Everritt v. State

588 S.E.2d 691 (2003)

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Nature of the Case

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Facts

D, McDuffie, and Weeks were indicted for the murder with malice aforethought of Roosevelt Cox. McDuffie died one month before the case was to be tried. Weeks admitted his complicity in the murder and testified at trial against D. D owned and operated a service station. D was to pay McDuffie $5,000 out of insurance proceeds to burn down the station, which was insured. McDuffie tried with a Molotov cocktail in June 1992. He recruited his teenage grandson, Weeks, to help him in that attempt, but they failed. McDuffie then asked Cox, who worked for McDuffie, to help him burn the station. He agreed to pay Cox $1,500. McDuffie and Cox burned down the station with an accelerant. The insurance company declined to pay on the policy. Cox remained unpaid. Cox told friends that D owed him $1,500 for burning down the station, and he began to complain that he had not yet been paid by either McDuffie or D. McDuffie lured Cox into his shop and killed him with an ax. Weeks helped McDuffie dispose of Cox's body, which was discovered by hunters on September 27, 1992. In March 1993, D's insurance claim was settled for $123,065. Nearly nine years later D, McDuffie, and Weeks were charged with the murder of Cox. Weeks testified that shortly after the murder, D gave McDuffie a set of tires to conceal the fact that McDuffie used his truck to transport the victim's body. He also testified that D later warned Weeks to keep his mouth shut. D was convicted and appealed. D contends the evidence fails to demonstrate that he conspired with McDuffie to kill Cox.