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State v. Golphin8/25/2000
e of avoiding or preventing a lawful arrest, N.C.G.S. § 15A-2000(e)(4); (2) the capital felony was committed while the defendant was engaged in flight after committing robbery or while the defendant was engaged in the commission of armed robbery (Lowry's gun), N.C.G.S. § 15A-2000(e)(5); (3) the capital felony was committed against a law enforcement officer while engaged in the performance of his official duties, N.C.G.S. § 15A-2000(e)(8); (4) the murder for which defendant stands convicted was part of a course of conduct in which the defendant engaged and which included the commission by the defendant of other crimes of violence against another person or persons, N.C.G.S. § 15A-2000(e)(11); and (5) the capital felony was especially heinous, atrocious, or cruel, N.C.G.S. § 15A-2000(e)(9). In relation to Kevin's conviction for the murder of Deputy Hathcock as well as Tilmon's convictions for the murders of both officers, the jury found the following four aggravating circumstances to exist in each instance: (1) the capital felony was committed for the purpose of avoiding or preventing a lawful arrest, N.C.G.S. § 15A-2000(e)(4); (2) the capital felony was committed while the defendant was engaged in flight after committing robbery, N.C.G.S. § 15A-2000(e)(5); (3) the capital felony was committed against a law enforcement officer while engaged in the performance of his official duties, N.C.G.S. § 15A-2000(e)(8); and (4) the murder for which defendant stands convicted was part of a course of conduct in which the defendant engaged and which included the commission by the defendant of other crimes of violence against another person or persons, N.C.G.S. § 15A-2000(e)(11).
The trial court submitted four statutory mitigating circumstances as to each murder on Kevin's behalf. The jury found that one, defendant's age at the time of the crimes, N.C.G.S. § 15A-2000(f)(7), existed. The jury also found that one of the fifteen non-statutory mitigating circumstances, that Kevin "lacked parental involvement or support in treatment for psychological problems," submitted by the trial court on Kevin's behalf existed. The trial court submitted five statutory mitigating circumstances as to each murder on Tilmon's behalf. Again, the jury found that one, defendant's age at the time of the crimes, N.C.G.S. § 15A-2000(f)(7), existed. Of the thirty-six non-statutory mitigating circumstances submitted on Tilmon's behalf, the jury found none to exist.
After a thorough review of the record, including the transcripts, briefs, and oral arguments, we conclude the evidence fully supports all of the aggravating circumstances found by the jury. Further, we find no indication the sentences of death were imposed under the influence of passion, prejudice, or any other arbitrary factor. We therefore turn to our final statutory duty of proportionality review.
The purpose of proportionality review is to "eliminate the possibility that a person will be sentenced to die by the action of an aberrant jury." Holden, 321 N.C. at 164-65, 362 S.E.2d at 537. Proportionality review also acts " s a check against the capricious or random imposition of the death penalty." Barfield, 298 N.C. at 354, 259 S.E.2d at 544. In conducting proportionality review, we compare the instant cases with other cases in which this Court has concluded the death penalty was disproportionate. See McCollum, 334 N.C. at 240, 433 S.E.2d at 162. This Court has determined the death penalty to be disproportionate on seven occasions: Benson, 323 N.C. 318, 372 S.E.2d 517; State v. Stokes, 319 N.C. 1, 352 S.E.2d 653 (1987); State v. Rogers, 316 N.C. 203, 341 S.E.2d 713 (1986), overruled on other grounds by Gaines, 345 N.C. 647, 483 S.E.2d 396, and by Vandiver, 321 N.C. 570,
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