State v. Cook

515 S.E.2d 127 (1999

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Nature of the Case

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Facts

D is forty years old and is married to Gerald. They have lived in a trailer home. They purchased a two-acre tract of land contiguous to their trailer. This land was bound by a road called Hickory Ridge Road. Hickory Ridge Road was used for ingress and egress by several families living in the area. Shortly after the purchase, they were harassed and threatened by a few neighbors living in the area. The Cooks placed a fence and rocks along the edge of their property on Hickory Ridge Road. There was no evidence at trial indicating that the fence and rocks prevented the normal ingress and egress of residents in the area. Buckler was a huge man, standing 6'4' and weighing in excess of 300 pounds. The fence along Hickory Ridge Road was torn down, roofing nails were placed in their driveway, and piles of dirt and rocks were tossed onto their property. An unknown person forged Mr. Cook's signature on a letter threatening the President of the United States. The United States Secret Service investigated the matter and exonerated Mr. Cook after concluding that he did not write the letter and that his signature on the letter had been forged. The Cooks identified Mr. Buckler as a possible suspect, but the investigation was terminated. On December 23, 1996, a loud explosion shook the home of the Cooks. An investigation of the explosion was made by the United States Secret Service. It was determined that Mr. Buckler and several of his friends had exploded a homemade bomb constructed with black gunpowder. That investigation concluded without charges being filed. Law enforcement was contacted. After the fencer was torn down, the County Sheriff encouraged Buckler to apologize to the Cooks. Instead of apologizing, Buckler visited the Cooks and threatened to kill them [if they ever again called the authorities regarding his conduct. On May 7, 1997, D telephoned Trooper Wood to ascertain the status of an investigation into the vandalism of the Cooks' nearby cabin. Trooper Wood indicated that he was going to come out to the area to speak with Buckler about the matter. Shortly after the telephone conversation Buckler drove his truck onto D's property and began throwing rocks in the direction of Mr. Cook. Mr. Cook asked him not to throw the rocks. D loaded a shotgun and walked outside. She fired a warning shot into the air in an effort to get Buckler to leave the area. She pleaded with Buckler to leave them alone. Buckler would not listen. D loaded another shell into the shotgun and pleaded to be left alone. She then informed Buckler that the police were called. Buckler went crazy. Buckler attacked Mr. Cook and began beating him. Mr. Cook was defenseless and pleading for mercy. D rushed to help her husband by trying to pull Buckler off of her husband. Buckler struck D and ripped her shirt open. D continued to plead for Buckler to stop beating her husband. D testified that she was afraid her husband would be killed, so she aimed the shotgun at Buckler's right arm and fired. Buckler fell and attempted to get up. D reloaded the shotgun and prepared to fire again. She did not fire a second shot because Buckler fell to the ground. The first words out of her mouth to the 3 witnesses present were, 'I thought he was going to kill Gerald.' Buckler died and D was indicted for first-degree murder. She was found guilty of second-degree murder and appealed.