State v. Yates – South Carolina
Nature of the Case
This was an appeal from a death sentence.
Facts
David Loftis, Henry Davis, and Yates (D) talked about various places to rob and rode around to case potential victims after borrowing a gun from Yates’s brother. Yates and Davis left Loftis at a shopping mall and drove to Wood’s rural store for the purpose of committing an armed robbery. Yates was armed with a pistol and Davis with a knife. They took $3,000 from Wood who was alone and in charge of the store operation. Yates shot Wood but not fatally when Wood failed to cooperate to Yates ’s satisfaction. Wood’s mother then appeared and Yates ran out of the store and Davis stabbed Wood’s mother to death with the knife. Wood then succeeded in obtaining a gun and killed Davis. Yates was caught later after he drove off and hid the money.
Yates testified on his own behalf at trial and contended that he did not kill the mother and that it was his intent to abandon the robbery if they met resistance. Yates was convicted and sentenced to death. Yates appealed on the grounds that the prosecutor normally sought the death penalty only against the triggerman.
Issue
- Can a judge enjoin a prosecutor from seeking the death penalty for a nontriggerman?
Holding and Rule of Law
- No. A judge cannot enjoin a prosecutor from seeking the death penalty for a nontriggerman.
Yates requested the trial judge to charge the jury to consider that Yates did not kill the victim. The judge was not required to do this and Yates had every right to disclose this before the jury and in trial. The trial judge did charge the jury that Yates asked that the jury consider that he was an accomplice to murder committed by another person and his participation was relatively minor and that he did not personally strike the fatal blow. This instruction was proper. The trial judge’s findings in this case are supported by the facts.
We agree that under these circumstances, the death penalty is warranted and that it was not the result of prejudice, passion or any other arbitrary factor. These facts are similar to cases wherein the death sentence has been handed down and only diverge insofar as Wood did not die but instead seized a gun and fought off Davis. It is sufficient that Yates displayed the same intent and followed the same pattern of preparation as defendants in other murder cases.
Disposition
Affirmed.