I DEDICATED SUNDOWN BY GORDON LIGHTFOOT TO THIS ENTRY. THE SONG IS ONE OF MY ALLTIME FAVORITE SONGS. LIGHTFOOT IS AN AMAZING SONGWRITER. WHEN ASKED WHAT THE SONG WAS ABOUT GORDON LIGHTFOOT IS QUOTED AS SAYING....
"All it is, is a thought about a situation where someone is wondering what his loved one is doing at the moment. He doesn't quite know where she is. He's not ready to give up on her, either, and that's about all I got to say about that."
SO WHEN ITS PUT IN THAT CONTEXT. IT KINDA FITS.....
ALSO I HAD TO START MODERATING THIS BLOG COMMENTS BECAUSE A GROUP OF LOW LIFE INBREDS STARTED ATTACKING MEGAN'S CHARACTER. NOW I KNOW NONE OF YOU ARE MAN ENOUGH TO SAY ANYTHING LIKE THAT IN PERSON. YOU FEEL TOUGH ON YOUR KEYBOARDS. THAT'S FINE. OH AND MSDOXMA, NO MATTER HOW MANY TIMES YOU CONTINUE TO TRY AND COMMENT. I'M NOT PUBLISHING IT BITCH. YOU'D THINK AFTER LIKE THE 8TH TIME YOU'D STOP TRYING. YOU'D ALSO THINK YOU'D HAVE BETTER THINGS TO DO. LIKE GOING TO THE GYNO OR SOMETHING. NOW DAWN FOGLESONG IS SWEET AND CLASSY. AND SHE WON'T SAY ANYTHING MEAN BACK. LUCKILY I HAVE ENOUGH SHIT TALK FOR BOTH OF US. ONE MORE THING. FOR THOSE WHO DON'T CARE FOR MY LANGUAGE AND HOW I CONDUCT MYSELF. THERE IS A DISCLAIMER AT THE TOP OF MY BLOG'S HOMEPAGE FOR A REASON. IF YOU DON'T LIKE IT. DON'T READ MY BLOG. SIMPLE AS THAT.
SUNDOWN
GORDON LIGHTFOOT
“The last time I talked to her was the day before Thanksgiving,” said Megan’s stepmother, Dawn Foglesong
A report she was last seen on Christmas at a liquor store in Larned “didn’t pan out,”
Though reported missing in November, the investigation took on more earnestness in February, Treaster said, “after we got information creating suspicion.” He declined to reveal more.
* On Feb 26th (2017) a search warrant was issued on David Madden's house. There has been no updates since the search.
UPDATE: 6/19/2019
Copied and Pasted Kake.com article from link above
Suspect, father dead after shooting of Kansas sheriff and undersheriff
Posted: Apr 29, 2019 7:06 PM EDTUpdated: Apr 30, 2019 2:25 PM EDT
STERLING, Kan. (KAKE) -
11:15 a.m.
The Kansas Bureau of Investigation says the 37-year-old man accused of shooting the Rice County sheriff and undersheriff is dead following a standoff.
Authorities located the body of David Madden inside a home at 420 Avenue S in Raymond at around 12:10 a.m. Tuesday. The KBI believes Madden also fatally shot his father, 65-year-old Thomas Madden.
"The investigation suggests that when Madden shot the Undersheriff, a female and a child accompanied him in the vehicle," the KBI said in a news release. "Madden then fled the area and drove to his residence in Alden to retrieve guns and ammunition. He then went to his father’s home, where it is believed he fatally shot Thomas Madden prior to the Sheriff and deputy arriving. Then it is believed the female left the scene. A short time later, when the Sheriff arrived, which was at approximately 5:40 p.m., he was fired upon and shot in the leg."
Madden then exchanged gunfire with additional responding officers and fled to the home in Raymond. The KBI said Madden likely died of a self-inflicted gunshot wound.
Undersheriff Chad Murphy remains critical but stable condition. Sheriff Bryan Evans has since been released from the hospital.
David Madden was a suspect in the 2015 disappearance of Megan Foglesong, and was also indicted last week on federal firearms charges.
The investigation is ongoing.
10:30 a.m.
Authorities plan to release more information in the shooting of a Kansas sheriff and undersheriff as well as the discovery of two bodies found after a standoff that followed the shooting.
The KBI will hold a news conference at 11 a.m. Tuesday. We'll carry it live on KAKE News at 11 and at kake.com/watchlive.
The KBI says Rice County Undersheriff Chad Murphy was shot and critically wounded around 5 p.m. Monday after attempting to stop a car driven by 37-year-old David L. Madden north of Sterling. Sheriff Bryan Evans and a deputy then pursued the suspect to a home in a nearby town, where the sheriff was shot in the leg in an exchange of gunfire.
Two bodies were found in the home after a standoff that followed the shooting. Their identities were not released, but the KBI said there is no longer any danger to the community.
2 a.m. Tuesday:
The Kansas Bureau of Investigation says the threat to the public is over, following the discovery of two bodies inside a home in rural Rice County.
Authorities said the bodies of two men were found inside of a home in rural Rice County that law enforcement had surrounded following the shooting of the Rice County sheriff and undersheriff.
Authorities have not identified he bodies. No one else was inside the home.
The Kansas Bureau of Investigation said in a news release that the Rice County Undersheriff Chad Murphy was shot and critically wounded around 5 p.m. Monday after attempting to stop a car north of the small town of Sterling, about 70 miles northwest of Wichita.
The release says Sheriff Bryan Evans and a deputy then pursued the suspect to a home in a nearby town, where the sheriff was shot in the leg in an exchange of gunfire.
Several persons of interest have been interviewed in the case. Crews continue to search the home.
9:15 p.m. Monday:
The search for a man who shot the Rice County sheriff and undersheriff continues in Rice County.
In a news release, the Kansas Bureau of Investigation said the shootings happened at two locations in Rice County.
The suspect has been identified as 37-year-old David L. Madden.
Undersheriff Chad Murphy was shot in the neck around 5:10 p.m. during a traffic stop across the street from the Sonic in Sterling. Murphy radioed dispatch that he had been shot.
Shortly afterward, Rice County sheriff's deputies tracked Madden to a residence southeast of the town of Raymond where Sheriff Bryan Evans was shot in the leg during a shootout.
Authorities have surrounded the home.
Both Evans and Murphy were flown to Wichita. Murphy is in critical condition, but he is stable. Evans is in good condition.
7:30 p.m.
The Rice County Sheriff and Undersheriff have been wounded in a shooting.
It happened around 5:15 p.m. Authorities say Undersheriff Chad Murphy was shot in the neck following a traffic stop across the street from the Sonic in Sterling. Sheriff Bryant Evans was shot in the leg, although the details of when and where he was shot haven't been revealed. Both men were transported to a Wichita hospital. Undersheriff Murphy is in critical but stable condition, Sheriff Evans is in good condition.
The suspect has been identified as 37-year-old David L. Madden. Multiple agencies have a house southeast of Raymond surrounded where they believe the suspect is located.
Thankfully both officers have since recovered.
Tom Madden-RIP He was a good man. Unlike his son.
Court Documents
I harassed the hell outta this guy the prior months. And I don't give a shit if anyone blames me for him "Losing it". The guy was a straight up Piece Of Shit. And if ANYONE has issues with me saying that. Hit me up either via email or on FB. Odds are if you're offended by me saying that. You're a Piece Of Shit as well. Here
are some of my greatest hits....
I commented on his timeline
Additional
Update At The Bottom. (After The Entry)
Megan Renee Foglesong
Date of Birth: 1/20/1994
Missing: Late Nov/Early Dec of 2015 (Her last activity on Facebook was 11/30/2015)
Missing From: Alden, Kansas (Megan was formerly of Oneida, Illinois)
Age:23
Height: 5'4 Weight: 150lbs (Fluctuates between 150-170lbs)
Hair: Sandy Blonde (Does occasionally dye her hair)
Eyes: Green (Has glasses and contact lenses)
Tattoos: Infinity Sign on Right Chest, Flower on Left Hip, Dream Catcher on Left Calf, Heart on Left Wrist that reads "Thick Thin".
Scars: Long Scar on Right Thigh. (Received 19 stitches as a kid)
Piercings: Ears, Tongue, and Belly Button.
“The last time I talked to her was the day before Thanksgiving,” said Megan’s stepmother, Dawn Foglesong
The Vanished Episode
* Megan was from Oneida, Illinois but moved to Alden, Kansas.
* Megan's Biological Mother Pam Lewis lives in Kansas.
* Megan's stepmom Dawn Foglesong and her biological father Todd have led the way in the search for their daughter.
* Was at the time in a relationship with David Madden who she met through her mother Pam.
* David Madden was once romantically involved with Megan's biological mom Pam.
* Megan was frequently physically and psychologically abused by David.
* David Madden once kidnapped Megan, Placed her in a straight jacket at gunpoint, and threatened to beat her.
* David and Megan had broken up several times due to her being abused.
* Was reported missing on 2/10/2016. Megan's lifestyle was the reason why there was a delay in reporting her missing. She was known to be spontaneous. But she never went extended lengths of time without contacting family or friends.
* November 30th she replied to a message a friend stating she was at her boyfriend's house again. (David Madden)
* On December 1st David Madden informed the local Sheriff that Megan had stolen from him and that they had got into an argument and she left.
* On December 7th a friend she had received help from during Thanksgiving received a text reply stating "I'm fine." The friend is not sure that the text was from Megan.
* Rice County Sheriff's Department was originally investigating the case. It has since been handed over to the Kansas Bureau of Investigation.
* KBI have confirmed that they believe Megan Foglesong is the victim of foul play
* Police state that Megan's phone records are a dead end since she had a prepaid phone number. Apparently her prepaid carrier doesn't keep records after 10 days.
* One of Megan's friends Angie Montgomery stated she received a call from Megan requesting her to pick her up. And that Megan was walking along a rural road in the rain. The friend was unable to do so at the time.
* Police have searched a farm and the Arkansas River based on tips received.
* There has been insinuation that Megan's disappearance is also connected to another missing persons case. (Charles McHenry)
* Pam was interviewed briefly for The Vanished Podcast and one thing that is interesting is she kept referring to Megan in the past tense. Like she knew her daughter was dead.
* Pam stated she was informed that Megan left to go to Colorado with someone else. (With one of David's friends)
* Pam has stated that she doesn't believe that David had anything to do with Megan's disappearance. She believes that its one of David's friends.
* Its said that Megan's relationship with her mother Pam was competitive.
* Pam was known as a "Party Mom".
* Dawn was informed by two of Megan's friends that Megan informed them that if she ever came up missing David did it.
* Not long after Megan disappeared one of David's friends had committed suicide. There was speculation that he may have known something about her disappearance. Friend being Cody Wayne Bryant.
* David will not speak to Megan's Family or help with searching for her.
* There was an unconfirmed sighting around Christmas at Guy's Liquor in Larned, Kansas. (This tip according to authorities "Didn't pan out".)
A report she was last seen on Christmas at a liquor store in Larned “didn’t pan out,”
Though reported missing in November, the investigation took on more earnestness in February, Treaster said, “after we got information creating suspicion.” He declined to reveal more.
* On Feb 26th (2017) a search warrant was issued on David Madden's house. There has been no updates since the search.
Megan and her mom Pam Lewis on the left.
David
Madden
(Piece
Of Shit)
Barton County Sheriff’s Office Service Log (12/3)
Kidnapping
At 5:06 p.m. at 464 SE 110 Avenue there was a report of David Madden kidnapping his ex-girlfriend Megan against her will and they are en route to Alden. Advised the subject has taken her before by gunpoint and placed her in a straight jacket and threatened and beat her
304 Steinmetz St. Alden, Kansas
My Thoughts
DAVID MADDEN!
He either did something. Or knows who did it. And Pam Lewis knows more than she lets on.
Links:
Interesting Military Case involving David Madden (Transcript copied and pasted below the entry)
Erin
Baker: One DUMB Bitch
Girlfriend:
Man who shot officers 'not monster people made him out to be'
RICE
COUNTY, Kan.
Posted:
Wed 10:03 PM, May 01, 2019
Updated:
Thu 11:34 PM, May 02, 2019
In
an interview you'll only see on KWCH 12, the girlfriend of the man
investigators say shot and wounded Rice County's sheriff and
undersheriff Monday, recalls how events unfolded and her final
moments with the man who died hours later following a standoff.
Wednesday,
Erin Baker recalls the last text message her boyfriend, David Madden,
sent her as she fled with her seven-year-old son Monday evening from
Madden's father's house.
"The
last thing he said was, 'I'm sorry I took you hostage. I love you so
much. I'll always be with you,'" Baker says.
Minutes
earlier, she says, Madden pointed a gun at her after shooting Rice
County Undersheriff Chad Murphy.
"He
told me to leave and I said 'no,'" Baker says. "And he
turned and pointed the gun at me and told me I needed to go."
Monday,
Baker says, she saw a David she didn't know.
"I
knew him for almost a year and I knew him very well, and I never
would have thought we would be put in that situation," she says.
Baker
says when their vehicle was pulled over by Murphy Monday, sitting in
the passenger seat, Madden already had his gun in his lap. She says
when Murphy walked around to the passenger side and told him to get
out, Madden started shooting.
She
says Madden then ordered her to drive to his house in Alden where he
got more guns and ammunition. She says she and her son got away once
they got to David's father's house near Raymond.
"It
breaks my heart (my son) had to see that and go through that. I wish
he wasn't with us. I wish he didn't have to see it," Baker says.
At
his father's house, the KBI says Madden shot at officers, including
Rice County Sheriff Bryant Evans, wounding the sheriff in the leg.
Baker
later learned her boyfriend killed his father and himself.
"He
wanted people to know he's not the monster people made him out to be,
even after this incident," she says.
Baker
says Madden initially helped her get out of a long, toxic
relationship.
Wednesday,
Eyewitness News also asked her about the disappearance of Megan
Foglesong, in which the KBI identified Madden as a suspect.
"I
honestly believe he had nothing to do with it,"Baker says.
She
says she is not a bad mother and is focused on her son.
"My
main goal is to make sure my child is OK and help him get through
it," she says.
Baker
says investigators questioned her and currently, she is not facing
any charges in connection with what happened Monday. She says she
wishes she could have done more to prevent what unfolded. She says
her son is currently with his father and she is fighting for the
boy's custody.
Baker
also apologizes to the families of Evans and Murphy and says she
hopes both officers fully recover from their injuries
That's
a result of A LOT of METH
Mother arrested in connection to Rice County shootings
Posted: Sep
19, 2019 4:43 PM
Updated: Sep
19, 2019 4:43 PM LINWOOD,
Kan. (KAKE) -
The
Kansas Bureau of Investigation has arrested a Rice County woman for
her involvement in the April 2019 shootings of the Rice County
sheriff and undersheriff.
27-year-old
Erin Baker was arrested Wednesday morning by the Barton County
Sheriff's Office at her Ellinwood home at 517 East 5th Street.
She was arrested for interference with a law enforcement
officer, aggravated child endangerment, and obstruction of
apprehension.
Baker
is accused of putting her 7-year-old child in danger by staying in a
relationship with David Madden, who she knew was a convicted felon in
possession of a firearm. The continued relationship would ultimately
result in the child being with madden when he shot the undersheriff.
My
Thoughts
This
Bitch's actions speaks volumes. She Endangered Her Own Child and
Assisted a Wanted Felon. Drove him to his dad's house where he
ultimately killed his dad. I don't buy for a second he ever held her
hostage. She was out that day with him in her car. With her kid. Then
the cunt says “He isn't the monster everyone made him out to be”.
This bitch is just as big of a monster as he is. Yeah I said it and.....
Courtesy: Dawn Foglesong
The Vanished Podcast Preview
STATE
v.
LASITER
North
Carolina Court of AppealsFeb 28, 2006176 N.C. App. 768 (N.C. Ct. App.
2006)Full title
Onslow
County No. 03 CRS 50813; 04 CRS 2282.
LEVINSON,
Judge.
Defendant
appeals his convictions and judgments for first degree murder and
attempted robbery with a dangerous weapon. We find no error in the
convictions, but remand for a new sentencing hearing on the attempted
robbery charge.
The
evidence presented at trial may be summarized as follows:
The body of Frank Faires was found in a wooded area off Shaw Highway in the Pender County/Onslow County area in the early morning hours of 23 January 2003 by Deputy Robert Ides of the Onslow County Sheriff's Department. David Madden, Brandon Maynes, and defendant were taken into custody as suspects in the murder of Faires. Madden testified that he, Maynes, and defendant were serving together in the U.S. Marine Corps stationed at Camp Lejeune. On the evening of 17 January 2003, the three men went out to drink at local bars. Maynes and defendant left Madden at Stroker's bar and did not see him again until the following morning. On the morning of 18 January 2003, Madden noticed defendant "had blood splattered on [the front of] his jeans." Madden asked defendant what defendant and Maynes had done the previous night. Defendant and Maynes both told him, "we killed somebody."
Maynes
testified that he, Madden, and defendant went out to drink the
evening of 17 January 2003. While they were drinking at the Orleans
House, Maynes and defendant were approached by Faires, who was in an
intoxicated condition. Defendant told Maynes he "was planning on
beating [Faires] up and robbing him." Maynes, defendant, and
Faires left the bar together in Maynes' truck, and drove about eight
to ten miles on Highway 53 before pulling off the main road onto
Cinnebar Lane. Maynes and defendant directed Faires to get out of the
truck. Maynes next heard a "ping" that "sounded like a
baseball bat hitting another pole or another baseball bat."
Maynes walked to the side of the truck and saw Faires lying on his
back with blood coming from his face and forehead. Defendant was
standing over Faires, holding his aluminum baseball bat. Maynes then
observed defendant swing the bat and strike Faires in the head.
Maynes got back in the truck and heard "repetitive thumping of
the baseball bat." Maynes and defendant put Faires' body in the
back of the pickup truck, drove down highway 53, and turned onto a
gravel road, where they left the body in a wooded area. Maynes and
defendant then drove to a car wash, where they washed the baseball
bat and the back of the truck. At the car wash, defendant threw
Faires' clothing and some of Maynes' and defendant's clothing into a
dumpster. They returned to Camp Lejune. Later that morning, Maynes
told Madden that defendant killed somebody. During his testimony,
Maynes narrated the events illustrated on a surveillance tape
obtained from the car wash.
Several
experts in blood and DNA analysis testified that blood samples
matching Faires' blood was discovered on various items retrieved from
the car wash dumpster. Faires' blood was found on two white
tee-shirts. Samples of Faires' blood was also found on the rocker
side panel of Maynes' vehicle. Dr. John Almeida, who performed an
autopsy on Faires, determined Faires died of "blunt head
trauma[.]"
The
jury convicted defendant of first degree murder, on the theories of
premeditation and deliberation and the felony murder rule, and
attempted robbery with a dangerous weapon. Defendant was sentenced to
life imprisonment for murder, and to 80-105 months' imprisonment for
attempted robbery with a dangerous weapon. From these convictions and
judgments, defendant appeals.
Defendant
argues first that the trial court erred by denying his challenge for
cause of prospective juror Huffman, on the grounds that her close
ties with law enforcement personnel demonstrated she could not
consider the case in a fair and impartial manner. We disagree. N.C.
Gen. Stat. § 15A-1212(9) (2005), setting forth the statutory grounds
upon to challenge a juror for cause, provides in pertinent part that
"[a] challenge for cause to an individual juror may be made by
any party on the ground that the juror: . . . (9) For any other cause
is unable to render a fair and impartial verdict."
Whether to grant a challenge for cause under N.C.G.S. § 15A-1212(9) is a matter left to the sound discretion of the trial court. The trial court has the opportunity to see and hear a juror and has the discretion, based on its observations and sound judgment, to determine whether a juror can be fair and impartial. . . . When the trial court is able to reasonably conclude the prospective juror can disregard prior knowledge and impressions, follow the trial court's instructions on the law, and render an impartial, independent decision based on the evidence, excusal is not mandatory.
State
v. Jaynes, 353
N.C. 534, 546, 549
S.E.2d 179, 190 (2001) (citations and internal quotations
omitted).
In State
v. Lee, 292 N.C. 617, 625, 234 S.E.2d 574, 579 (1977), our
Supreme Court held the trial court abused its discretion by failing
to allow defense counsel to strike a prospective juror, the wife of a
police officer, for cause. The Lee Court reasoned:
[T]he position of juror Frances Norvell was such that she was subject to strong influences which ran counter to defendant's right to a trial by an impartial jury. . . . We further note that the juror Norvell initially stated that she would have a tendency to lend more credibility to the testimony of the police officers than to a stranger. . . . Finally, Officer Johnny Moore, with whom the juror was acquainted, was an important State's witness[;] . . . it was by his corroborative testimony that the State sought to buttress the credibility of its only eye-witness.
In
the instant case, the husband of the prospective juror was employed
as a sergeant at the Onslow County jail at the time of trial and was
a former courtroom bailiff. The Onslow County Sheriff was the uncle
of the prospective juror's husband. Huffman knew the bailiff in the
courtroom as well as one of the prosecuting attorneys. She also knew
many other members of the sheriff's department, including one who
subsequently testified as a witness for the State.
Huffman's
relevant statements on voir dire follow:
[TRIAL COURT]: [Y]ou're saying to the State and to the defendant that you can sit on this case, listen to the evidence that you hear from the witness stand under oath, apply the law which I give you to that evidence and render a fair and impartial verdict. Is that what you're saying?
[Mrs. Huffman indicated her assent by raising her hand.]
.
. . .
[Defense Counsel]: Ms. Huffman, When Judge Duke asked you if you thought you could be fair and impartial, initially you hesitated.
[Mrs.
Huffman]: Unh huh.
[Defense
Counsel]: Why is that?
[Mrs. Huffman]: Really, I don't know, because I reckon my husband is in jail with a lot of the prisoners and you know, I hear, well, I get him to talk to me when he comes home to release pressure on him, so — but I mean, he wouldn't speak to me during the trial or anything because he knows what he's supposed to do. [Defense Counsel]: Wouldn't it be a more fair answer then to Judge Duke's question whether you can be fair and impartial —
[Mrs.
Huffman]: Probably not.
.
. . .
[Defense Counsel]: Do you honestly feel that you can sit there, even knowing the way you smiled at [the prosecutor] like you recognize him, you dealt with him for lunch or whatever you guys did, do you really feel with all those things in your background or mind you can be absolutely fair to the defendant in this case?
[Mrs.
Huffman]: Yes.
[Defense
Counsel]: Why is that?
[Mrs.
Huffman]: It's my duty to be fair.
.
. . .
[Defense Counsel]: And the things you say your husband will tell you, you are not concerned that any of those things will come into your mind and have an affect [sic] on how you're going to decide this case?
[Mrs.
Huffman]: No.
[Defense
Counsel]: Why is that?
.
. . .
[Mrs. Huffman]: Because I know what I'm supposed to do and because I've sat on a jury before and it's — I wouldn't speak about it or anything.
.
. . .
[Mrs. Huffman]: I mean, I'll try to be as fair as I could.
[Defense Counsel]: And that's all we're talking about. Is your ability to be fair somehow affected? [Mrs. Huffman]: Yes. Oh — by my husband, no, no.
On
this record, we cannot conclude the trial court abused its discretion
in failing to allow trial counsel's challenge for cause. Huffman was
questioned extensively, and repeatedly stated she could be fair and
impartial. Huffman testified that neither her acquaintance with one
of the prosecuting attorneys, nor her acquaintance with Deputy Ides,
a witness for the State, would affect her ability to be fair. Huffman
explained that her husband would not speak to her about the case
during the trial, and asserted that her husband's contacts with the
jail would not affect her ability to be fair.
The
facts of the instant case reveal significant differences from those
set forth in Lee. While Huffman was well acquainted
with Onslow County law enforcement officers, she did not assert she
would give their testimony more weight than that of other witnesses;
instead, she steadfastly maintained she could be fair and impartial.
"[A] juror's close relationship with a police officer, standing
alone, is not grounds for a challenge for cause." Id. at
625, 234 S.E.2d at 579. Furthermore, "the trial judge is vested
with broad discretionary powers in determining the competency of
jurors and that discretion will not ordinarily be disturbed on
appeal." Id. at 621, 234 S.E.2d at 577
(citations omitted). We conclude the trial court did not abuse its
discretion in failing to grant defendant's challenge for cause. This
assignment of error is overruled. Defendant next contends the trial
court erred by overruling his objection to the testimony of the
State's forensic serology expert, Jennifer Elwell, that a blood
splatter pattern she observed on a tee-shirt was consistent with
blood splattering "coming across the shoulder." Defendant
argues the opinion offered by Elwell was outside her area of
expertise and that defendant was prejudiced by its admission. We
disagree.
In
the instant case, Elwell was qualified as an expert in the field of
forensic serology, the testing of items for the presence of blood.
Over defendant's objection, Elwell was allowed to give her opinion
regarding the presence of blood on a tee-shirt found at the car wash
dumpster. Elwell stated, "With reference to this item, I did
find chemical indications for the presence of blood, and I also noted
that I found a blood splatter pattern consistent with a splattering
coming across the shoulder[.]"
Defendant
contends he was prejudiced by Elwell's testimony regarding a blood
splatter on the tee-shirt because Elwell's testimony indicated that
he, not Maynes, struck the victim with the baseball bat. Even
assuming arguendo it was error for the trial court
to allow Elwell to testify regarding the blood splatter pattern on
the tee-shirt, we cannot conclude that her testimony prejudiced the
outcome of the trial. See N.C. Gen. Stat. §
15A-1443 (2005) ("A defendant is prejudiced by errors relating
to rights arising other than under the Constitution of the United
States when there is a reasonable possibility that, had the error in
question not been committed, a different result would have been
reached at the trial[.]"). In his closing argument, defense
counsel admitted defendant was the one who wielded the baseball bat
and struck the victim four times in the head. Defense counsel stated:
Something happened out there to make Mr. Lasiter pick up that bat and hit this guy four times. . . . He picked up that bat like that and hit him four times. . . . All we know is he was hit four times in the back of the head and something caused him to do that, but it was not after premeditation. . . . He didn't even think about it. He grabbed the bat and he hit him.
This
assignment of error is overruled.
Finally,
defendant contends the trial court erred by sentencing defendant on
the attempted robbery conviction by making a finding in aggravation
that had not been stipulated to by defendant or found beyond a
reasonable doubt by the jury. Based on the principles set forth
in Blakely
v. Washington, 542
U.S. 296, 159
L. Ed. 2d 403 (2004), and State
v. Allen, 359
N.C. 425, 615
S.E.2d 256 (2005), we agree, and remand for a new sentencing
hearing on this offense.
No
error in part, reversed and remanded for a new sentencing hearing in
04 CRS 2282.
Judges
McCULLOUGH and ELMORE concur.
