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[T] State v. Jones6/17/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
David Lee Jones ("defendant") appeals from his convictions of one count of felonious speeding to elude arrest, one count of first-degree kidnapping, two counts of first-degree rape, and one count of assault with a deadly weapon on a government official. For the reasons stated herein, we find no error by the trial court.
At trial, the State presented evidence tending to show the following: On 9 May 1999, defendant approached the victim, as she was walking on the beach, and asked her if she had seen his son. The victim informed defendant that she had not seen his son and continued to walk. Defendant then approached the victim from behind and placed a knife against her throat. The victim attempted to free herself from defendant; however, he held her arms behindher back and forced her to walk under the boardwalk on the beach. While under the boardwalk, defendant raped the victim. Defendant then removed his shirt, cut it into "strips," tied the victim up and left. Defendant returned to the victim's location and physically placed her inside his vehicle and drove away from the beach. Defendant then stopped his automobile and again raped the victim.
Officer William Kenna ("Officer Kenna") was on patrol when he observed defendant's vehicle operating below the speed limit and crossing the "dotted line" on the freeway. Upon observing defendant's driving pattern, Officer Kenna activated his blue lights in order to stop defendant for a traffic violation. Defendant responded to the traffic stop by pulling his vehicle over; however, when Officer Kenna approached the vehicle defendant drove away at a high rate of speed. Officer Kenna, Officer Paul Terry ("Officer Terry"), and Officer Benjamin Deanes ("Officer Deanes") then pursued defendant. As defendant attempted to flee the officers, his vehicle collided with Officer Deanes' patrol vehicle. The impact of the collision caused defendant's vehicle to spin in a backward direction and the victim "jumped" out of defendant's automobile. Defendant also exited his vehicle and fled on foot from the officers.
As defendant ran from the officers, Officer Kenna "tackled" him and defendant became physically combative. The officers gained control of defendant, placed him in handcuffs and arrested him for driving while intoxicated and speeding to elude arrest. Defendantand the victim were transported to the Outer Banks Medical Center ("the medical center"). While at the medical center, Officer Kenna informed defendant of his rights to breathalyzer and blood testing for the detection of alcohol and drugs. Defendant refused the tests.
Detective Kevin Brinkley ("Detective Brinkley") responded to the medical center in order to investigate a report from the victim of sexual assault by defendant. During his investigation, Detective Brinkley requested that defendant voluntarily provide blood, hair, and saliva samples for a "rape suspect kit." Defendant informed Detective Brinkley that he would not submit to testing for detection of alcohol or drugs. Thereafter, Detective Brinkley informed defendant that the samples would be used to investigate the sexual assault report. Detective Brinkley further advised defendant that if he did not voluntarily give the requested samples, a search warrant would be issued. Defendant then complied with Detective Brinkley's request and provided samples of blood, hair, and saliva.
On 2 August 1999, defendant was indicted for felonious speedin
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