State v. Golphin8/25/2000
364 S.E.2d 373; Young, 312 N.C. 669, 325 S.E.2d 181; Hill, 311 N.C. 465, 319 S.E.2d 163; Bondurant, 309 N.C. 674, 309 S.E.2d 170; State v. Jackson, 309 N.C. 26, 305 S.E.2d 703 (1983).
Several factors lead us to the conclusion that the instant cases are not similar to the cases in which we have found a death sentence to be disproportionate. First and foremost, the evidence in this case reveals that defendants deliberately murdered two law enforcement officers for the purpose of evading lawful arrest. This Court has noted that the N.C.G.S. § 15A-2000(e)(4) and (e)(8) aggravating circumstances reflect the General Assembly's recognition that "the collective conscience requires the most severe penalty for those who flout our system of law enforcement." State v. Brown, 320 N.C. 179, 230, 358 S.E.2d 1, 33, cert. denied, 484 U.S. 970, 98 L. Ed. 2d 406 (1987).
The murder of a law enforcement officer engaged in the performance of his official duties differs in kind and not merely in degree from other murders. When in the performance of his duties, a law enforcement officer is the representative of the public and a symbol of the rule of law. The murder of a law enforcement officer engaged in the performance of his duties in the truest sense strikes a blow at the entire public -- the body politic -- and is a direct attack upon the rule of law which must prevail if our society as we know it is to survive. Hill, 311 N.C. at 488, 319 S.E.2d at 177 (Mitchell, J. (later C.J.) concurring in part and dissenting in part), quoted with approval in McKoy, 323 N.C. at 46-47, 372 S.E.2d at 37.
Second, defendants were each convicted of two counts of first-degree murder. This Court has never found a sentence of death disproportionate in a case where the jury has found a defendant guilty of murdering more than one victim. See State v. Goode, 341 N.C. 513, 552, 461 S.E.2d 631, 654 (1995). Third, defendants' convictions for the murders were based on the theory of premeditation and deliberation. This Court has stated, "The finding of premeditation and deliberation indicates a more cold-blooded and calculated crime." Artis, 325 N.C. at 341, 384 S.E.2d at 506. Fourth and finally, as to each murder conviction, the jury found these two aggravating circumstances: (1) " he capital felony was committed while the defendant was engaged, or was an aider or abettor, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any homicide, robbery, rape or a sex offense, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb," N.C.G.S. § 15A-2000(e)(5); and (2) " he murder for which the 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). In addition, in relation to Kevin's conviction for Trooper Lowry's murder, the jury also found that " he capital felony was especially heinous, atrocious, or cruel," N.C.G.S. § 15A-2000(e)(9). There are four statutory aggravating circumstances which, standing alone, this Court has held sufficient to support a sentence of death. See Bacon, 337 N.C. at 110 n.8, 446 S.E.2d at 566 n.8. The N.C.G.S. § 15A-2000(e)(5), (e)(9), and (e)(11) statutory aggravating circumstances are among those four. See id. For these stated reasons, we conclude this case is not substantially similar to any case in which this Court has found the death penalty disproportionate.
We also compare the instant cases with the cases in which this Court has found the death penalty to be proportionate. While we review all of the
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