State v. Moose – North Carolina
Nature of the Case
This was an appeal from a death sentence.
Facts
A surviving witness named Kincaid testified that a pickup truck stalked the car in which he and Ransom Connelly were riding. When they pulled off the road the barrel of a shotgun emerged from the window side of the of the passenger seat and then fired, killing Connelly. Moose (D) told the court that the gun had gone off accidentally. An occupant of the car testified to the shotgun blast but did not exonerate Moose.
Bowen, Moose’s cellmate, testified as to Moose’s statements to him in prison, including that he expressed no regrets for his actions, and Moose’s racist remarks about the victim and how he wished he had shot the arresting officers. Moose was found guilty and the jury found two aggravating circumstances; that the murder was especially heinous, atrocious and cruel and that Moose put more than one person at great risk of death with a device that would normally be hazardous to the lives of more than one person. The jury recommended the death sentence. Moose appealed.
Issue
- Is the use of a shotgun to murder a per se indication of aggravating circumstances because the lives of more than one person would be at risk if such a weapon were used?
Holding and Rule of Law
- Yes. The use of a shotgun to murder is a per se indication of aggravating circumstances because the lives of more than one person would be at risk if such a weapon were used.
A shotgun falls within the category of weapons covered by the statute, and there was sufficient evidence from which the jury could conclude that Moose knowingly created a great risk of death to Ransom Connelly and Kincaid by means of a weapon or device which would normally be hazardous to the lives of more than one person. The use by the prosecution of Moose’s racial bias to show that the killing was racially motivated was supported by the evidence at trial.
We find no error in that portion of the case. However, we find error in the finding that there was sufficient evidence to support the state’s theory that Connelly suffered excessive psychological torture as he was being ’stalked for the kill.’
Dissent (Martin)
I agree with the shotgun analysis but disagree with the psychological torture. The blatant murder of a black man by this white defendant was racially motivated. A racially motivated murder evidences abnormal brutality and depravity not found in other murders. It is especially heinous, atrocious and cruel. Even though asked by his passenger to give up pursuit, Moose continued to follow his intended victims. Moose repeatedly honked his horn and bumped into the rear of the car at least twice. The evidence from Bowen supports a finding that Moose murdered for racial reasons. His use of racial epithets shows his hatred for black people and he was not sorry for the murder but only regretted being in jail. There was sufficient evidence to show that Ransom was in panic because of Moose’s conduct and that he suffered psychological torture because of that conduct.