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State v. Gaines4/11/1997
PARKER, Justice.
Defendants were tried jointly and capitally for the first-degree murder of Charlotte Police Officer Eugene Anthony Griffin. The jury found both defendants guilty of first-degree murder and recommended a life sentence for each defendant.
The State's evidence at trial tended to show that in November 1991 the victim, Eugene Anthony Griffin, had a full-time job as a Charlotte police officer and also worked as a security guard for a Red Roof Inn motel in Charlotte, North Carolina. On 21 November 1991 defendants Allen Lorenzo Gaines and Bryan Cornelius Harris, along with Mustafa Coleman, went to the Red Roof Inn to see Anthony Williams. The victim intercepted the three men on the motel stairwell, identified himself as a police officer, and told them that there was not going to be a party and that only one of them could go up to see Williams. When Gaines became argumentative, the victim grabbed Gaines by the jacket collar and told him to leave the property. The three men got into their car, yelled obscenities, and drove away. As the men left the motel, Gaines told Harris and Coleman that he was going to "get" the victim. Harris said, "do you want the twelve gauge"; and Gaines replied, "yes."
The three men went to the apartment of Sandra Carrington, where Harris retrieved a shotgun. The men then drove back to the motel . Gaines parked the car in the State Farm Insurance parking lot which was located behind the motel, walked through the woods to the back of the motel, put a woman's stocking on over his face, then went into the motel office with the shotgun and shot the victim in the chest. Gaines returned to the car, and the three men drove away. Harris later hid the shotgun under his house.
Immediately after the shooting the victim called for help on his police radio. Kevin Penegar, the night auditor and front desk clerk at the Red Roof Inn, called 911. Officers Beverly Stroup and Fred Allen responded to the victim's emergency call. The victim told Stroup that he had been shot by "the same guys had trouble with earlier." The victim described the suspects, described the vehicle driven by the men, and recited a license-tag number. The victim also said, "Tell [my wife] that I love her." The victim died later that night of a gunshot wound to the chest and abdomen.
Sandy Bolton, a guest at the motel , testified that she heard a gunshot, looked out her window, and saw three men running through the parking lot.
Defendant Gaines testified on his own behalf. He said that after the original altercation with the victim, he left the motel crying because the officer had hurt his feelings. Gaines testified that the three men returned to the motel in order to scare the victim. He stated that he was planning to shoot into the air in the motel parking lot and never intended to shoot the victim. He put a woman's stocking over his face so that the victim would not recognize him. Gaines testified that he walked through the woods to the motel while Harris and Coleman remained near the car. He said that when he stepped in front of the motel lobby door, he saw the victim drawing his gun. Gaines stated that he was trying to get away when the gun went off; he did not remember pulling the trigger.
Defendant Harris presented no evidence.
ISSUES RAISED BY DEFENDANTS GAINES AND HARRIS
Defendants first argue that it was error to deny their motions to suppress evidence of statements and physical evidence. A suppression hearing was held before Judge Forrest A. Ferrell on defendants' motions on 21 June 1993. The State's evidence at the hearing tended to show the following: Sergeant Richard Sanders was in charge of the
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