All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Car olina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be consid ered authoritative.

1.    Jury_-selection_-capital trial_-request for individual voir dire

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by denying defendant's request for individual voir dire pursuant to N.C.G.S. § 15A-1214(j) during jury selection based on pretrial publicity, because: (1) defendant failed to support his original motion for individual voir dire with any facts or allegations concerning pretrial publicity; (2) a prospective juror's comment during collective voir dire stating that she thought the case was a tragedy did not unduly taint other prospective jurors in the panel; and (3) defendant failed to carry his burden of showing any particular harm resulting from the denial of his motion.

2.    Jury_-selection-_capital trial_peremptory challenges_-racial discrimination

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by allowing the State to exercise its peremptory challenges against four African-American prospective jurors even though defendant contends the challenges were used in a racially discriminatory manner, because: (1) defendant failed to make a prima facie showing that the State exercised a peremptory challenge on the basis of race regarding two of the jurors when defendant and both of the victims were African-American, several of the State's key witnesses were African-American, the record does not reveal any comments or conduct by the State that would lead to an inference of discrimination, and the two jurors expressed serious reservations about imposing the death penalty; (2) the State offered race-neutral reasons for its challenge of another prospective juror including the juror's equivocal answers regarding the death penalty and the State's lack of confidence that deliberations would be fair to both sides; and (3) the State's acceptance rate of fifty percent of African- American jurors tends to refute a prima facie showing of discrimination.

3.    Jury_selection_-capital trial_challenge for cause_death penalty views_rehabilitation

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by allowing the State's challenge for cause of a prospective juror who stated on voir dire that he was not sure he could fairly consider both life imprisonment without parole and the death penalty, and by denying defendant's request to rehabilitate the juror, because: (1) the juror stated he had strong reservations about the death penalty and that he questioned his ability to impose punishment fairly; (2) the juror left the trial judge with the impression that the juror would be unable to faithfully and impartially follow the law in the guilt-innocence phase of the trial; and (3) defendant has failed to show how further questioning would have illuminated or changed the juror's answers.

4.    Criminal Law-_courtroom bailiff also witness for State-_motion for mistrial

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by denying defendant's motion for a mistrial after the trial judge discovered that one of the witnesses for the State was serving as a courtroom bailiff, because: (1) the witness was positioned at the back door of the courtroom for several days, and his duties included opening the doors to the courtroom as needed; (2) the witness had no direct contact or communication with the jury; (3) the trial court relieved the witness of his duties as bailiff for the remainder of the trial once it was alerted to the witness's dual role; (4) mere presence in the courtroom is not sufficient to establish that the bailiff had custody of the jury; and (5) the likelihood that the outcome of the trial would have been different had the witness not served as bailiff is negligible.

5.    Evidence_-limitation on ability to show self-defense-_gratuitous self-defense instruction

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by excluding the testimony of two psychiatrists tending to show defendant's perception of the need to use deadly force to defend himself because: (1) there was no evidence to support a finding that defendant formed a belief that it was necessary to kill either his wife or the chief of police to protect defendant from death or serious harm; (2) defendant is not entitled to argue self-defense while still insisting that he did not fire a gun at anyone and that he did not intend to shoot anyone; (3) expert testimony was irrelevant since defendant's own testimony showed that he did not believe it was necessary to use deadly force against any individuals to protect himself;and (4) the self-defense ins truction defendant received in this case was a benefit to which he was not entitled, and defendant was not allowed to present additional evidence in support of a defense not warranted by the evidence.

6.    Evidence-_prior crime or bad acts of victim-_embezzlement from employer--motion in limine

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by allegedly granting the State's motion in limine prohibiting defendant from introducing evidence concerning embezzlement by one of the victims from her employer, because: (1) there is nothing in the record to show that the trial court ever granted the State's motion in limine when the trial court merely postponed ruling until defendant indicated he was interested in entering into that line of inquiry; and (2) defendant never indicated he wanted to ask these questions, and he told the trial court he was not attempting to inquire about the alleged embezzlement.

7.    Evidence_-hearsay_-excited utterance-_state of mind exception

    The trial court did not abuse its discretion in a double capital first-degree murder prosecution by allowing statements of the victim wife through the victim's mother that the victim told her stepfather that defendant had a gun and said he was going to kill her, and that the victim told her mother that defendant said on the day of the killing that he did not want anyone else at the house when he came to pick up his clothes but the victim was going to have the police serve defendant with a warrant when he came to her house, because: (1) the first statement falls under the N.C.G.S. §8C-1, Rule 803(2) excited utterance exception since it was made under stress caused by defendant who at that time was allegedly threatening the victim in the back of the witness's car, and the statement was made spontaneously without time for reflection; and (2) the statements concerning defendant coming to the house falls under the N.C.G.S. §8C-1, Rule 803(3) state of mind exception to show the sequence of events on the day of the killings and to illustrate the victim's then-existing intent to protect herself by calling the police and having defendant served with the warrant.

8.    Homicide-_first-degree murder_-premeditation and deliberation-_sufficiency of evidence

    The trial court did not abuse its discretion by denying defendant's motion to dismiss the two first-degree murder charges even though defendant contends there was insufficient evidence of premeditation and deliberation, because the State presented evidence that: (1) defendant and his wife victim had been having marital difficulties near the time of the killings; (2) the wife told her parents that defendant had choked her on one occasion and had threatened to kill her on another; (3) defendant retrieved his pistol from the pawn shop one day prior to the killings; (4) eyewitnesses saw defendant punch the victim in the mouth on the day of the killing; (5) defendant requested that the victim be alone at her house after the victim asked him to come get his clothes, and defendant brought his gun; (6) defendant shot the chief of police victim in the face as the chief tried to serve defendant with a warrant, and the chief's sidearm was still in its holster when he was shot; (7) the wife ran from defendant as he chased her with his gun and defendant shot her after she tripped and fell onto the floor; and (8) defendant fired at least five shots that day, most of them at close range, and he fled the scene after the killings, disposing of the gun along the way.

9.    Sentencing-_capital_-victim impact statements

    The trial court did not abuse its discretion in a double capital first-degree murder sentencing proceeding by allowing the State to present a victim impact statement under N.C.G.S. § 15A-833(a)(1), because: (1) the statements of the victim wife's mother concerning the impact of her daughter's death on her family properly related the extent of the psychological and emotional injury caused by defendant without being unduly prejudicial; (2) there was no evidence in the record showing the jury was swayed to base its decision solely on the mother's statements; and (3) none of the aggravating circumstances submitted to the jury derived from the victim impact evidence, and the State did not ask the jury to base its decision on this evidence.

10.    Sentencing-_capital_defendant's death--family impact evidence

    The trial court did not abuse its discretion in a double capital first-degree murder sentencing proceeding by denying defendant's request to present family impact evidence, because: (1) the voir dire testimony of defendant's sister-in-law as to the stress and sickness in her family since the time of the killing did not go to any aspect of defendant's character, record, or circumstance of the offense; and (2) the statements did not reduce defendant's moral culpability.
11.    Sentencing_-capital_-prosecutor's argument-_defendant's possible future conduct-_defendant's courtroom demeanor

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to intervene ex mero motu during the State's closing arguments referencing defendant's possible future conduct and defendant's courtroom demeanor, because: (1) the State's comment on the possibility of defendant's future dangerousness to prison staff and inmates was appropriate; (2) the State engaged in permissible argument when it asked the jury to recommend death specifically to deter defendant from committing another murder; and (3) the State acted within the bounds of propriety when it characterized defendant as seeming bored with the courtroom proceedings, and the State's remarks pertaining to defendant's courtroom conduct were permissible since his demeanor was before the jury at all times.

12.    Sentencing_-capital_-prosecutor's argument-_jury as voice of community_-victim impact statements

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to intervene ex mero motu during the State's closing arguments referencing the jury as the voice of the community and using victim impact statements, because our Supreme Court has upheld arguments that remind the jury that its verdict will send a message to the community or function as the conscience of the community as long as the State does not encourage the jury to consider public sentiment in its deliberations.

13.    Sentencing_-capital_-prosecutor's argument-_remuneration of defendant's expert witnesses

    The trial court did not err in a double capital first-degree murder sentencing proceeding by allowing the State's closing arguments concerning remuneration of defendant's expert witnesses including the statement that the experts would not get paid unless they said what defendant wanted to hear, because: (1) the argument simply illustrated discrepancies between the diagnoses made by two of defendant's expert witnesses; and (2) the experts' conflicting testimony prompted the State to question their credibility and impartiality.

14.    Sentencing_-capital--aggravating circumstances_-murder committed to avoid lawful arrest

    The trial court did not err in a double capital first-degree murder sentencing proceeding by submitting the N.C.G.S. § 15A-2000(e)(4) aggravating circumstance that the murder of the chief of police victim was committed for the purpose of avoiding or preventing lawful arrest, because: (1) the evidence tends to show that defendant knew the police were looking for him as a result of his assault on his wife; (2) the facts that defendant departed when police responded after the assault, defendant demanded that no police be at the victim wife's trailer when he arrived, and defendant's repeated phone calls to question whether there was anyone else at the trailer before he arrived all tended to show that defendant was attempting to avoid arrest; and (3) when the chief of police victim informed defendant that the chief had a warrant for defendant's arrest, defendant shot him.

15.    Sentencing-_capital--aggravating circumstances_-capital felony committed against law enforcement officer engaged in official duties

    The trial court did not err in a double capital first-degree murder sentencing proceeding by submitting the N.C.G.S. § 15A-2000(e)(8) aggravating circumstance that the capital felony was committed against a law enforcement officer while engaged in the performance of his official duties in the case involving the chief of police victim, because: (1) the evidence established that the chief of police was engaged in his official duties as a law enforcement officer at the time of the killing when he arrived at the victim wife's trailer in uniform with a warrant for defendant's arrest; and (2) defendant himself testified that the chief told defendant that he was serving a warrant for defendant's arrest.

16.    Sentencing-_capital--aggravating circumstances_-murder committed to avoid lawful arrest-- capital felony committed against law enforcement officer engaged in official duties

    The trial court did not err in a double capital first-degree murder sentencing proceeding by submitting both the N.C.G.S. § 15A-2000(e)(4) aggravating circumstance that the murder of the chief of police victim was committed for the purpose of avoiding or preventing lawful arrest and the N.C.G.S. § 15A-2000(e)(8) aggravating circumstance that the capital felony was committed against a law enforcement officer while engaged in the performance of his official duties in the case involving the chief of police victim even though defendant contends the two aggravating circumstances allegedly rely on the same evidence, because: (1)submission of both the (e)(4) and (e) (8) aggravating circumstances in a single case address different aspects of the crime; (2) the (e)(4) circumstance was submitted in this case to show that one of defendant's motivations in shooting the chief of police victim was to avoid arrest for the previous assault of defendant's wife, which addressed defendant's subjective motivation for the killing; and (3) the (e)(8) circumstance was submitted in this case to show that the chief of police was performing an official duty when he responded to the call from defendant's wife, which addressed the factual basis of defendant's crime.

17.    Sentencing-_capital--aggravating circumstances_-murder part of a course of conduct

    The trial court did not err in a double capital first-degree murder sentencing proceeding by submitting the N.C.G.S. § 15A-2000(e)(11) aggravating circumstance that the murder was part of a course of conduct including the commission by defendant of other crimes of violence, because: (1) evidence that a defendant killed more than one victim is sufficient to support this aggravating circumstance, and the evidence in this case reveals that the two killings were committed within moments of each other, within feet of each other, and with the same weapon; and (2) a different result would not have been probable even if the trial court had explicitly specified the evidence which the jurors were to consider.

18.    Sentencing-_capital--mitigating circumstances_-no significant history of prior criminal activity

    The trial court did not err in a double capital first-degree murder sentencing proceeding by its instruction on the N.C.G.S. § 15A-2000(f)(1) mitigating circumstance that defendant has no significant history of prior criminal activity when the trial court added the additional phrase “before the date of the murder,” because: (1) the additional language was a correct statement of the law since the (f)(1) circumstance applies only to criminal activity occurring before the murder for which a defendant is being tried; (2) the instruction revealed that the jurors were not permitted to refuse to give this circumstance mitigating value if they found it to exist; and (3) the trial court did not convert the statutory mitigating circumstance into a nonstatutory mitigating one simply by adding clarifying language.

19.    Sentencing-_capital--mitigating circumstances_-defendant acted under duress or domination of another person

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to submit the N.C.G.S. § 15A-2000(f)(5) mitigating circumstance that defendant acted under duress or the domination of another person, because although the evidence viewed in the light most favorable to defendant tends to show that the victim wife induced defendant to come to the trailer so that defendant could be arrested and that defendant may be susceptible to pressure from her generally, there is no evidence showing that the wife's actions pressured defendant into using deadly force against her or the chief of police victim through duress or dominance.

20.    Sentencing-_capital--nonstatutory mitigating circumstances_-limitations on defendant's intellectual functioning

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to submit defendant's requested nonstatutory mitigating circumstance that defendant had limitations on his intellectual functioning, because the mitigating circumstance was subsumed in the circumstances already submitted to the jury.

21.    Sentencing-_capital--mitigating circumstances_-peremptory instruction

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to give a peremptory instruction on four statutory mitigating circumstances including the N.C.G.S. § 15A-2000(f)(1) mitigator of no significant prior criminal history, the N.C.G.S. § 15A-2000(f)(2) mitigator that the capital felony was committed while defendant was under the influence of mental or emotional disturbance, the N.C.G.S. § 15A-2000(f)(6) mitigator that the impaired capacity of defendant made him unable to appreciate the criminality of his conduct or to conform his conduct to the requirements of law, and the N.C.G.S. § 15A-2000(f)(7) mitigator concerning the age of defendant at the time of the crime, because: (1) the State presented evidence that defendant had an earlier conviction for assault on a female, that defendant choked his wife, defendant hit his wife in the mouth, and defendant threatened to kill his wife on various occasions; (2) an expert testified that while she found defendant had borderline intellectual functioning, she did not believe he suffered from a psychotic disorder and cross-examination of another expert revealed weaknesses in his diagnosis of defendant ashaving psychological problem s; and (3) defendant's mental age was by no means established by a consensus of experts.

22.    Sentencing-_capital-_nonstatutory mitigating circumstances_-peremptory instruction

    The trial court did not err in a double capital first-degree murder sentencing proceeding by failing to give a peremptory instruction for each nonstatutory mitigating circumstance, because: (1) defendant did not submit his request for a particular instruction on the nonstatutory mitigating circumstances in writing, but merely asked the trial court to give something similar to pattern jury instruction 150.11; (2) defendant failed to specifically address each mitigating circumstance when he requested a peremptory instruction for the nonstatutory mitigating circumstances; and (3) defendant has made no argument that the evidence supporting the nonstatutory mitigating circumstances was uncontroverted or credible.

23.    Sentencing_-capital-_mitigating circumstances--jury instruction

    The trial court did not commit plain error in a double capital first-degree murder sentencing proceeding by failing to fully and completely instruct the jury regarding the mitigating circumstances submitted in the case involving the chief of police victim, because: (1) the trial court is not required to repeat a definition each time a word or term is repeated in the charge when it has once been defined; (2) no expression of opinion arises merely from the comparative amount of time devoted to giving an instruction; (3) defendant has failed to carry his burden of showing that he was prejudiced by the trial court's decision not to repeat the explanations of each mitigating circumstance when the jury was fully and carefully instructed regarding its consideration of mitigating circumstances; (4) the trial court expressly instructed the jury that it should consider each mitigating circumstance in reference to the death of the chief of police and that it should consider the law as the trial court had previously explained it as to those circumstances; and (5) the trial court merely avoided unnecessary repetition of information already given.

24.    Sentencing-_capital-_oral instructions-_consideration of nonstatutory mitigating circumstances in relation to statutory catchall

    The trial court did not commit plain error in a double capital first-degree murder sentencing proceeding by its oral instructions to the jury for consideration of nonstatutory mitigating circumstances in relation to the statutory catchall circumstance, because: (1) defendant has produced no evidence to show that the jury's treatment of the catchall mitigator resulted from jury confusion; and (2) viewed in their entirety and within the context they were given, the trial court's instructions as to the catchall mitigator presented the law fairly and clearly.

25.    Sentencing_-capital_-mitigating circumstances--wording of catchall mitigator on punishment form

    The trial court did not commit plain error in a double capital first-degree murder sentencing proceeding by its wording of the catchall mitigating circumstance under N.C.G.S. § 15A-2000(f)(9) on the punishment forms which omitted the final phrase “one or more of us finds this circumstance to exist,” because: (1) the failure of any juror to find such a circumstance based on his own personal review of the evidence does not necessarily mean the jurors misunderstood or misapplied the instruction; and (2) there was no reasonable probability that the omission of the phrase had any impact on the jurors' failure to find the catchall circumstance or on the verdict given the trial court's oral instructions and the language on the forms.

26.    Constitutional Law-_right to present own theory of case--impeachment of defendant as witness-- proof of an unrelated crime_instruction on limited purpose

    The trial court did not violate defendant's sixth amendment constitutional right to develop and present his own theory of the case free from outside interference in a double capital first-degree murder trial by granting the State's motion to submit North Carolina pattern jury instruction 105.40 concerning impeachment of defendant as a witness by proof of an unrelated crime, because: (1) the record contains no evidence that this instruction interfered with defendant's right to develop and present his own theory of the case; and (2) the prosecution was free to argue defendant's conviction to the jury for purposes of impeaching his testimony since it had properly elicited evidence of the conviction on previous cross-examination and therefore the prior conviction was already subject to the jury's consideration.

27.    Homicide_first-degree murder_self-defense_pattern jury instruction
    The trial court did not err in a double capital first-degree murder trial by denying defendant's request to substitute language in North Carolina pattern jury instruction 206.10 on self-defense to use the phrase “to kill the victim” instead of “to use deadly force against the victim,” because: (1) defendant's evidence did not support a self-defense instruction at all; and (2) defendant presented no evidence to show that his use of deadly force was intended only to disable, and not to kill, his two victims.

28.    Sentencing_-death penalty_-not disproportionate

    The trial court did not err in a double capital first-degree murder trial by sentencing defendant to the death penalty, because: (1) defendant was convicted of two counts of first-degree murder on the basis of malice, premeditation, and deliberation; (2) defendant deliberately murdered a law enforcement officer for the purpose of evading lawful arrest; (3) the Supreme Court has never found a death sentence disproportionate in a case where the jury has found a defendant guilty of murdering more than one victim; (4) the jury found the course of conduct aggravating circumstance under N.C.G.S. § 15A-2000(e)(11), which standing alone is sufficient to support a sentence of death; and (5) defendant murdered his wife in their home.

    Appeal as of right pursuant to N.C.G.S. § 7A-27(a) from judgments imposing two sentences of death entered by Ragan, J., on 18 November 1999 in Superior Court, Wilson County, upon jury verdicts finding defendant guilty of two counts of first-degree murder. Heard in the Supreme Court 14 May 2001.
    Roy Cooper, Attorney General, by Ralf F. Haskell, Special Deputy Attorney General, for the State.

    Thomas R. Sallenger for defendant-appellant.

    MARTIN, Justice.

    On 11 September 1997 Abner Ray Nicholson (defendant) was indicted for the first-degree murders of his wife, Gloria Brown Nicholson (Mrs. Nicholson), and the Sharpsburg Police Department Chief of Police, Willard Wayne Hathaway (Chief Hathaway). Defendant was also indicted for the attempted first-degree murder of Mrs. Nicholson's stepfather, Marvin Roscoe Badger (Badger). Defendant was tried capitally at the 25 October 1999 Criminal Session of Superior Court, Wilson County. The jury found defendant guilty of each count of first-degree murder and not guilty of attempted first-degree murder. Following a capital sentencing proceeding, the jury recommended a sentence of death
for each first-degree murder conviction, and the trial court entered judgment in accordance with those recommendations.
    The state presented evidence at defendant's trial which is summarizedas follows. Defendant and Mrs. Nicholson lived in a trailer on Weaver Circle in Sharpsburg, North Carolina, along with Mrs. Nicholson's two daughters, ages three and eight. One of the Nicholsons' neighbors, Emily McKenzie (McKenzie), first became aware the Nicholsons were having marital problems on 15 July 1997. On that day, Mrs. Nicholson went to McKenzie's house with her children and asked to use McKenzie's telephone. Mrs. Nicholson looked upset and explained that she and defendant had argued, and that she and the children were going to her mother's house. McKenzie talked to the children and noticed they seemed very distant, as if they had been through a difficult experience.
    On 16 July 1997, defendant visited the Hardly Able Pawn and Gun Shop in Sharpsburg. There, he retrieved a Bauer .25-caliber automatic pistol with a pearl handle that he had pawned in early June of that year. Later that day, defendant and Mrs. Nicholson went to the Badgers' house to speak to Mrs. Nicholson's mother and stepfather about the state of their relationship. Mrs. Nicholson told her parents she did not want to be married anymore. Defendant said that he wanted to work things out but that his wife did not. Mrs. Nicholson asked her husband to tell her parents what he had done. When defendant said he had not done anything, Mrs. Nicholson got up and demonstrated how he had attempted to choke her in April of that year. Mrs. Badger told defendant she did not want her daughter to be with him any more.
    On the evening of 16 July 1997, the Nicholsons and the Badgers took Mrs. Nicholson's youngest daughter to the emergency room because she had a fever. The Nicholsons rode together in the backseat of Mr. Badger's van. During the trip to the hospital, defendant could be heard whispering to Mrs. Nicholson. At one point, Mrs. Nicholson said, “No. No. No. I ain't gonna (sic) do it. I don't want that.” After more whispering, Mrs. Nicholson told her stepfather that defendant had threatened to kill her and had told her he was carrying a gun. Defendant then said, “No, Ididn't. I was lying. I ain't got no gun.” When they ar rived at the hospital, defendant did not go inside with the rest of the family and could not be located when they were ready to go home.
    After leaving the hospital, Mrs. Nicholson and the Badgers drove to the Nicholsons' trailer so Mrs. Nicholson could get some clothes. Mr. Badger walked inside with her to use the bathroom. They found defendant inside, lying on the couch. Mr. Badger then went into the bathroom. Mrs. Badger, who was sitting in the van, heard Mrs. Nicholson call her from the front doorway. As Mrs. Badger walked towards the trailer, defendant came out and punched Mrs. Nicholson in the face with his fist. Her nose started to bleed. Mr. Badger heard his stepdaughter “holler,” and when he came out of the bathroom, she told him defendant had hit her. Defendant claimed Mrs. Nicholson had been hit by the door.
    Mrs. Nicholson called the police, and defendant began walking down the road away from the trailer. Deputy Moss (Moss) of the Sharpsburg Police Department responded to the trailer after receiving a dispatch for a “domestic in progress,” “Signal One, armed and dangerous.” When Moss arrived, defendant ran into a nearby cornfield, and Moss called for backup. It was now shortly after midnight. Mrs. Nicholson was very upset and told Moss that defendant had punched her, causing the bleeding, and had threatened to kill her if she ever left him. She also said that defendant was armed and that he had pawned his weapon but must have retrieved it. Moss advised her to take her mother and stepfather with her as witnesses to the magistrate's office and swear out a warrant for defendant's arrest, which she did. Before they left, Mr. Badger blocked the back door of the trailer with a couch from the living room so defendant could not get in by that route. Moss stayed at the trailer until about 4:30 a.m. to see if defendant would return to get his car, but he did not. Mrs. Nicholson spent the night at her parents' house.
    On the morning of 17 July 1997, Moss informed Chief Hathaway of theincident and told him that a warrant had be en sworn out for defendant's arrest. Mrs. Nicholson returned to her trailer around 10:30 a.m. to get some clothes. Her stepfather and her fifteen-year-old brother, Jarrin Brown (Brown), went with her. Her stepfather was unarmed. While there, Mrs. Nicholson called defendant's sister in an attempt to get in touch with defendant. Defendant called her back shortly thereafter, and Mrs. Nicholson asked him to come over and get his clothes. Defendant agreed but said he did not want anyone else to be at the trailer when he arrived.
    Mrs. Nicholson then called the police and asked if an officer could leave his car at the station and walk to her trailer. The Assistant Town Clerk answered and told Mrs. Nicholson that her request was against department policy. Chief Hathaway, the only officer on duty, called Mrs. Nicholson back and talked with her further. He explained that he could not leave his car but that he could come over and serve the warrant on defendant. He told Mrs. Nicholson to call him back before she let defendant into the trailer, and he would come over then. Defendant called Mrs. Nicholson a few minutes later and asked if anyone else was at the trailer. Mrs. Nicholson told him “no.” She then told her stepfather and brother to wait in the back bedroom until the police arrived.
    Defendant arrived at the trailer shortly thereafter and knocked on the door. Mrs. Nicholson stalled by saying she was getting dressed, and called the police. She then let defendant inside the trailer. Mrs. Nicholson was in the kitchen when defendant entered the trailer, and Mr. Badger and Brown heard her telling defendant she wanted him to get his clothes and leave. When defendant said he did not have anything to put his clothes in, Mrs. Nicholson told him to get a trash bag.
    At that point, Chief Hathaway arrived at the trailer in uniform with a piece of paper in his hand. Mrs. Nicholson let him in when he knocked. She then told Mr. Badger and Brown they could come out from the backbedroom. As they walked down the hallway, Chief Hathaway approach ed defendant. Defendant turned, pushed Chief Hathaway away, dropped the trash bag, and shot the Chief in the face. The Chief fell against defendant, and defendant shoved him back. Chief Hathaway's gun was in his holster when he was shot.
    Mr. Badger attempted to open the rear sliding storm door, but before he could open it, defendant chased Mrs. Nicholson past him. As Mr. Badger opened the door and got outside, he heard more shooting. At the same time, Brown turned and started towards the back bedroom. As he did so, he saw his sister lying on the floor near the front door. He watched defendant walk over to her, lean down, and shoot her. Brown ran to the back bedroom and waited there until he heard defendant leave the trailer. He then ran out of the trailer and saw defendant walking towards the cornfield.
    Brown went back inside the trailer, saw that his sister was not moving, and saw that Chief Hathaway was still breathing. He grabbed the Chief's radio and attempted to call for help. Brown took the Chief's gun out of its holster in case defendant returned, and he called 911. When police arrived, Brown put Chief Hathaway's gun on a recliner and went outside to meet them. Police later found the Chief's gun, with the safety still on. There was no evidence it had been fired.
    Defendant was apprehended around 11:45 p.m. that same day. Defendant told a state trooper who assisted in his apprehension that he had dropped the gun in the woods. The gun that defendant had retrieved from the pawnshop was found the next day in a nearby cornfield. It was later determined that all of the bullets collected for evidentiary purposes in this case had been fired from that gun.
    Dr. Thomas Clark, a forensic pathologist in the Office of the Chief Medical Examiner, performed an autopsy on the body of Chief Hathaway. The autopsy revealed that Chief Hathaway died from a gunshot wound to the head. Dr. Clark concluded that the bullet had entered Chief Hathaway's head belowthe right eye, passed through his brain, and lodged on the surface of his brain. The bullet was removed during the autopsy. The wound appeared to have been made from a distance of two feet or greater and would have quickly resulted in unconsciousness and death.
    Dr. Page Hudson, professor of pathology at East Carolina University, performed an autopsy on the body of Mrs. Nicholson. Dr. Hudson determined the cause of Mrs. Nicholson's death to be gunshot wounds to the head. Mrs. Nicholson had two gunshot wounds to the right side of her scalp, one below the fourth finger on her left hand, and one on the wrist of her right hand. Dr. Hudson opined that the wounds were caused by only two or three bullets and that they passed through Mrs. Nicholson's wrist and hand before striking her head. Dr. Hudson recovered two bullets from Mrs. Nicholson's skull.
    Defendant presented evidence at trial as follows. He and Mrs. Nicholson met at Tim's Auto Sales, where they worked together, and were married in January 1997. Defendant stated he suffered from high blood pressure, took medication for it, and had been hospitalized on 4 July 1997 as a result of it. Defendant also said that on 15 July 1997, his wife had taken him to see a “mental health doctor.” He stated that during their marriage, Mrs. Nicholson often hit him, but that he never hit her back. He said she carried a gun in her pocketbook and had threatened him with it before. He also said that she had cut him with a knife several times. Defendant further testified that Mr. Badger had previously threatened him with a gun. Defendant testified that on 16 July 1997, his wife tried to cut him with a knife and called him names while they were driving to her parents' house. When they got to the Badgers' house, she continued to try to cut him. Mrs. Nicholson cut his neck and hand, chased him with the knife, and stopped only when her youngest brother ran to tell Mrs. Badger what was happening.
    Defendant remembered that one of Mrs. Nicholson's children had gottensick on 16 July 1997. He explained that when the family arrived at the hospital, he called his ex-girlfriend, Delores Sledge (Sledge), to come pick him up. Sledge took him to his trailer in order for him to get his clothes and car so he could leave. Defendant was still at the trailer when the family returned from the hospital. He told his wife that he had gone home because he had not taken his medication and was tired and hungry. Defendant testified his wife told her stepfather to take the tags off of defendant's car, told defendant he was not going anywhere, and said he could not get his clothes. As he attempted to leave, defendant said he pushed the screen door out of his wife's hand, and she grabbed the back of his shirt and started hitting him. Defendant told her to stop, and she did, but the screen door sprang back and hit Mrs. Nicholson in the nose, causing it to bleed.
    Defendant testified he then walked off, intending to go to his sister's house and wait to get his clothes until the next day. Defendant said he called a woman named Delores Leach (Leach), who picked him up and let him spend the night at her house. The next morning, Leach drove defendant to his sister's house. Mrs. Nicholson called him there, threatened that she had her gun, and said that he needed to come get his things immediately. He borrowed his sister's car and drove to the trailer. When he knocked on the door, his wife told him to wait until she got dressed. She shortly opened the door, then went to the kitchen to get a trash bag for defendant to put his clothes in. As she walked back towards him, she told defendant not to make her shoot him.
    Next, defendant remembered a police officer walked into the trailer. Mrs. Nicholson said, “Shoot him, shoot him, if you don't I am.” Defendant turned around in a panic and saw the officer walking towards him with his hand on his gun. The officer said he had a warrant for defendant's arrest, hit defendant in the face, and spit in defendant's face. Defendant said at that point he “went blank” and could not see. He heard his wife screaming,the sound of stumbling, and the sound of firing. He t hen saw his wife falling and thought she was reaching for her pocketbook. It appeared to him that Mr. Badger had a gun. Afraid, he fired two shots into the floor of the trailer as he ran outside. Defendant stated that he was not aiming at anyone and did not hit anyone when he fired. He further testified that Mr. Badger had shot Chief Hathaway in the face when he ran out from the back bedroom, and he assumed it was also Mr. Badger who had shot Mrs. Nicholson.
    Two men who had worked with defendant at Tim's Auto Sales testified. Both said defendant was not a violent person and that they had seen Mrs. Nicholson hit defendant and call him names, but they had never seen defendant hit her back. David Lawton said that on 16 July 1997, the week after defendant had quit his job, defendant came to Tim's Auto Sales to ask for his job back. He said defendant was shaking, had lost weight, and did not seem like himself. Dennis Harper (Harper) testified that defendant was easygoing and in love with his wife. He said that when defendant came into the office on 16 July, he seemed to be under a lot of stress. Defendant asked Harper to call Mrs. Nicholson, saying she was acting strangely, but Harper did not do so.
    Another co-worker at Tim's Auto Sales, Stephanie Speight (Speight), said Mrs. Nicholson told her that Mr. Badger had threatened defendant with a gun and that Mrs. Nicholson kept a gun in her pocketbook. Speight testified that Mrs. Nicholson was frequently abusive towards defendant at work and that, at times, she had held Mrs. Nicholson's hands to prevent her from hitting defendant. Speight said she and a sales manager had met with Mrs. Nicholson to warn her that she could be charged with spousal abuse.
    Sledge testified that defendant was the father of her daughter. She said that defendant had never hit her but that one time he grabbed her clothes as she was walking away and they began to rip. She said that when she picked defendant up the night before the shootings he had a tissue onhis neck and told her that his wife had cut him with a knife. She testified defendant seemed nervous and depressed.
    Stephanie Lynch, a neighbor of the Nicholsons, testified that she saw Mrs. Nicholson and Chief Hathaway together almost every day at a local store.
    Additional facts are provided as necessary below.

(2001).
    As a general rule, counsel possess wide latitude “to argue the facts which have been presented, as well as reasonable inferences that may be drawn therefrom.” State v. Williams, 317 N.C. 474, 481, 346 S.E.2d 405, 410 (1986). In a capital case, the state may argue the possibility that the defendant could pose a danger to prison staff and inmates. State v. Steen, 352 N.C. 227, 279, 536 S.E.2d 1, 31 (2000), cert. denied, 531 U.S. 1167, 148 L. Ed. 2d 997 (2001). This Court has held that it is proper for the state to urge the jury to recommend death specifically to deter the defendant from committing another murder. State v. Syriani, 333 N.C. 350, 397, 428 S.E.2d 118, 144, cert. denied, 510 U.S. 948, 126 L. Ed. 2d 341 (1993). Argument may also focus on the defendant's demeanor as displayed throughout the trial. See State v. Flippen, 349 N.C. 264, 276, 506 S.E.2d 702, 710 (1998), cert. denied, 526 U.S. 1135, 143 L. Ed. 2d 1015 (1999).
    [11]Defendant challenges two comments made by the state concerningdefendant's possible future conduct and his cour troom demeanor. The state noted, “[I]f [defendant is] sentenced to live in prison, we can't even be sure he's not going to kill again. . . . [W]hat happens when he is pushed to his limits?” The state then told the jury, “[Y]ou've had an opportunity to see [defendant]. There have been some downright emotional moments in this trial. Didn't seem to bother him (indicating). He looks bored to me. Now, ladies and gentlemen, if he doesn't care what happens to him, why should you?” Defendant asserts that these arguments inflamed the jury and introduced prejudice into his trial.
    The statements contested by defendant did not cross the line into improper argument. The state's comment on the possibility of defendant's future dangerousness to prison staff and inmates was appropriate under our holding in Steen, 352 N.C. at 279, 536 S.E.2d at 31. Similarly, the state engaged in permissible argument when it exhorted the jury to recommend death specifically to deter defendant from committing another murder. See Syriani, 333 N.C. at 397, 428 S.E.2d at 144. Furthermore, the state acted within the bounds of propriety when it characterized defendant as seeming “bored” with the courtroom proceedings. See Flippen, 349 N.C. at 276, 506 S.E.2d at 710 (holding that state's argument referring to defendant's conduct as “sniveling” was not improper). The state's remarks pertaining to defendant's courtroom conduct were permissible because his demeanor was “'before the jury at all times.'” Id. (quoting State v. Myers, 299 N.C. 671, 680, 263 S.E.2d 768, 774 (1980)). We therefore find no error in the trial court's failure to intervene ex mero motu during these portions of the state's closing argument. See Golphin, 352 N.C. at 452, 533 S.E.2d at 226.
    [12]Defendant next challenges two of the state's references to the jury as the voice of the community. The state told the jury that “these innocent families, people who are served by a good and faithful Police Chief, are waiting for your sentence. Let your sentence . . . send amessage to all innocent mothers, to all law enforcement offi cers, and to all citizens . . . as to what value you have placed on the lives of [the victims].” The state later reminded the jury that it was “the voice and conscience of the community.” Defendant contends that the state's argument invited the jurors to ignore the evidence and substitute themselves for the victim's family and the community as a whole. In this argument, defendant appears to assign error to the state's closing argument by challenging the state's use of victim-impact evidence along with its exhortation to the jury to act as the voice of the community.
    This Court has upheld arguments that remind the jury that its verdict will send a message to the community or function as the conscience of the community. Id. at 471, 533 S.E.2d at 237; cf. State v. Boyd, 311 N.C. 408, 418, 319 S.E.2d 189, 197 (1984) (jury's decision cannot be based upon the jury's perceived accountability to the witnesses, to the victim, to the community, or to society in general), cert. denied, 471 U.S. 1030, 85 L. Ed. 2d 324 (1985). Indeed, “[p]ermitting the jury to act as the voice and conscience of the community is required because the very reason for the jury system is to temper the harshness of the law with the 'commonsense judgment of the community.'” State v. Scott, 314 N.C. 309, 311-12, 333 S.E.2d 296, 298 (1985) (quoting Taylor v. Louisiana, 419 U.S. 522, 530, 42 L. Ed. 2d 690, 698 (1975)). The state may not, however, encourage the jury to
consider outside factors, such as public sentiment, in its deliberations. See Golphin, 352 N.C. at 471, 533 S.E.2d at 237 (noting that “[t]he State cannot encourage the jury to lend an ear to the community”).
    Our thorough examination of the record leads us to disagree with defendant's characterization of this portion of the state's argument as grossly improper and prejudicial. As it did in Golphin, the state in the present case properly reminded the jury that its verdict would “send a message” to the community. Id. The state did not exhort the jury to takeinto account the specific expectations of the communi ty or the family in coming to a decision. Rather, the state's characterization of the jury as the voice of the community counseled jury members to act in their appropriate role as “'instruments of public justice.'” Scott, 314 N.C. at 311, 333 S.E.2d at 297 (quoting Smith v. Texas, 311 U.S. 128, 130, 85 L. Ed. 84, 86 (1940)). The state's argument based on victim-impact evidence did not rise to the level of gross impropriety such that defendant's due process rights were prejudiced. See Golphin, 352 N.C. at 452, 533 S.E.2d at 237; see also State v. Conaway, 339 N.C. 487, 528, 453 S.E.2d 824, 850 (citing Payne, 501 U.S. at 825, 115 L. Ed. 2d at 735), cert. denied, 516 U.S. 884, 133 L. Ed. 2d 153 (1995). The trial court therefore did not err in failing to intervene ex mero motu, and defendant's arguments are without merit.
    [13]Defendant next alleges impropriety in the state's closing argument concerning remuneration of defendant's expert witnesses. Defendant contends he was prejudiced by the state's assertion that defendant's witnesses would not get paid unless they said what defendant wanted to hear.
    “[C]ompensation of a defendant's expert witness is clearly an appropriate matter for cross-examination.” Atkins, 349 N.C. at 83, 505 S.E.2d at 110. This is especially true where discrepancies exist between the opposing parties' experts or where conflicting diagnoses are made; in such cases, the parties may elicit testimony indicative of witness bias. See id. at 83, 505 S.E.2d at 110-11. As noted above, counsel are allowed wide latitude in choosing the substance of their closing arguments. See, e.g., Williams, 317 N.C. at 481, 346 S.E.2d at 410. “[I]t is not improper for the prosecutor to impeach the credibility of an expert [in] closing argument.” State v. Norwood, 344 N.C. 511, 536, 476 S.E.2d 349, 361 (1996), cert. denied, 520 U.S. 1158, 137 L. Ed. 2d 500 (1997).
    Defendant argues that the trial court erred in overruling hisobjection to the state's closing argument. In the por tion of the transcript defendant references, the state argues that defendant's experts “will say whatever they want to say because they don't get paid . . . unless they say what they (indicating) want to hear.” Defendant contends that this was an improper attack upon the credibility of his experts.
    After careful review of the challenged portions of the transcript, we conclude that there was no error. The state's closing argument simply illustrated discrepancies between the diagnoses made by Dr. Wolfe and Dr. Warren, two of defendant's expert witnesses. The state asked the jury to consider whether these witnesses were biased. It pointed out that
    if they are biased, then you have to consider really hard what they said. . . . Now, Doctor Warren, when he tested [defendant], he was a seventy-five [IQ] . . . when they give their analysis and their diagnosis, do they use the seventy-five? No. There is no word mentioned in those two reports they have. What they talked about is the sixty-six [IQ], because that's lower. . . . Now, pose that against what . . . Doctor Wolfe said. Who is being objective, who is being subjective?

The experts' conflicting testimony prompted the state to question their credibility and impartiality in its closing argument. Because it was not improper for the state to impeach defendant's experts in this manner, this argument is without merit.
    [14]Defendant next assigns error to the trial court's submission of the (e)(4) aggravating circumstance--that the murder was committed for the purpose of avoiding or preventing a lawful arrest--in the case involving Chief Hathaway. See N.C.G.S. § 15A-2000(e)(4) (1999). Defendant contends this aggravating circumstance was unsupported by the evidence, which allegedly showed only the bare fact of the killing itself and not any attempt to avoid arrest.
    Submission of the (e)(4) aggravating circumstance is proper where the trial court finds “substantial, competent evidence in the record from which the jury can infer that at least one of defendant's purposes for the killing was the desire to avoid subsequent detection and apprehension for a crime.” State v. Hardy, 353 N.C. 122, 135, 540 S.E.2d 334, 344 (2000),cert. denied, ____ U.S. ____, ____ L. Ed. 2d ____ , 70 U.S.L.W. 3235 (2001). In determining whether “to submit an aggravating circumstance to the jury, the trial court must consider the evidence in the light most favorable to the State, with the State entitled to every reasonable inference to be drawn therefrom.” Syriani, 333 N.C. at 392, 428 S.E.2d at 141.
    The state presented evidence that on 16 July 1997, defendant threatened and assaulted Mrs. Nicholson. Mrs. Nicholson called the police, and defendant ran off when an officer arrived. Mrs. Nicholson went to the magistrate's office and swore out a warrant that night. The next day, when defendant called Mrs. Nicholson, he told her not to have the “law” or anyone else at the trailer when he arrived to get his clothes. Mrs. Nicholson then called the police department and asked if an officer could be present at her home when defendant came over. Chief Hathaway returned her call, explained he was coming to her house, and told Mrs. Nicholson he had a warrant for defendant's arrest.
    Before he went to the trailer, defendant called Mrs. Nicholson again and asked if there was anyone else at the trailer. After Mrs. Nicholson said there was no one else there, defendant went to the trailer. While he waited outside, Mrs. Nicholson called the police. She then let defendant inside to get his clothes. Chief Hathaway responded to the call from the Nicholsons' trailer and told the town clerk as he left that he was on his way to serve the warrant. When Chief Hathaway arrived at the trailer, Mr. Badger looked outside and saw that he had a piece of paper in his hand.
    Chief Hathaway knocked on the front door to the trailer, and Mrs. Nicholson told him to come inside. He was dressed in his police uniform. He walked up to defendant, who was on his way to the back bedroom. Chief Hathaway told defendant that he had a warrant for his arrest. The state's evidence showed that defendant turned around, pushed Chief Hathaway away, and shot him in the face. Chief Hathaway's gun was in its holster when he was shot.    We conclude the state presented substantial evidence from which a jury could reasonably conclude that one of the reasons defendant killed Chief Hathaway was to avoid arrest. In the light most favorable to the state, this evidence tends to show that defendant knew the police were looking for him as a result of his assault on his wife on 16 July. Defendant's departure when police responded after the assault, his demand that no police be at the trailer when he arrived, and his repeated phone calls to question whether in fact there was anyone else at the trailer before he arrived all tend to show that defendant was attempting to avoid arrest. The evidence also shows that Chief Hathaway went to Mrs. Nicholson's trailer on 17 July to arrest defendant for assaulting his wife and that when he informed defendant he had a warrant for his arrest, defendant shot him. The jury could reasonably conclude, based on this evidence of record, that one of the reasons defendant shot Chief Hathaway was to avoid arrest. See Hardy, 353 N.C. at 135, 540 S.E.2d at 344. Thus, the trial court did not err in submitting the (e)(4) aggravating circumstance to the jury. Defendant's argument is without merit.
    [15]In his next argument, defendant asserts that the trial court erroneously submitted the (e)(8) aggravating circumstance--“[t]he capital felony was committed against a law-enforcement officer . . . while engaged in the performance of his official duties or because of the exercise of his official duty”--in the case involving Chief Hathaway. See N.C.G.S. § 15A-2000(e)(8). Submission of the (e)(8) aggravating circumstance must be supported by substantial evidence. See Fletcher, 348 N.C. at 323, 500 S.E.2d at 686.
    Defendant argues that it was error for the court to submit the (e)(8) aggravating circumstance under the “engaged in” prong because the evidence was insufficient to show defendant knew that Chief Hathaway was engaged in the performance of any official duty on the date of the killings. This Court has never addressed whether the trial court may submit the (e)(8)aggravating circumstance under the “engaged in” prong in t he absence of evidence tending to show the defendant knew or had reasonable grounds to know that the victim was a law enforcement officer.
    In any event, the evidence in the instant case clearly shows that Chief Hathaway was engaged in his official duties as a law enforcement officer at the time of the killing. At trial, the state offered evidence tending to show that Chief Hathaway arrived at the trailer in uniform and in the course of his official duties. Moreover, defendant himself testified that during his encounter with Chief Hathaway, Chief Hathaway told defendant that he was serving a warrant for defendant's arrest. The evidence shows not only that defendant shot an officer who was engaged in the performance of his official duties, but also that defendant was fully aware the officer was performing his official duties at the time defendant fired his gun. This evidence therefore constituted substantial evidence supporting the trial court's submission of the (e)(8) aggravator. Accordingly, defendant's argument is meritless.
    [16]Defendant next argues that the trial court erroneously submitted two aggravating circumstances based on the same evidence in the case involving Chief Hathaway. Defendant contends the evidence supporting submission of N.C.G.S. § 15A-2000(e)(4), that the capital felony was committed for the purpose of avoiding or preventing a lawful arrest, completely overlapped and duplicated the evidence supporting the submission of N.C.G.S. § 15A-2000(e)(8), that the capital felony was committed against a law enforcement officer engaged in the performance of his official duties.    This Court has held:
        It is error to submit two aggravating circumstances resting on the same evidence. . . . “Where, however, there is separate evidence supporting each aggravating circumstance, the trial court may submit both 'even though the evidence supporting each may overlap.'” State v. Rouse, 339 N.C. 59, 97, 451 S.E.2d 543, 564 (1994) (quoting State v. Gay, 334 N.C. 467, 495, 434 S.E.2d 840, 856 (1993)), cert. denied, [516] U.S. [832], 133 L. Ed. 2d 60 (1995). “Aggravating circumstances are not considered redundant absent a complete overlap in the evidence supporting them.” [State v.] Moseley, 338 N.C. [1,] 54, 449 S.E.2d [412,]444 [(1994), cert. denied, 514 U.S. 1091, 131 L. E d. 2d 738 (1995)] (emphasis added).

State v. Wilkinson, 344 N.C. 198, 227-28, 474 S.E.2d 375, 391 (1996). We also have determined that “there is no error in submitting multiple aggravating circumstances provided that the inquiry prompted by their submission is directed at distinct aspects of the defendant's character or the crime for which he is to be punished.” State v. Hutchins, 303 N.C. 321, 354, 279 S.E.2d 788, 808 (1981).
    In particular, this Court has previously held that submission of both the (e)(4) and (e)(8) aggravating circumstances in a single case is not error because they address different aspects of the crime:
    Of the two aggravating circumstances challenged . . . as purportedly being based upon the same evidence, one of the aggravating circumstances looks to the underlying factual basis of defendant's crime, the other to defendant's subjective motivation for his act. The aggravating circumstance that the murder was committed against an officer engaged in the performance of his lawful duties involved the consideration of the factual circumstances of defendant's crime. The aggravating circumstance that the murder was for the purpose of avoiding or preventing a lawful arrest forced the jury to weigh in the balance defendant's motivation in pursuing his course of conduct.

Id. at 355, 279 S.E.2d at 809; see also Golphin, 352 N.C. at 482, 533 S.E.2d at 244 (holding that submission of both the (e)(4) and (e)(8) circumstances was proper “where the two circumstances were directed at distinct aspects of the crimes charged”). In the instant case, as noted above in our discussion of the (e)(4) aggravator, evidence was presented that one of defendant's motivations in shooting Chief Hathaway was to avoid arrest for the previous assault on his wife. Submission of the (e)(4) aggravator was therefore proper to address defendant's “subjective motivation” for the killing. Hutchins, 303 N.C. at 355, 279 S.E.2d at 809. Also, as noted above in our discussion of the (e)(8) aggravating circumstance, evidence was presented to show that Chief Hathaway was performing an official duty when he responded to Mrs. Nicholson's call. The trial court thus properly submitted the (e)(8) aggravator to address the “factual basis of defendant's crime.” Id. In sum, although the sameseries of events provided the basis for submissio n of both the (e)(4) and (e)(8) aggravating circumstances, the circumstances focused on different aspects of the crime and were supported by different pieces of evidence. Accordingly, the trial court did not err in submitting both the (e)(4) and (e)(8) aggravating circumstances to the jury. See id. at 354, 279 S.E.2d at 808. This argument is without merit.
    [17]Next, defendant argues the trial court erred by allowing the jury to consider the (e)(11) aggravating circumstance because the words of the statute are vague and overbroad under the state and federal constitutions and because there was insufficient evidence to support its submission. The (e)(11) aggravating circumstance reads as follows: “The murder for which the defendant stands convicted was part of a course of conduct in which the defendant engaged and which included the commission by the defendant of other crimes of violence against another person or persons.” N.C.G.S. § 15A-2000(e)(11). In the present case, the trial court submitted this circumstance to the jury for its separate consideration in connection with each of the two murders.
    This Court has repeatedly held that the (e)(11) aggravating circumstance is constitutional and is not vague or overbroad. See, e.g., State v. Stephens, 347 N.C. 352, 368, 493 S.E.2d 435, 445 (1997), cert. denied, 525 U.S. 831, 142 L. Ed. 2d 66 (1998); State v. Cole, 343 N.C. 399, 421, 471 S.E.2d 362, 372-73 (1996), cert. denied, 519 U.S. 1064, 136 L. Ed. 2d 624 (1997); State v. Williams, 305 N.C. 656, 684-85, 292 S.E.2d 243, 260-61, cert. denied, 459 U.S. 1056, 74 L. Ed. 2d 622 (1982). Moreover, the circumstance was constitutional as applied in the present case. “Evidence that a defendant killed more than one victim is sufficient to support the submission of the course of conduct aggravating circumstance.” Conaway, 339 N.C. at 530, 453 S.E.2d at 851; see also State v. Skipper, 337 N.C. 1, 54, 446 S.E.2d 252, 281-82 (1994) (shooting of two victims within moments of each other was sufficient to establish course of conduct forpurposes of the (e)(11) aggravating circumstance), cert. denied, 513 U.S. 1134, 130 L. Ed. 2d 895 (1995). Considered in a light most favorable to the state, see Syriani, 333 N.C. at 392, 428 S.E.2d at 141, the evidence in the instant case was clearly sufficient to justify the submission of the course of conduct aggravating circumstance to the jury: the evidence patently supported a finding that the two killings were committed within moments of each other, within feet of each other, and with the same weapon.
    Nonetheless, defendant argues that the trial court's instructions did not provide the jurors with adequate guidance, which left the jury to apply the (e)(11) circumstance to the evidence with unfettered discretion. Defendant did not object to the instructions on this basis at trial or request a limiting instruction. In light of the evidence independently supporting the (e)(11) circumstance in each case, we cannot conclude a different result would have been probable even if the trial court had explicitly specified the evidence the jurors were to consider. See, e.g., Golphin, 352 N.C. at 483, 533 S.E.2d at 244. Accordingly, there is no plain error, and defendant's argument is without merit.
    [18]Defendant next contends that the trial court erred in its instructions to the jury regarding the (f)(1) statutory mitigating circumstance--“[t]he defendant has no significant history of prior criminal activity,” N.C.G.S. § 15A-2000(f)(1). The trial court's instructions in the case involving Mrs. Nicholson included the following: “Consider whether the defendant has no significant history of prior criminal activity before the date of the murder.” Defendant contends that it was error of constitutional magnitude for the trial court to add the phrase “before the date of the murder.” By doing so, defendant argues, the trial court improperly submitted a nonstatutory mitigating circumstance in place of the statutory one, thereby allowing the jury to refuse to give this circumstance any weight. Defendant did not object to this alleged error at trial. Our review is therefore limited to plain error. See Braxton, 352N.C. at 222, 531 S.E.2d at 465.
    We conclude that the trial court's instruction was proper. It is well settled that the (f)(1) circumstance applies only to criminal activity occurring before the murder for which a defendant is being tried. See State v. Gell, 351 N.C. 192, 212, 524 S.E.2d 332, 345, cert. denied, 531 U.S. 867, 148 L. Ed. 2d 110 (2000); State v. Coffey, 336 N.C. 412, 418, 444 S.E.2d 431, 434 (1994). The additional language used by the trial court in the present case was thus a correct statement of the law. The trial court further instructed the jury that it should find this circumstance if it determined the circumstance to exist by a preponderance of the evidence. Accordingly, it is evident that the jurors were not permitted to refuse to give this circumstance mitigating value if they found it to exist. The trial court did not convert the statutory mitigating circumstance into a nonstatutory one simply by adding clarifying language. This argument is without merit.
    [19]Defendant next argues that the trial court erroneously failed to submit the statutory mitigating circumstance that he acted under duress or the domination of another person. See N.C.G.S. § 15A-2000(f)(5). Defendant contends this circumstance was supported by evidence that he acted under duress and under the domination of his wife, Mrs. Nicholson.
    It is well established that
    where evidence is presented at a capital sentencing proceeding that may support a statutory mitigating circumstance, the trial court has no discretion as to whether to submit the circumstance. The trial court must submit the circumstance if it is supported by substantial evidence. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. In sum, the test for sufficiency of evidence to support submission of a statutory mitigating circumstance is whether a juror could reasonably find that the circumstance exists based on the evidence.

Fletcher, 348 N.C. at 323, 500 S.E.2d at 686 (citations omitted); see also State v. Holden, 346 N.C. 404, 438, 488 S.E.2d 514, 532-33 (1997) (holding that burden of proof to establish existence of mitigating circumstances is on defendant and must be shown by preponderance of the evidence), cert.denied, 522 U.S. 1126, 140 L. Ed. 2d 132 (1998).
    In the present case, defendant contends that the following evidence was sufficient to require submission of the (f)(5) mitigating circumstance: that he suffered from borderline functioning and had a borderline IQ; that his judgment and insight were poor and affected by mental retardation and mental and physical illness; that his wife induced him to come to the trailer so he could be apprehended; and that, according to a forensic psychiatrist, he was under the domination of his wife and his perceptions of events were distorted so that he misinterpreted what was happening around him. Defendant essentially contends that his wife was responsible for creating a situation with which he could not cope by requesting that he come to the trailer to get his clothes, by assuring him that there would be no one else there, and by calling police to come arrest him. Defendant argues that this constitutes substantial evidence and that the jury should have been allowed to consider whether he acted under duress or under the domination of his wife. We disagree.
    The above-listed evidence is insufficient to support the submission of the (f)(5) mitigating circumstance. Although the evidence viewed in the light most favorable to defendant tends to show that Mrs. Nicholson induced defendant to come to the trailer so that he could be arrested and that defendant may have been susceptible to pressure from her generally, there is no evidence showing that Mrs. Nicholson's actions pressured defendant into using deadly force against her or Chief Hathaway through duress or dominance. Therefore, “'a jury finding of this circumstance would have been based solely upon speculation and conjecture, not upon substantial evidence, and the submission of the instruction would be unreasonable as a matter of law.'” State v. Anderson, 350 N.C. 152, 183, 513 S.E.2d 296, 315 (quoting State v. Daniels, 337 N.C. 243, 273, 446 S.E.2d 298, 316-17 (1994), cert. denied, 513 U.S. 1135, 130 L. Ed. 2d 895 (1995)), cert. denied, 528 U.S. 973, 145 L. Ed. 2d 326 (1999). Accordingly, the trialcourt properly refused to submit the (f)(5) mitigating circumsta nce. This argument fails.
    [20]Defendant next maintains the trial court should have submitted, as a nonstatutory mitigating circumstance, the alleged limitations of his intellectual functioning. Defendant contends that the trial court's denial of his request for this mitigating circumstance violated his Eighth Amendment rights under the United States Constitution and violated Article I, Sections 19, 23, and 27 of the North Carolina Constitution.   (See footnote 4) 
    The sentencer in a capital case must be allowed to consider any factor with mitigating value that fairly arises from the evidence. Skipper v. South Carolina, 476 U.S. 1, 4, 90 L. Ed. 2d 1, 6 (1986). Upon the defendant's timely written request, the trial court should submit nonstatutory mitigating circumstances that are supported by the evidence. State v. Brewington, 352 N.C. 489, 520, 532 S.E.2d 496, 514 (2000), cert. denied, 531 U.S. 1165, 148 L. Ed. 2d 992 (2001). When the circumstance requested is subsumed in other statutory or nonstatutory mitigating circumstances already submitted, however, the trial court may deny the defendant's request. Id. at 521, 532 S.E.2d at 515.
    Dr. Wolfe, an expert witness for defendant, testified that defendant's intellectual functioning was “below average.” Contending that the evidence supported it, defendant submitted a timely written request for a mitigating circumstance reading: “At the time of the offense, the defendant had some limitations in intellectual functioning.” The trial court denied defendant's request after the state objected to it as duplicative.   (See footnote 5)  Defendant argues that if, as the trial court told the jury, he has the right to have the jury consider any aspect of his character or record and any of the circumstances of the offense as a basis for a sentence less than death, the trial court should have allowed submission of the requested nonstatutory mitigating circumstance.
    The record reveals that the trial court submitted the following nonstatutory mitigating circumstances relating to defendant's limitations in intellectual functioning:
        5. The defendant has problems reading and writing.

        . . . .

        6. The defendant has had a relative lack of education.

        . . . .

        8. The defendant suffers from borderline intelligence functioning, having a borderline IQ of 66 to 72.

        . . . .

        9. The defendant is mildly mentally retarded.

        . . . .

        10. The general emotional, physical, and mental condition of the defendant is a mitigating factor[.]

        . . . .

        15. The defendant's judgment and insight are poor, and his judgment and insight are affected by his mental retardation and mental and physical illness.

        . . . .

        32. At the time of the offense, the defendant's limited intellectual functioning compromised or decreased his [sic] options available to him to resolve the problem or respond appropriately.

        . . . .

        39. Any other circumstances arising from the evidence which one or more of you deems to have mitigating value.

The jury found circumstance numbers eight, ten, fifteen, and thirty-two toexist and to have mitigating value. The circumstances submitted allowed the jury to consider and give weight to defendant's limitation in intellectual functioning. As the mitigating circumstance requested by defendant was subsumed in the circumstances already submitted to the jury, see Brewington, 352 N.C. at 521, 532 S.E.2d at 515, the trial court properly denied defendant's request. Accordingly, this argument is without merit.
    [21]Defendant next argues that the trial court erred in failing to give a peremptory instruction on four statutory mitigating circumstances in both the case involving Mrs. Nicholson and the case involving Chief Hathaway. Defendant claims that there was uncontroverted evidence for each of the following four mitigators submitted: (1) no significant prior criminal history, N.C.G.S. § 15A-2000(f)(1); (2) capital felony committed while the defendant was under the influence of mental or emotional disturbance, N.C.G.S. § 15A-2000(f)(2); (3) impaired capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law, N.C.G.S. § 15A-2000(f)(6); and (4) age of the defendant at the time of the crime, N.C.G.S. § 15A-2000(f)(7).
    The trial court should give a peremptory instruction for any statutory mitigating circumstance supported by uncontroverted evidence. State v. Wallace, 351 N.C. 481, 525-26, 528 S.E.2d 326, 354, cert. denied, 531 U.S. 1018, 148 L. Ed. 2d 498 (2000). Even if a peremptory instruction is given, the weight given to the mitigating circumstance is entirely up to the jury to decide. State v. Kirkley, 308 N.C. 196, 220, 302 S.E.2d 144, 158 (1983), overruled on other grounds by State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988).
    After a thorough review of the record, we hold that a peremptory instruction was not warranted for any of these four mitigating circumstances. Where the (f)(1) mitigator is submitted, a jury may take into account any prior criminal activity, not just criminal convictions, ofthe defendant. State v. Noland, 312 N.C. 1, 20-21, 320 S .E.2d 642, 654 (1984), cert. denied, 469 U.S. 1230, 84 L. Ed. 2d 369 (1985). The state presented evidence that defendant had an earlier conviction for assault on a female. The state also presented evidence tending to show that defendant choked his wife, hit her in the mouth, and threatened to kill her on various occasions. In light of these controverted facts, the trial court did not err in declining to give a peremptory instruction on the (f)(1) mitigating circumstance.
    Defendant produced evidence of mental disturbance and impaired capacity to support the submission of the (f)(2) and (f)(6) mitigators, respectively. The record also contains evidence contradicting these mitigators, however. Dr. Wolfe, a forensic psychiatrist, testified that while she found defendant had borderline intellectual functioning, she did not believe he suffered from a psychotic disorder. Cross-examination of Dr. Warren revealed weaknesses in his diagnosis of defendant as having psychological problems. Dr. Warren admitted that most of the medical history he relied on for his diagnosis contained various inconsistencies, such as the fact that the day after defendant was reported to be “acting like a vegetable,” he filled out a form to get his gun out of the pawnshop. Moreover, Dr. Warren testified that the information in the mental health report on defendant came primarily from defendant's wife. After a thorough review of the evidence, we hold that the trial court did not err in failing to give a peremptory instruction on the (f)(2) and (f)(6) mitigators.
    When considering the (f)(7) mitigating circumstance--defendant's age-- the jury may take into account not only the chronological age of the defendant, but also his experience, his criminal tendencies, and the rehabilitative aspects of his character. See, e.g., State v. Johnson, 317 N.C. 343, 393, 346 S.E.2d 596, 624 (1986) (balancing the defendant's chronological age against his emotional age, physical and mental development, and level of experience). When expert testimony constitutessubstantial evidence that the defendant's mental age was mitigatin g at the time of the crime, the trial court must submit the (f)(7) mitigator. State v. Zuniga, 348 N.C. 214, 217, 498 S.E.2d 611, 613 (1998). Unless the defendant's age has mitigating value as a matter of law, a juror need consider the defendant's age only if that juror finds by a preponderance of the evidence that it has mitigating value. Rouse, 339 N.C. at 105, 451 S.E.2d at 569.
    Defendant was thirty-two years of age at the time of the killings. The expert testimony of Dr. Warren established defendant's mental age at between twelve and one-half and thirteen years of age. Other testimony indicated that defendant was “clearly . . . on the verge between mild mental retardation and borderline IQ.” There was also testimony that while defendant had low intellectual functioning, his social skills were described as “pretty good” and as “his biggest strength.” While defendant made the threshold showing required for submission of the (f)(7) mitigator, his mental age was by no means established by a consensus of experts. See id. (holding that where the evidence establishing mitigating value was contradictory on the mitigating value of defendant's age, “the jurors were properly instructed that it was within their province to determine whether defendant's age had mitigating value”). In light of the contradictory evidence presented, the trial court did not err in refusing defendant's request for a peremptory instruction on the (f)(7) mitigator.
    [22]Defendant next argues that the trial court erred by failing to give a peremptory instruction for each nonstatutory mitigating circumstance that was supported by uncontroverted evidence in each case. The trial court submitted to the jury thirty-four nonstatutory mitigating circumstances. The jury found that twelve of them existed and had mitigating value. The state did not challenge any of the mitigating circumstances submitted.
    A defendant is entitled to a peremptory instruction on a nonstatutorymitigating circumstance if the evidence suppor ting it is uncontroverted and manifestly credible. State v. McLaughlin, 341 N.C. 426, 449, 462 S.E.2d 1, 13 (1995), cert. denied, 516 U.S. 1133, 133 L. Ed. 2d 879 (1996). Peremptory instructions are not required, however, when the evidence supporting the circumstance is controverted. Golphin, 352 N.C. at 475, 533 S.E.2d at 240. A general request for a peremptory instruction on all of the mitigating circumstances is not sufficient. Skipper, 337 N.C. at 41-42, 446 S.E.2d at 274-75. Rather, the defendant must make a specific request for each mitigating circumstance for which he or she desires a peremptory instruction. Id. The trial court does not err in refusing to give peremptory instructions when counsel fails to submit the requested instructions in writing. White, 349 N.C. at 570, 508 S.E.2d at 275. The trial court should not be required to decide on its own what instructions the defendant may desire. State v. Green, 336 N.C. 142, 172-74, 443 S.E.2d 14, 32-33, cert. denied, 513 U.S. 1046, 130 L. Ed. 2d 547 (1994).
    Defendant asked the trial court to instruct the jury that nonstatutory mitigating circumstances, if found, should be given mitigating value: “[W]e're asking that you give something similar to [pattern jury instruction] 150.11.” Defendant also made a blanket request for a peremptory instruction on the nonstatutory mitigating circumstances as follows: “[O]n each of the nonstatutory ones, essentially, we would like for the Court to reflect that we have asked each one of those individually, and for the Court to take a look at each one of those individually instead of collectively.”
    Defendant did not submit his request for a particular instruction on the nonstatutory mitigating circumstances in writing, but merely asked the court to give “something similar” to pattern jury instruction 150.11. The trial court's refusal to give a peremptory instruction as to the nonstatutory mitigating circumstances was therefore not error. See White, 349 N.C. at 570, 508 S.E.2d at 275. Further, when he requested aperemptory instruction for the nonstatutory mitigating circumstances, defendant failed to specifically address each mitigating circumstance. Defendant's exhortation that the trial court construe his blanket request as if he had asked for each mitigating circumstance individually is insufficient. See Skipper, 337 N.C. at 41-42, 446 S.E.2d at 274-75. Finally, defendant has made no argument that the evidence supporting the nonstatutory mitigating circumstances was uncontroverted or credible. Accordingly, the trial court committed no error in refusing to give peremptory instructions on the nonstatutory mitigating circumstances. This argument is nonmeritorious.
    [23]Defendant next contends that the trial court erred by failing to fully and completely instruct the jury regarding the mitigating circumstances submitted in the case involving Chief Hathaway. Defendant asserts that the trial court substituted a shortened form of the relevant instructions in the case of Chief Hathaway, which had the effect of conveying to the jury an impermissible expression of opinion by the trial court on the importance of the mitigating circumstances it was to consider.
    The trial court first instructed the jury regarding mitigating circumstances in the murder of Mrs. Nicholson. In reference to the jurors' consideration of mitigating evidence, the trial court properly instructed the jurors on the definition of the term “mitigating circumstance,” the factors the jury was bound to consider in mitigation, the burden of proof, the lack of a unanimity requirement, and the fact that the jurors must consider each mitigating circumstance listed as well as any others they might deem to have mitigating value. The trial court then read the language of each mitigating circumstance listed on the “Issues and Recommendation as to Punishment” form, and gave an explanation of each circumstance.
    The trial court next instructed the jury regarding the murder of Chief Hathaway. The trial court instructed the jury on the same mitigatingcircumstances it had previously discussed in reference to the case involving Mrs. Nicholson's murder. It fully explained, as it had done before in connection with the murder of Mrs. Nicholson, the nature of mitigating evidence and how the jury could consider it. The trial court then instructed the jury as follows:
    Now, it is your duty to consider the following mitigating circumstances, and any others which you find from the evidence.

        Now, I went through the law in great detail as to those mitigating circumstances when I discussed with you the Issues as to [Mrs.] Nicholson.

        Since the mitigating factors are the same as to the murder of [Chief] Hathaway, I am not going to go through those circumstances, mitigating circumstances again in detail, because I have already explained the law to you.

        However, you have a duty to consider each and every one of those circumstances, and consider the law as I have previously given it to you as to those mitigating circumstances.

The trial court next instructed the jury on the language of each mitigating circumstance it was to consider, but omitted the associated explanation for each circumstance that it had given previously in connection with the murder of Mrs. Nicholson.
    Defendant contends that by refusing to repeat the explanation of each mitigating circumstance, the trial court did not give the jury the information it needed to make a decision about each circumstance in the case involving Chief Hathaway. Defendant argues he was entitled to have the jury instructed fully in each case. He further asserts that by omitting the associated explanations, the trial court effectively gave the impression that the mitigating circumstances in the second case were less important, thereby improperly “commenting” on the evidence. We note that defendant did not object to the omission of the explanations at trial. In fact, when asked by the trial court, defendant affirmatively stated that he “did not see any corrections, deletions or additions” to be made to the instructions. Our analysis is therefore limited to plain error.
    This Court has previously held that        N.C.G.S. § 15A-1222 and 15A -1232 prohibit the trial court from expressing an opinion in the presence of the jury on any question of fact to be decided by the jury. “'In evaluating whether a judge's comments cross into the realm of impermissible opinion, a totality of the circumstances test is utilized.'” State v. Jones, 347 N.C. 193, 207, 491 S.E.2d 641, 649 (1997) (quoting State v. Larrimore, 340 N.C. 119, 155, 456 S.E.2d 789, 808 (1995)). This Court has also held that

        “'[t]he charge of the court must be read as a whole . . . , in the same connected way that the judge is supposed to have intended it and the jury to have considered it . . . .' State v. Wilson, 176 N.C. 751, [754-55,] 97 S.E. 496[, 497] (1918). It will be construed contextually, and isolated portions will not be held prejudicial when the charge as [a] whole is correct. If the charge presents the law fairly and clearly to the jury, the fact that some expressions, standing alone, might be considered erroneous will afford no ground for reversal.”

    State v. Rich, 351 N.C. 386, 393-94, 527 S.E.2d 299, 303 (2000) (quoting State v. Lee, 277 N.C. 205, 214, 176 S.E.2d 765, 770 (1970) (alterations in original) (citations omitted)). Finally, we have stated that the trial court's words “'may not be detached from the context and the incidents of the trial and then critically examined for an interpretation from which erroneous expressions may be inferred.'” State v. Chandler, 342 N.C. 742, 752, 467 S.E.2d 636, 641 (quoting State v. McWilliams, 277 N.C. 680, 685, 178 S.E.2d 476, 479 (1971)), cert. denied, 519 U.S. 875, 136 L. Ed. 2d 133 (1996).

State v. Meyer, 353 N.C. 92, 106, 540 S.E.2d 1, 9 (2000) (citations omitted) (holding that the trial court did not express impermissible opinion when it gave a single instruction on an aggravating circumstance and told the jury to apply that single instruction to its consideration of the appropriate punishment for each of two murders), cert. denied, __ U.S. __, __ L. Ed. 2d __, 70 U.S.L.W. 3235 (2001). The burden rests on the defendant to show he was prejudiced by the trial court's comments. State v. Davis, 353 N.C. 1, 41, 539 S.E.2d 243, 269 (2000), cert. denied, ____ U.S. ____, ____ L. Ed. 2d ____, 70 U.S.L.W. 3235 (2001).
    The main purposes of the jury charge are “clarification of the issues, elimination of extraneous matters, and declaration and application of the law arising upon the evidence.” State v. Jackson, 228 N.C. 656, 658, 46 S.E.2d 858, 859 (1948). We presume that jurors “pay close attention to the particular language of the judge's instructions in a criminal case and thatthey undertake to understand, comprehend, and follow the instruc tions as given.” State v. Trull, 349 N.C. 428, 455, 509 S.E.2d 178, 196 (1998) (finding trial court did not express an impermissible opinion by giving a “shorthand” instruction for twenty-four nonstatutory mitigating circumstances and tendering a single peremptory instruction for all of those circumstances), cert. denied, 528 U.S. 835, 145 L. Ed. 2d 80 (1999). Further, “jury instructions should be as clear as practicable, without needless repetition.” Id. at 455-56, 509 S.E.2d at 196.
    This Court has held that “[t]he trial judge is not required to repeat a definition each time a word or term is repeated in the charge when it has once been defined.” Robbins, 275 N.C. at 549-50, 169 S.E.2d at 866. Further, “[j]ust as the mere fact that the judge may spend more time summarizing the evidence for the State does not amount to an expression of opinion, no expression of opinion arises merely from the comparative amount of time devoted to giving an instruction.” Porter, 326 N.C. at 504-05, 391 S.E.2d at 154 (citation omitted) (holding that no impermissible expression of opinion given when trial court spent more time instructing on first- degree murder than on second-degree murder); see also State v. Matthews, 299 N.C. 284, 294, 261 S.E.2d 872, 879 (1980) (because the jury had heard all instructions, no error when trial court instructed jury as to one defendant, then stated it would not repeat those instructions but told the jury to apply them to its consideration of the codefendant's case).
    Defendant has failed to carry his burden of showing that he was prejudiced by the trial court's decision not to repeat the explanations of each mitigating circumstance. See Davis, 353 N.C. at 41, 539 S.E.2d at 269. Our review of the entire jury charge in the present case reveals that the jury was fully and carefully instructed regarding its consideration of mitigating circumstances. The trial court expressly instructed the jury that it should consider each mitigating circumstance in reference to the death of Chief Hathaway and that it should consider the law as the trialcourt had previously explained it as to those circumstances. The t rial court did not express an impermissible opinion by omitting repetition of the explanation of each mitigating circumstance in its instructions concerning Chief Hathaway's murder, but instead merely avoided unnecessary repetition of information already given. See Trull, 349 N.C. at 455-56, 509 S.E.2d at 196. Defendant's argument is nonmeritorious.
    [24]Defendant next contends that the trial court's oral instructions did not allow the jury to correctly apply the standard for considering nonstatutory mitigating circumstances to the statutory catchall circumstance. Further, defendant asserts the wording of the catchall mitigating circumstance, N.C.G.S. § 15A-2000(f)(9), printed on the Issues and Recommendation as to Punishment forms used in both cases, erroneously failed to explain the proper standard the jury should apply to determine whether that circumstance existed. Defendant maintains that, because the oral instructions did not match the wording of the Issues and Recommendation as to Punishment forms and did not explain how the jury should apply the oral instructions in conjunction with the forms, the verdict in this case was the product of juror confusion. Defendant contends that the trial court's instructions in this respect amounted to plain error. We address each of these arguments in turn.
    The Issues and Recommendation as to Punishment form used in each of defendant's cases contained the following language regarding the (f)(9) catchall mitigating circumstance:
     ISSUE NUMBER TWO:

        Do you find from the evidence the existence of one or more of the following mitigating circumstances?

        . . . .

        39. Any other circumstances arising from the evidence which one or more of you deems to have mitigating value.

        ANSWER: ________________________

The above passage conveys the statutory catchall language, see N.C.G.S. §15A-2000(f)(9), but omits the phrase “one or more of us finds the mitigating circumstance to exist,” which would normally follow the answer blank, see N.C.P.I.--Crim. 150.10 (1997).
    In the case of Mrs. Nicholson, the trial court's oral instructions included the following:
    [I]n considering Issue Two it would be your duty to consider, as a mitigating circumstance, any aspect of the defendant's character or record, and any of the circumstances of this murder that the defendant contends is a basis for a sentence less than death, and any other circumstances arising from the evidence which you deem to have mitigating value.

        . . . .

        If the evidence satisfies any of you that a mitigating circumstance exists, you would indicate that finding on the Issues and Recommendation form.

        . . . .

        In any event, you would move to consider the other mitigating circumstances and continue in a like manner until you have considered all of the mitigating circumstances listed on the form, and any others which you deem to have mitigating value. It is your duty to consider the following mitigating circumstances, and any others which you find from the evidence.

    At this point the trial court instructed the jury on which specific statutory mitigating circumstances it was to consider. It then instructed the jury as follows concerning nonstatutory mitigating circumstances:
        Now, you should also consider the following circumstances arising from the evidence which you find to have mitigating value.

        . . . .

        If one or more of you find by a preponderance of the evidence that any of the following circumstances exist, and also are deemed by you to have mitigating value, you would so indicate by having your foreperson write “yes” in the space provided.

        If none of you find the circumstance to exist, or if none of you deem it to have mitigating value, you would so indicate by having your foreperson write “no” in the space.

The trial court next set out each nonstatutory mitigating circumstance and gave an explanation of each. Finally, it instructed the jury regarding the catchall mitigating circumstance as follows:
        “You may consider any other circumstance or circumstancesarising from the evidence whi ch you deem to have mitigating value.”

        If one or more of you so find by a preponderance of the evidence you would so indicate by having your foreperson write “yes” in the space provided after this mitigating circumstance on the form.

        If none of you find any such circumstance to exist, you would indicate by having your foreperson write “no” in that space.

    Regarding the murder of Chief Hathaway, the trial court repeated all of the above instructions with the following exception: it did not separately instruct on the catchall circumstance, but instead instructed the jury to consider the catchall along with the nonstatutory mitigating circumstances, or in other words, to consider first whether the circumstances existed and then whether they had mitigating value.
    We note defendant concedes that he did not object to either the written Issues and Recommendation as to Punishment forms or to the oral instructions he now alleges were erroneous. Thus, we review for plain error. “In order to rise to the level of plain error, the error in the trial court's instructions must be so fundamental that (i) absent the error, the jury probably would have reached a different verdict; or (ii) the error would constitute a miscarriage of justice if not corrected.” Holden, 346 N.C. at 435, 488 S.E.2d at 531.
    As to the oral instructions in the case involving the murder of Mrs. Nicholson, we conclude as a preliminary matter that the trial court properly instructed the jury on its consideration of mitigating circumstances. The instructions as to Mrs. Nicholson “properly distinguished between statutory and nonstatutory mitigating circumstances and informed the jurors of their duty under the law.” Davis, 349 N.C. at 56, 506 S.E.2d at 485.
    We first address defendant's argument that the oral instructions did not allow the jury to correctly apply the standard for considering nonstatutory mitigating circumstances to the statutory catchallcircumstance. As noted in our discussion of defendant's previous argument, the trial court that fails to repeat its explanation of the mitigating circumstances for each of the charges against the defendant does not commit error. See Trull, 349 N.C. at 455-56, 509 S.E.2d at 196. Similarly, the trial court does not necessarily commit error when, as here, it fails to repeat identical instructions regarding the jury's consideration of mitigating circumstances. See id. at 455, 509 S.E.2d at 196. Even if we assume arguendo that the trial court erred by failing to repeat a separate instruction concerning the catchall mitigating circumstance, it does not rise to the level of plain error.
    In considering the catchall circumstance, the jurors must determine first whether the evidence presents any additional mitigating circumstances that are not detailed in either the statutory or nonstatutory mitigating circumstances previously given. If the jurors find any such circumstances, they must then engage in a further determination of whether those circumstances have mitigating value. See Green, 336 N.C. at 173, 443 S.E.2d at 32. Accordingly, consideration of mitigating value is an integral second step in the jury's evaluation of whether to find the catchall circumstance. See Davis, 349 N.C. at 55, 506 S.E.2d at 485 (the jury must assign value to a mitigating circumstance when it is determining “whether the statutory catchall or the nonstatutory mitigating circumstances exist”).
    In the case involving Mrs. Nicholson, where defendant admits these instructions were properly given, the jurors did not find the catchall circumstance. The jury, in similar fashion, did not find the catchall circumstance in the case involving Chief Hathaway, which included exactly the same mitigators. In total, the jury found thirteen of the thirty-nine mitigating circumstances presented in the case involving Chief Hathaway.   (See footnote 6)  We cannot say that the instructions in the instant case rise to the level of plain error just because the jury did not find the catchall mitigating circumstance. This is the case especially where, as here, defendant has produced no evidence to show that the jury's treatment of the catchall mitigator resulted from juror confusion. We will not disturb the jury's findings based on these factors. We hold that, viewed in their entirety and within the context they were given, the trial court's instructions as to the catchall mitigator presented the law fairly and clearly. See Rich, 351 N.C. at 393-94, 527 S.E.2d at 303. Like the trial court's instructions as to the case involving Mrs. Nicholson, these instructions “properly distinguished between statutory and nonstatutory mitigating circumstances and informed the jurors of their duty under the law.” Davis, 349 N.C. at 56, 506 S.E.2d at 485. Because defendant has not shown that “absent the error, the jury probably would have reached a different verdict,” there was no plain error. Holden, 346 N.C. at 435, 488 S.E.2d at 531.
    [25]Next, we address defendant's contention that the language on the Issues and Recommendation as to Punishment forms failed to explain the proper standard the jury was to apply. Defendant argues that the written forms made no distinction for the jury as to what standard to apply in determining whether the catchall mitigating circumstance existed by omitting the phrase, “one or more of us finds the mitigating circumstance to exist.” Defendant failed to object or call to the attention of the trial court the omission of the words he now says should have been included. Assuming arguendo that the trial court erred by omitting the final phrase after the answer blank for the catchall mitigating circumstance, the omission does not rise to the level of plain error such that the instructional omission “'had a probable impact on the jury's finding that . . . defendant was guilty.'” State v. Odom, 307 N.C. 655, 660, 300 S.E.2d 375, 378 (1983) (quoting United States v. McCaskill, 676 F.2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018, 74 L. Ed. 2d 513(1982)).
    As discussed above, the trial court properly instructed the jurors in the case concerning Mrs. Nicholson that they should write in the answer “yes” if one or more of them found the catchall circumstance existed. In the case involving Chief Hathaway, the trial court did not repeat this instruction, but as determined above, if any error was committed, it had no prejudicial impact.   (See footnote 7)  The jurors were given general written instructions on both forms, under Issue Two, which directed them to consider whether they found “from the evidence the existence of one or more of the following mitigating circumstances.” Each individual juror was to decide under the catchall instruction whether the evidence revealed the existence and mitigating value of any circumstances other than those explicitly listed. The failure of any juror to find such a circumstance based on his or her own personal review of the evidence does not necessarily mean the jurors misunderstood or misapplied the instruction. A defendant must present evidence more compelling than this before we will disturb the product of a jury's deliberations.
    Accordingly, given the trial court's oral instructions and the language on the forms, there was no reasonable probability that the omission of the final phrase, “one or more of us finds this circumstance to exist,” had any impact on the jurors' failure to find the catchall circumstance or on the verdict. Thus, any error in the written instructions did not rise to the level of plain error. Defendant's arguments concerning the (f)(9) catchall circumstance fail.
    [26]Defendant next argues that his constitutional rights were violated when the trial court granted the state's motion to submit North Carolina pattern jury instruction 105.40. He contends that the instruction violated his Sixth Amendment right to develop and present his own theory ofthe case free from outside interference.
    North Carolina pattern jury instruction 105.40, on impeachment of the defendant as a witness by proof of an unrelated crime, reads:
    When evidence has been received that at an earlier time the defendant was convicted of (a) criminal charge(s), you may consider this evidence for one purpose only. If, considering the nature of the crime(s), you believe that this bears on truthfulness, then you may consider it, together with all other facts and circumstances bearing upon the defendant's truthfulness, in deciding whether you will believe or disbelieve his testimony at this trial. It is not evidence of the defendant's guilt in this case. You may not convict him on the present charge because of something he may have done in the past.

N.C.P.I.--Crim. 105.40 (1986). Defendant testified during the guilt- innocence phase of the trial and was impeached by evidence of a previous conviction for assault on a female. The trial court gave the pattern instruction over defendant's objection. Defendant contends that the instruction forced him to explain the prior conviction to the jury, thus compelling him to adjust his defense to the strategy selected for him by the state.
    The Sixth Amendment protects the right of the defense to develop and present its own theory of the case without outside interference. Strickland v. Washington, 466 U.S. 668, 689, 80 L. Ed. 2d 674, 692 (1984). State interference with the assistance of counsel is presumed to result in prejudice. Id. at 692, 80 L. Ed. 2d at 696. As to the issue of jury instructions, we note that choice of instructions is a matter within the trial court's discretion and will not be overturned absent a showing of abuse of discretion. See Steen, 352 N.C. at 249, 536 S.E.2d at 14.
    The record contains no evidence that this instruction interfered with defendant's right to develop and present his own theory of the case. The prosecution was free to argue defendant's conviction to the jury for purposes of impeaching his testimony because it had properly elicited evidence of the conviction on previous cross-examination. The prior conviction was thus already subject to the jury's consideration. The trial court properly exercised its discretion in instructing the jury as to thelimited purpose for which the prior conviction could be used. See id. This argument therefore fails.
    [27]In his next argument, defendant contends that the trial court committed error when it denied his request to substitute language in North Carolina pattern jury instruction 206.10 on self-defense. Defendant contends that the trial court was obligated to give his instruction because he asked for it in a timely fashion and in proper form and because it was supported by the evidence.
    The trial court must give a requested instruction that is supported by both the law and the facts. State v. Conner, 345 N.C. 319, 328, 480 S.E.2d 626, 629, cert. denied, 522 U.S. 876, 139 L. Ed. 2d 134 (1997). The trial court commits no error by giving the instruction in substance even if it does not use the exact language requested. State v. Avery, 315 N.C. 1, 33, 337 S.E.2d 786, 804 (1985). As to a self-defense instruction in particular, this Court noted in State v. Watson, 338 N.C. 168, 449 S.E.2d 694 (1994), cert. denied, 514 U.S. 1071, 131 L. Ed. 2d 569 (1995), that “juries can better assess the propriety of the degree of deadly force used by defendant” when instructed in terms of the need to use deadly force rather than the need to kill. Id. at 182, 449 S.E.2d at 703. An instruction on the need to use deadly force is appropriate where supported by the evidence. Id. The Court in Watson went on to say that if the evidence shows that
    [the] defendant intended to use deadly force, to disable the victim but not to kill him, it would be appropriate to instruct in terms of the need to use deadly force, rather than the need to kill . . . .
        Where the evidence shows . . . an intent to kill rather than an intent to use deadly force, the trial court should instruct the jury . . . in terms of the need to kill.

Id. at 183, 449 S.E.2d at 703.
    Defendant requested that the language contained in footnote number four of North Carolina pattern jury instruction 206.10 on self-defense be given. This footnote advises the court to “[s]ubstitute 'to use deadlyforce against the victim' for 'to kill the victim' when the evi dence tends to show that the defendant intended to use deadly force to disable the victim, but not to kill the victim.” N.C.P.I.--Crim. 206.10 n.4 (1998) (citing Watson, 338 N.C. at 182-83, 449 S.E.2d at 703). Defendant maintains that the evidence in the present case supported the “deadly force” language rather than the “to kill” language because his only intent during the shootings was to escape from a volatile situation.
    Defendant testified that he did not shoot at either victim, but instead fired two shots into the floor of the trailer as he fled. His testimony indicated that he was scared, but defendant did not say that he fired the gun because of his fear. As detailed in a prior section of this opinion, defendant's evidence did not support a self-defense instruction at all, let alone a self-defense instruction with the “deadly force” language. See Reid, 335 N.C. at 671, 440 S.E.2d at 789. In contrast, the state's evidence tended to show that defendant, acting with premeditation and deliberation, shot with the intent to kill the victims. Defendant presented no evidence to show that his use of deadly force was intended only to disable, and not to kill, Chief Hathaway and Mrs. Nicholson. Therefore, even if the evidence had supported a self-defense instruction, an instruction on the need to use “deadly force” rather than “to kill” was not warranted. The trial court therefore did not err in failing to instruct the jury with the exact language defendant requested. See Avery, 315 N.C. at 33, 337 S.E.2d at 804. This argument fails.