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North Carolina v. Robinson5/6/1994
one involved facts considerably more egregious than those in Rogers. Id. at 236, 341 S.E.2d at 733.
In State v. Young, a robbery-murder case, this Court took notice that the facts of the case "more closely resembled those cases in which the jury recommended life imprisonment than those in which the defendant was sentenced to death." Young, 312 N.C. at 688, 325 S.E.2d at 193. We specifically stated that we had reviewed the armed robbery cases in which this Court had affirmed the death penalty, but concluded that we were "convinced that defendant Young did not commit a crime as egregious as those." Id. at 691, 325 S.E.2d at 194.
In State v. Hill, the defendant shot a police officer while engaged in a struggle near defendant's automobile. We specifically found that the crime was not especially heinous, atrocious, or cruel; was not of a torturous, sadistic, or bloodthirsty nature; was not part of a violent course of conduct; was not committed in the perpetration of another felony; and that there was no evidence that the defendant calculated or planned the commission of the crime. Hill, 311 N.C. at 478, 319 S.E.2d at 171. In addition, we noted that some of the eyewitness testimony was "less than crystal clear," id., and concluded:
Given the somewhat speculative nature of the evidence surrounding the murder here, the apparent lack of motive, the apparent absence of any simultaneous offenses, and the incredibly short amount of time involved, together with the jury's finding of three mitigating circumstances tending to show defendant's lack of past criminal activity and his being gainfully employed, and the unqualified cooperation of defendant during the investigation, we are constrained to hold as a matter of law that the death sentence imposed here is disproportionate within the meaning of G.S. 15A-2000(d)(2).
Id. at 479, 319 S.E.2d at 172.
In State v. Bondurant, the defendant inexplicably shot his friend in the head with a pistol after taunting the victim, saying, "'You don't believe I'll shoot you, do you?'" Bondurant, 309 N.C. at 677, 309 S.E.2d at 173. Immediately after shooting the victim, however, defendant directed that the victim be taken to the hospital
and accompanied him there. While at the hospital, defendant spoke with police officers about the incident. In Bondurant, we held that the sentence of death did "'not rise to the level of those murders in which we have approved the death sentence upon proportionality review.'" Id. at 693, 309 S.E.2d at 182 (quoting State v. Jackson, 309 S.E.2d at 46, 305 S.E.2d at 717). We noted that defendant did not kill the victim in the perpetration of another felony, that he did not coldly calculate the commission of the crime for a long period of time, and that it was not a torturous murder. Id. In addition, we found it important that "immediately after he shot the victim, [defendant] exhibited a concern for [the victim's] life and remorse for his action by directing the driver of the automobile to the hospital." Id. at 694, 309 S.E.2d at 182.
In State v. Jackson, the defendant flagged down the victim's car and rode off with him after telling his companions that he intended to rob the man. The defendant met up with his companions later and told them that he had robbed and killed the man. The victim was later found dead in the automobile. In finding that the sentence of death was disproportionate,
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