North Carolina v. Porter5/10/1990
In the early hours of Sunday, 23 March 1986, defendant shot and killed his girlfriend, Jeanie Brooks, inside the Oak Ridge Club, a Lumberton nightclub. A jury convicted defendant of first-degree murder and recommended the death sentence. The trial court sentenced in accordance with the recommendation. We find no error in the guilt phase of the trial. However, for reversible error in the sentencing proceeding, we remand for a new sentencing hearing.
At about 5:00 p.m. on Saturday, 22 March 1986, witnesses saw defendant in the company of Jeanie Brooks. Pointing in the direction of Jeanie, defendant stated, "I spent my money on the s--of-a-b-- and I'll kill her before the nights over." Carl Locklear noticed at the time that defendant had a small-caliber pistol hidden in his boot.
Later in the evening, around 10:30 p.m., witnesses saw defendant and Jeanie Brooks together at the Oak Ridge Club. When Jeanie left defendant's table to speak with friends, defendant asked a companion, Ventris Brooks, "Now, lookie there, what would you do to somebody like that who plays you for a g--d-- fool." On her return, defendant told Jeanie, "What do you expect you playing me for a g--d-- fool. You don't play me for a g--d-- sucker. . . . I'll blow your g--d-- brains out." When Jeanie later asked her uncle, Ventris Brooks, to dance with her, defendant told her she was to "dance with no g--d-- body. You're here with me." Defendant again told Jeanie he would "blow her d-- brains out." At the time of the killing, Jeanie was twenty-two years old, and defendant was sixty-one.
Ventris Brooks testified that when he entered the club at 10:30 p.m., employees of the club had searched him for weapons
pursuant to club policy. According to club owner Edna Locklear, patrons were asked to take all discovered weapons back to their car.
At about 11:50 p.m., Jeanie left the club in the company of her nineteen-year-old first cousin, Ronnie Revels. They sat in his car for about fifteen minutes, smoking marijuana. Revels and Jeanie reentered the club shortly after they observed defendant step outside and approach his own car, which was parked alongside Revels'. Revels testified that although he had been searched for weapons when he had first arrived at the club at about 11:00 p.m., he and Jeanie were not searched when they reentered the club.
Nick Locklear, the club parking lot attendant, testified that defendant came outside seeking help to break into his car. Defendant stated that his keys were locked inside the automobile and that he needed something to knock the window out. Locklear saw defendant knock out a window, open the right front door, and retrieve an unknown object from beneath the car seat. Locklear then saw defendant return in the direction of the club entrance.
Meanwhile, Jeanie approached Gary Carter and asked if he wanted to dance. Earlier in the evening, Carter had asked Jeanie to dance, but defendant had interrupted and said that she did not want to dance. As Carter and Jeanie danced, defendant went to the dance floor, grabbed Jeanie by the arm, and told her she was not to dance with anyone else but him. Carter left the dance floor. As Carter proceeded to leave the club with his wife, he heard shots fired.
The club owner, Edna Locklear, saw defendant trap the seated Jeanie against a table and pull a pistol from his boot. Defendant threatened Locklear with the pistol, then, placing it three inches from Jeanie's stomach, fired either two or three shots. Immediately, defendant wrapped a hand in his victim's hair, pulling her out of her chair. Backing her against a wall, defendant brandished his pistol at the crowd of 215 to 220
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