrest and did not advise him of his Miranda rights.

Although Iziah Barden at first denied any involvement in the victim’s death, upon further questioning he confessed. He told the investigators that on 27 March 1998 he had been smoking crack cocaine at a house near Master Casings. He knew the victim would be working late, so around 11:00 p.m., he went to the plant to borrow money from the victim. The victim loaned him $20.00, which he used to purchase additional crack cocaine. After smoking that crack, defendant remained unsatisfied, so around 1:00 a.m. on 28 March 1998, he returned to Master Casings to borrow more money from the victim. According to defendant, when he made the request, the victim responded with some words in Spanish that he did not understand, followed by the word “black.” Defendant assumed that the victim had insulted him, but before he could react, the victim slapped him on his left cheek. Defendant said that he then was suffering from a toothache, so the slap had been particularly painful.

As the victim returned to his work, defendant said he saw a small sledgehammer on top of a machine. He picked it up and approached the victim from behind. Defendant said he struck the victim on the back of the head with the hammer three or four times. Defendant said the victim appeared to be trying to reach something, which he thought might be a weapon, in his front pocket. The victim fell, and defendant continued to hit him on the head with the hammer. The victim was still moving slightly and mumbling as defendant removed the victim’s wallet from his back pocket. Defendant said he changed his trousers because they were bloody and took $180.00 from the victim’s wallet. He put his pants, the now-empty wallet, and the sledgehammer in a bag that he left near some railroad tracks. After defendant completed this statement, the investigators allowed him to depart. He was arrested approximately two hours later.

https://caselaw.findlaw.com/nc-supreme-court/1319191.html

Andre Fletcher North Carolina Death Row

Andre Fletcher was sentenced to death by the State of North Carolina for the robbery and murder of an 83 year old woman. According to court documents Andre Fletcher would break into the home of Georgia Ann Dayberry Hamrick and the elderly woman would be beaten and stabbed to death. Andre Fletcher would rob the home before fleeing. Andre Fletcher was arrested, convicted and sentenced to death

North Carolina Death Row Inmate List

Andre Fletcher 2021 Information

Offender Number:	0130628
Inmate Status:	ACTIVE
Probation/Parole/Post Release Status:	INACTIVE
Gender:	MALE
Race:	BLACK/AFRICAN AMERICAN
Ethnic Group:	AFRICAN
Birth Date:	12/29/1973
Age:	47
Current Location:	CENTRAL PRISON

Andre Fletcher More News

On 17 August 1994 Georgia Ann Dayberry Hamrick (“victim”), eighty-three, was battered and knifed to death in her home in Spindale, Rutherford County, North Carolina. The State’s evidence tended to show that defendant broke into the victim’s home, beat her to find out where her valuables were, and then cut her throat. He took several rings, two of which he sold over the next couple of days for $250.00 and $60.00.

In the early morning hours of Wednesday, 17 August, during a summer rainstorm, defendant pulled out the top corner of the front storm door of the victim’s house, breaking the pane of glass, and kicked in the wooden door to get inside. Defendant awakened the victim and, taking her into the various rooms of her house, battered her over the head to force her to give him money and jewelry. Blood drops stained the dining room table and floor, and blood spatter stained the dining room curtains and walls. The kitchen cabinets and walls also bore blood spatter, and a large amount of blood was pooled on the kitchen floor and table. The victim attempted to defend herself against the blows but was overpowered. Defendant then cut the victim’s throat with a kitchen knife, exposing and lacerating the jugular vein, and left the house. The victim, still alive, was able to move down the hall to her bedroom, where she collapsed in a chair and died.

Searches of defendant’s house, located about two hundred yards from the victim’s house, produced from defendant’s closet a pair of wet Fila tennis shoes whose soles were consistent with shoe prints, in both dust and blood, found in the victim’s house and on her front door. A pawn ticket for $60.00, dated Thursday, 18 August, was found in the purse of defendant’s girlfriend, Lisa Hill. The ticket was for a diamond and sapphire ring that the victim’s family members testified had belonged to the victim. A second of the victim’s rings was found behind the television in defendant’s house. A search of defendant’s car produced a small silver sewing kit that had belonged to the victim.

Upon interrogation, defendant revealed that in the early morning hours of 17 August, he remembered waking up in his house and sitting and looking at ten or twelve rings, not knowing where they came from. He also said that, at that time, he could see in his mind a white woman with a knife, as if he were having some type of vision. He told the police that he was scared because he did not know where the rings came from. He also told the police that on 18 August he and Hill sold one of the rings to a jewelry store and pawned another at a pawn shop. The police recovered these two rings, and the victim’s family members testified that they had belonged to the victim. As for the rest of the rings, defendant said he put some of them in a trash can in a convenience store restroom and some more in a gutter behind a shop in town. The police recovered six rings from the restroom and three more from the gutter where defendant had indicated. Police confirmed that all the rings belonged to the victim.

Defendant presented evidence that despite his possession of the victim’s rings there was not enough evidence linking defendant to the burglary and murder; he also presented evidence that the crimes were committed by a person who was seen around the time of the crimes by various eyewitnesses and whom the police never found. Defendant’s clothes and shoes, seized from his home, did not produce any evidence of microscopic glass fragments expected to be left from the breaking of the glass in the front storm door, nor did the clothes or shoes test positive for human blood. None of the fingerprints and palm prints found in the victim’s home matched defendant’s. The Fila shoe prints found in the victim’s home, while not inconsistent with a pair of Filas owned by defendant, did not reveal any of the characteristic nicks and cuts present on defendant’s shoes.

A witness who lived in the victim’s neighborhood testified that during the storm on the night of the murder she saw a man in a yellow raincoat walk by her house in the direction of the victim’s house and that a short time later she heard some loud “pops” coming from that direction. She testified that the man’s appearance was not consistent with that of defendant. Another witness testified that she saw a man in the neighborhood who was wearing a yellow raincoat, acting very suspiciously and driving a white Grand Am. She also testified that the man’s face and general appearance were inconsistent with defendant’s appearance.

In short, defendant’s argument at trial was that no conclusive blood, hair, fiber, or glass evidence was found on defendant’s clothes, in his car, or in his house; and no evidence was presented by the State regarding the identity of the man in the yellow raincoat.

https://caselaw.findlaw.com/nc-supreme-court/1393064.html

Terry Hyatt North Carolina Death Row

Terry Hyatt was sentenced to death by the State of North Carolina for sexual assault and murder. According to court documents Terry Hyatt would kidnap Harriett Delaney Simmons and she would be sexually assaulted and murdered. Terry Hyatt was arrested, convicted and sentenced to death

North Carolina Death Row Inmate List

Terry Hyatt 2021 Information

Offender Number:	0199877
Inmate Status:	ACTIVE
Probation/Parole/Post Release Status:	INACTIVE
Gender:	MALE
Race:	WHITE
Ethnic Group:	EUROPEAN/N.AM./AUSTR
Birth Date:	03/28/1957
Age:	64
Current Location:	CENTRAL PRISON

Terry Hyatt More News

Terry Alvin Hyatt (defendant) was indicted on 3 May 1999 for the first-degree kidnapping, robbery with a dangerous weapon, first-degree rape, and first-degree murder of Harriett Delaney Simmons occurring on or about 15 April 1979 and for the first-degree kidnapping, robbery with a dangerous weapon, first-degree rape, and first-degree murder of Betty Sue McConnell occurring on or about 25 August 1979. Defendant was tried capitally at the 10 January 2000 session of Superior Court, Buncombe County. The jury returned verdicts of guilty for each charge, with the first-degree murder verdicts based on malice, premeditation, and deliberation and under the felony murder rule. At the conclusion of the capital sentencing proceeding, the jury recommended a sentence of death for the murder of Simmons and a sentence of death for the murder of McConnell, and the trial court entered judgment in accordance with these recommendations. The trial court also sentenced defendant to six consecutive terms of life imprisonment for the noncapital felony convictions.

The state’s evidence presented at trial, as relevant to defendant’s assignments of error, tended to show the following: At 1:00 a.m. on 14 April 1979, Simmons left her job in Raleigh and started driving to Nashville, Tennessee, to visit a friend. Simmons told her family that she expected to arrive in Nashville by 7:00 or 8:00 a.m. When she had not called by 10:30 a.m. the next day, her family called the residence of Simmons’ friend in Tennessee and discovered that she had never arrived. They then notified the police that Simmons was missing.

On 20 April 1979, Ronald Wayne Dement, a family friend, decided to drive along the route he believed Simmons would have driven to Nashville. Dement found Simmons’ car at a rest stop on Interstate 40 west of Statesville and observed that her suitcase and thermos were inside the car but that her keys and purse were missing. Following a search, Simmons could not be located in the area around the rest stop.

Almost one year after Simmons disappeared, the Buncombe County Sheriff’s Department received a report that a skull and skeleton were spotted in a wooded area at the edge of the Pisgah National Forest near Highway 151 in Candler, North Carolina. A search of the area produced bones, clothing, jewelry, a set of car keys, other personal effects, and a short segment of silver duct tape. The personal items found were identified as belonging to Simmons. Billy Matthews, State Bureau of Investigation (SBI) Special Agent, matched the keys recovered at the scene to the number on the sales order made out to Simmons at the Toyota dealership where she purchased her car. Using dental records, the remains were positively identified as those of Simmons. An autopsy and examination of the skeletal remains revealed that death was caused by multiple stab wounds to the left chest made with a knife or knife-like object that would have penetrated the heart, lungs, or other vital organs.

The state’s evidence regarding the McConnell case tended to show that around 11:30 p.m. on 24 August 1979, McConnell telephoned her mother from work to let her know she was meeting a friend at a local bowling alley in Asheville. During the early morning hours of 25 August 1979, Don and Sue Helms looked out the window of their home along the French Broad River in Asheville and saw a woman later identified as McConnell lying in a driveway. The woman had multiple stab wounds to her chest, extending from below her neck to her stomach.

When she was discovered by the Helmses, McConnell’s body was soaking wet, her chest was covered with blood, her skin was very white, and she was gasping for air. Before she died, McConnell made two statements to the Helmses: “I was stabbed and thrown into the river,” and “I was picked up at work by two guys.” McConnell’s sunglasses were found on the bank of the river, and law enforcement officers found bloodstains in an area of grass, with a trail of blood leading from the river to the point where McConnell was found in the Helmses’ driveway, approximately fifty feet from the river. McConnell’s car was located upstream, submerged in the river, with a scrape on its side and the driver’s window rolled down. An autopsy showed five stab wounds to McConnell’s left chest. A wound below the collarbone went through the upper lobe of the lung and perforated the pulmonary artery, causing McConnell’s death. The autopsy also revealed the presence of a cloudy material in the vaginal vault, later identified as sperm, which was collected with other rape kit evidence and sent to the SBI lab on 31 August 1979.

On 13 August 1998, Jerry Harmon visited Captain Pat Hefner at the Buncombe County Sheriff’s Department. Harmon, who was intoxicated at the time and was a self-proclaimed heavy drinker, informed Captain Hefner that he had information that he wanted to get off his mind. Harmon described to officers the rape and murder of McConnell by defendant. Harmon related that on 24 August 1979, he and defendant “drank all day and-and just rode around and partied.” Sometime between 10:00 p.m. and midnight, as defendant and Harmon were driving, defendant pulled the truck beside a car stopped at a traffic light and gestured obscenely to the woman driving the car next to them. When the woman drove off after the light changed, defendant positioned his truck behind the woman’s car and drove into its back bumper, forcing it off the road.

Defendant ran to the woman’s car, opened the door, pushed the woman into the passenger seat, yelled to Harmon to follow him, and drove off. Harmon followed defendant until he pulled off the road in an isolated wooded area. Defendant exited the car with the woman, holding a knife on her, and took her to the back of the truck Harmon was driving. Defendant told her that they would not hurt her but that they were going to have sex with her and let her go. Defendant proceeded to rape the woman while Harmon watched from outside the truck.

Defendant forced McConnell back into her car and drove to an isolated location adjacent to the French Broad River with Harmon following in the truck. Defendant took McConnell down to the river and out of Harmon’s sight, but Harmon could hear McConnell screaming. Defendant returned to the truck and told Harmon he had stabbed McConnell and thrown her into the river. Harmon followed defendant, who was driving McConnell’s car, to another location upstream, where defendant disposed of the car by driving it into the river.

At the time of Harmon’s meeting with Captain Hefner, Harmon also informed officers that Dean Helms, a mutual friend of defendant and Harmon, knew about the McConnell murder. In October 1998, R. Timothy Shook, an SBI Agent who focused on unsolved murders, and Detective Anne Benjamin of the Buncombe County Sheriff’s Department questioned Helms at his home about the kidnapping. Helms said he was glad to see the officers and had been praying about it. Helms thereafter began describing how he and defendant had kidnapped a woman from a rest area twenty years previously during a drive from Greensboro to Asheville. Agent Shook recognized the details of this account as being very similar to the unsolved murder of Simmons.

At trial, Helms testified that while he and defendant were returning from a beach trip in 1979, they encountered a woman with car trouble at a rest stop. Defendant told the woman they could help by driving her to get a part that would fix her car. Helms testified that the woman got into their van, but later stated that defendant “took her unwillingly.” They drove up a mountain outside of Candler, North Carolina, and stopped on a dirt road, where defendant had sex with the woman in the back of the van. Helms testified that defendant did not rape the woman because “she was willing” but that she was scared of both of them because defendant was carrying a knife.

Defendant then took the woman into the woods while Helms remained in the van. Helms heard the woman screaming. After approximately thirty minutes, Helms saw defendant emerge from the woods alone, with blood on the bottom of his shirt. Defendant told Helms that the woman had “took off walking.” The two men drove back down the mountain and threw the woman’s purse out as they drove.

Defendant presented no evidence during the guilt phase of the trial. Additional facts are provided as necessary below in addressing defendant’s arguments.

https://caselaw.findlaw.com/nc-supreme-court/1319803.html