STATE OF NORTH CAROLINA
v
.
Robeson County
No. 95 CRS 005117
95 CRS 005118
ROSCOE GOINS
Attorney General Roy Cooper, by Special Deputy Attorney
General James Peeler Smith, for the State.
Carlton M. Mansfield for defendant-appellant.
McGEE, Judge.
Roscoe Goins (defendant) was convicted by a jury of two counts
of first degree murder on 24 February 2000. He was sentenced to
two terms of life imprisonment without parole. The evidence
presented by the State tended to show that defendant had been in a
relationship with Barbara Deese (Deese), and the two had lived
together for at least four years up until a few days before the
death of Deese on 19 March 1995. The couple had one child
together. The two fought regularly, both verbally and physically.
Deese had planned to leave defendant because of the way defendant
treated her and because he threatened to kill her.
On the evening of her death, Deese had been riding around with
her sister, a friend, and two men. One of the men was James RobertOwens (Owens). The State offered testimony from Deese's sister and
a neighbor that defendant was angry and was looking for Deese
during the evening. Defendant saw Deese and Owens in a car
together at the apartment defendant and Deese had shared. He
became angry and threatened to kill them. Eventually, Deese and
Owens rode around alone. The two went to a convenience store,
where they were seen by defendant. Defendant pulled his car behind
the car Owens was driving. Defendant approached the car, shot both
Owens and Deese, and left.
Defendant testified that he recognized Deese sitting in a car
at a convenience store. Defendant stated he tried to get Deese to
come home so they could talk about things. Defendant stated he did
not know Owens, but that Owens threatened to kill him. Defendant
saw Owens fumbling around in the console of Owen's car, and
defendant thought Owens was reaching for a gun. Defendant grabbed
his rifle and fired two shots at Owens. One bullet hit Owens, and
the other bullet hit Deese. Defendant left to call the police. He
then threw his rifle into a river.
Defendant argues the trial court erred in denying his motion
to dismiss the charges against him due to insufficiency of the
evidence. Defendant specifically contends the State did not
introduce evidence of premeditation and deliberation. We disagree.
Before ruling on a motion to dismiss, the trial court "must
determine only whether there is substantial evidence of each
essential element of the offense charged and of the defendant being
the perpetrator of the offense." State v. Crawford, 344 N.C. 65,73, 472 S.E.2d 920, 925 (1996). "Evidence is substantial if it is
relevant and adequate to convince a reasonable mind to accept a
conclusion." State v. Parker, 354 N.C. 268, 278, 553 S.E.2d 885,
894 (2001). "In determining whether there is evidence sufficient
for a case to go to the jury, the court must consider the evidence
in the light most favorable to the State, and the State is entitled
to every reasonable inference to be drawn from the evidence."
State v. Neal, 109 N.C. App. 684, 686, 428 S.E.2d 287, 289 (1993).
Defendant argues the State did not present evidence of
deliberation and premeditation. Furthermore, defendant argues he
established through his own testimony that he acted in self
defense. Defendant testified he thought he saw Owens fumbling for
a weapon, and defendant shot Owens first. Defendant testified
Deese was accidently struck by a bullet.
However, there was evidence in the record from which a
reasonable juror could conclude defendant acted with premeditation.
The State offered testimony that Deese was leaving defendant
because defendant had threatened to kill her. The State also
offered testimony that earlier in the evening defendant was angry
and was looking for Deese. Evidence was presented that indicated
defendant saw Deese and Owens in a car together earlier that night
at the apartment; he became angry and threatened to kill them.
There was evidence that defendant was driving around that night
with a rifle and ammunition, and that after the murder occurred,
defendant threw the rifle into a river. The State offered evidence
that defendant initiated the confrontation by pulling up behindOwens' car and preventing Owens' exit. We stress the "trial court
must resolve any contradictions in the evidence in the State's
favor. The trial court does not weigh the evidence, consider
evidence unfavorable to the State, or determine any witness'
credibility." Parker, 354 N.C. at 278, 553 S.E.2d at 894
(citations omitted). As a result, we conclude there was
substantial evidence before the trial court for the trial court to
deny defendant's motion to dismiss and to submit the charges of
first degree murder to the jury.
No error.
Judges McCULLOUGH and BRYANT concur.
Report per Rule 30(e).
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