STATE v. FRAZIER No. 26776.
386 S.C. 526 (2010)
689 S.E.2d 610
The STATE, Respondent/Petitioner, v. John Boyd FRAZIER, Petitioner/Respondent.
Supreme Court of South Carolina.
Decided February 16, 2010.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, Solicitor John Gregory Hembree, of Conway, for Respondent/Petitioner.
Appellate Defender Katherine H. Hudgins, of Columbia, for Petitioner/Respondent.
John Boyd Frazier was convicted and sentenced for the offenses of murder, conspiracy to commit murder, and armed robbery.
Kimberly Renee (Renee) and Brent Poole were married. Renee, an exotic dancer, was having an affair with Frazier. The State's theory of the case was that Frazier and Renee conspired to murder Brent.
The investigation quickly focused on Frazier. The State asserted that Renee lured Brent to Myrtle Beach with the pretense of celebrating their anniversary. Renee then convinced Brent to take a moonlight romantic stroll on the beach where Frazier was waiting to kill Brent. The State further alleged that Renee and Frazier staged the murder scene to appear as a robbery.
On June 11, North Carolina police interviewed Frazier at his Winston-Salem, North Carolina, home. Frazier admitted that he and Renee had an affair but claimed the affair had ended when Renee decided to return to her husband. Frazier denied any involvement in the murder.
Frazier admitted that he did not go to work on June 9, telling the officers he called in sick. Frazier made no mention of an email he sent to his employer a week prior to the murder requesting June 8, 9 and 10 off from work. Additionally, Frazier claimed he had not been to Myrtle Beach in many years. The police asked Frazier where his vehicle was and Frazier told them he had temporarily switched cars with his friend who was a mechanic so that the friend could fix a rattling noise in his car.
Police obtained and executed a search warrant for Frazier's home and found a day planner which had several notations indicating dates on which he had plans with Renee. Significantly, on June 9, the day planner had the notation "Renee and Brent." The evidence revealed that Renee and Frazier's affair continued after the date he told police it had ended.
The day following the crime, Mark and Donna Hobbs contacted the Myrtle Beach authorities. The Hobbses were visiting Myrtle Beach and learned of the murder from the media. On the night of the murder, at approximately midnight, the Hobbses observed a suspicious man in dark clothing outside of their hotel. The man looked at them and turned away and walked quickly to the beach. Although Donna was frightened, the couple walked towards the beach. They again spotted the man crouched behind the motel and made eye
Frazier was indicted for murder, conspiracy to commit murder and armed robbery.
At trial, the State presented witnesses who testified that Renee and Frazier had been having an ongoing affair and that Frazier's vehicle was often seen parked outside of the Poole home, including the Wednesday, Thursday, and Friday before the murder. Bruce Wolford, a friend of Frazier, and a bartender at the Silver Fox where Renee worked, testified Frazier tried to fight Brent on May 30 in the parking lot of the Silver Fox. Wolford also overheard Renee telling Frazier of her plans to go to Myrtle Beach with Brent on June 9. Kahle Schettler, the mechanic friend of Frazier, testified he let Frazier borrow his car on June 8 and Frazier returned the car on June 10. Schettler also testified Frazier called him after the police had questioned Frazier regarding the murder and told Schettler "it would be a great help to him and his attorney if [Schettler] knew if [the car had] a small amount of miles or not." Frazier's boss verified an email sent on June 2 to him from Frazier, in which Frazier requested June 8, 9, and 10 off from work. Frazier's boss testified that he gave Frazier permission to take those days off. Mark and Donna Hobbs testified and identified Frazier as the individual they saw lurking in the vicinity just prior to the murder.
The State also presented evidence that police found a wedding ring, a Swiss Army knife, cigarettes, and 39 cents near Brent's body at the murder scene. Additionally, police found $50.73 in cash and a sales receipt dated 10:34 p.m., June 9 from Fast Eddie's, a restaurant, in Brent's pockets. Renee and Brent had been at Fast Eddie's shortly before the murder. On July 5, nearly a month after the murder, Brent's
The jury found Frazier guilty on all counts. The court of appeals held the trial court properly denied Frazier's motion for a directed verdict on the murder charge and affirmed the conviction. However, the court of appeals found the evidence did not rise above the level of mere suspicion that Frazier committed an armed robbery and reversed the conviction. We granted both Frazier's and the State's petitions for a writ of certiorari.
If there is any direct evidence or substantial circumstantial evidence reasonably tending to prove the guilt of the accused, the Court must find the case was properly submitted to the jury. State v. Weston,
Frazier argues the court of appeals erred in affirming the trial court's denial of his motion for a directed verdict because the State failed to present evidence placing him at the murder scene. We disagree.
We hold the State presented substantial circumstantial evidence of guilt, including: Frazier and Renee's ongoing affair; Brent was shot twice at point-blank range, yet Renee was unharmed; Wolford overheard Renee and Frazier discussing the trip to Myrtle Beach; Frazier requested June 8, 9 and 10 off from work a week prior to the date of the murder (although Frazier told police he had not been to work on the date of the murder because he was sick); Frazier borrowed Schettler's car from June 8-10; Frazier tried to fight Brent
Frazier cites to State v. Arnold,
The State contends the court of appeals erred in reversing Frazier's conviction for armed robbery. We agree.
Armed robbery is defined as the felonious or unlawful taking of money, goods, or other personal property of any value from the person of another or in his presence by violence or by putting such person in fear. State v. Gourdine, 322 S.C. 396, 398,
A court is not required to analyze an armed robbery and a homicide as two completely independent events. A defendant may be found guilty of armed robbery in conjunction with a homicide if the death and the robbery are a part of a continuous chain of events so interconnected as to be inseparable. See 77 C.J.S. Robbery § 9 (1994) ("Although, as
We hold substantial circumstantial evidence exists to support the armed robbery charge. The State submitted evidence that Brent's wallet was found a month after the murder in a yard blocks from the murder scene, a receipt found in Brent's pocket showed that Brent used his ATM card the night of the murder, and the ATM card was found in the wallet. Additionally, a Swiss Army knife, a cigarette pack, coins, and a gold ring were all found near Brent's body.
The totality of the evidence, viewed as a whole, establishes substantial circumstantial evidence of the elements of armed robbery. Specifically, the evidence supports a reasonable inference that the wallet was on Brent just prior to his death and that the gun was used during the incident, establishing the elements of force and use of a deadly weapon. In addition, we find that the items found around Brent also support an inference that a robbery had taken place. Furthermore, the evidence shows that the homicide and robbery were a part of a continuous, inseparable chain of events. In sum, the State presented substantial circumstantial evidence that the murderer committed an armed robbery, and, as explained above, that Frazier was the murderer. See State v. Douglas,
We hold the trial court properly denied Frazier's motion for a directed verdict on the murder charge and the armed robbery charge. Accordingly, we reverse in part and affirm in part the opinion of the court of appeals.
BEATTY, J., concurring in part and dissenting in part in a separate opinion in which PLEICONES, J., concurs.
Justice BEATTY (concurring in part and dissenting in part).
I concur in part and dissent in part. I concur with the majority in affirming the Court of Appeals' upholding of Frazier's conviction for murder. However, I dissent in the majority's decision to reverse the Court of Appeals as to the armed robbery conviction.
In my view, the Court of Appeals was correct in reversing the armed robbery conviction. There is no evidence that a robbery took place, or that if it did that the defendant committed it. At best, the evidence in this case merely raises a weak suspicion that a robbery occurred.
The evidence showed that: the victim's gold ring was found near his body; victim had fifty dollars in his pocket; victim's wallet was found with its contents intact weeks later, in a location blocks away from the murder scene; there is no evidence that the victim had the wallet at the time of the murder; and there is no evidence that anything was taken from the victim.
I would dismiss certiorari as improvidently granted.
PLEICONES, J., concurs.
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