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State v. Stokes11/15/2005
Michael Tyrone Stokes ("defendant") appeals from judgment entered after a jury found him to be guilty of felonious fleeing to elude arrest. We find no error.
I. Background
In the early morning hours of 2 September 2000, Greensboro City Police Officer Jeff Mercer ("Officer Mercer") responded to a call reporting a domestic dispute at an apartment complex. Upon arrival, Officer Mercer began to speak with a black male who was walking away from the residence. As they spoke, defendant approached Officer Mercer and began to interrupt him while holding an object in his hand. Officer Mercer testified defendant wasangry and that he believed defendant intended to assault the other individual. Officer Mercer told defendant to "back off" and threatened to use Mace. Defendant complied and walked away toward the apartment.
Defendant's estranged wife approached Officer Mercer and identified herself as the person who had made the call. As Officer Mercer interviewed defendant's wife, defendant left the scene in a red pickup truck yelling threats. Officer Mercer contacted Officer T.D. Dell ("Officer Dell") by radio and requested he intercept defendant at the apartment complex. Officer Dell was unable to intercept defendant there but followed him onto eastbound Interstate 40. The speed limit on Interstate 40 was fifty miles per hour due to a construction zone. Officer Dell estimated defendant was traveling approximately seventy-five miles per hour. Officer Dell activated his lights and siren and initiated a traffic stop. Defendant drove one-half mile before pulling over onto the shoulder.
Officer Dell testified that upon approaching defendant's vehicle he noticed a strong odor of alcohol, and that defendant's eyes were very red and glassy. Defendant gave Officer Dell his driver's license upon request, and Officer Dell returned to his patrol car to wait for other officers to arrive. Once other officers arrived, Officer Dell returned to defendant's vehicle and asked defendant if he had been drinking. Defendant denied that he had. When Officer Dell asked defendant to step out of his vehicle, defendant put the truck into gear and attempted to leave the scene.
As defendant pulled away, Officer Dell's hand became pinned inside defendant's truck. Officer Dell jumped into the cab of the truck through the window. His body armor prevented him from getting the lower half of his body into the truck. Defendant began striking Officer Dell to prevent him from reaching the keys. The truck attained a speed of approximately 45 to 50 miles per hour and traveled approximately one-half mile with Officer Dell hanging out of the window. Defendant was "extremely belligerent, shouting "F--k you. F--k you. F--k you. You're going to die. Get the f--k out of my truck." Defendant's demeanor suddenly changed and he said, "It just doesn't matter. It just doesn't matter." At that point, Officer Dell was able to switch off the ignition and the truck coasted to a stop. Officer Dell testified that defendant's speech was "very thick tongued, mush mouthed, very hard to understand at times."
When the other officers arrived, defendant again became angry. Three officers forcibly removed him from his truck. Defendant was transported to the Guilford County Detention Center where he was administered a breath analysis examination, which registered a blood alcohol level of .12. Defendant became belligerent and refused a second test.
At trial, defendant admitted to having six or seven beers at a bar prior to the incident. Defendant also admitted that he had violated a protective order by going to his wife's residence. Defendant moved to dismiss at the close of the State's eviden
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