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State v. Knight7/28/1995
lbert arrived at the party. Shortly thereafter, Smith approached Doby and asked him to drive Smith, Gilbert, and defendant up the road to pick up the victim. The men planned to beat up the victim in a local park. Doby got in the front seat of his truck, and the other men got in the back. Doby drove to the Circle K. Smith got out of the truck and talked to the victim, who agreed to go off with the other men. The victim got in the passenger side of the truck, and the men drove to another local store to buy beer. At this time the victim tried to get out of the truck, but defendant had his hand on the victim's shoulder and told him to get back in the truck.
Doby drove his truck to the Greenway in Washington Park. Doby drove down the Greenway to a clearing, turned around, and parked on the pathway facing out of the park. When he turned the truck lights off, he was still able to see what was going on outside the truck. He testified that the area was well lit from nearby streetlights, the moon, and lights from a Duke Power supply lot located across the street from the park. Doby testified at trial that he could see all the other persons present, the path, and the clearing where the truck was parked.
After he parked the truck, Doby got out and walked around to the back of the truck. Gilbert told Doby to get back in the truck. The victim had not yet exited the truck, and Doby heard defendant ask him to do so. Doby testified that the victim was visibly drunk and difficult to understand. The victim stepped out of the truck and put his hands on the side of the truck. Defendant told the victim to step away from the truck; and when he refused, defendant hit him in the jaw. Defendant elbowed him in the chest, and the victim started to fall. Gilbert had a knife in his hands and started stabbing the victim. Doby saw Gilbert make several slashing motions and heard Gilbert claim that he had stabbed the victim three times before he hit the ground. Smith kicked and beat on the victim after he had fallen to the ground. Once the attack started, Doby heard the victim grunt a few times; and then he was quiet.
After this initial attack on the victim, Smith and Gilbert got back in the truck; and Doby rolled it approximately fifteen feet down the Greenway. Defendant continued to beat on the victim and asked Gilbert for the knife. Doby saw defendant stab the victim repeatedly before returning to the truck. When he returned to the truck, defendant claimed he had stabbed the victim thirteen or fourteen times with the knife. Doby saw defendant wipe the blood off his hands and the knife with the victim's hat. Gilbert threw the knife out of the truck during the trip back to the party on Academy Street. The men made a pact not to tell anyone about the murder.
Approximately one hour later, defendant asked Doby for a ride to defendant's house. Defendant went inside and retrieved a hunting knife, which was approximately eleven inches long. He asked Doby to drive him back to the Greenway so he could make sure the victim was dead. Doby drove defendant back to Washington Park and dropped him off. Doby circled the block twice and then picked defendant up on Broad Street. At that time he noticed that defendant had a great deal of blood on his hands. Defendant still had the knife with him.
Defendant got into the truck and told Doby that the victim had still been alive. Doby testified that defendant told him that the victim had been asking for help and that he had kicked the victim in the head. Next, defendant claimed he took his knife and stuck it in the victim's neck and twisted it, a trick his father had learned in Vietnam. Defendant told the victim, " --- you, n///--. You don't deserve help." Then
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