State v. Crossman

790 A.2d 603 (2002)

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Nature of the Case

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Facts

Carpenter left his home to run an errand. On his way past a vacant home, he noticed a black Nissan pickup truck in the driveway. About ten minutes later, on his way back, Carpenter noticed that the truck was still in the driveway and pulled in behind it to investigate. A woman he did not recognize was standing by the truck; she told Carpenter she was thinking about buying the home. A man Carpenter later recognized as D then came around the corner of the house. He told Carpenter he was thinking about buying the home. D's truck bed was empty at that time. All three left the property. Later, Carpenter and his wife walked over to the home, about 100 years with flashlights. They noticed a blanket next to the driveway with some doors partially covered beneath it. They also noticed that doors on the home were missing, including the front door and some sliding glass doors. The missing doors appeared to be the doors underneath the blanket. As the Carpenters returned home, they were passed by a dark pickup truck. The truck slowly proceeded in the direction of the vacant home. The Carpenters decided to walk to the home a second time. As they got close they heard voices in low tones and rustling. Carpenter recognized D. The Carpenters went home and got into their truck. They pursued the dark pickup truck and pulled across the road in front of it to block the truck from continuing. It was the same black Nissan pickup truck they had seen earlier. The tailgate of the truck was down and the truck bed contained some doors. Nothing was covering the doors. Carpenter recognized D who yelled for Carpenter to move. Carpenter told D that he knew what D had done. D made a U-turn and headed in the other direction. As D turned, two of the three doors fell onto the road, including the front door and one of the sliding glass doors from the home. Carpenter pursued D until D pulled over and got out of his truck. He said to Carpenter, 'Remember, Carpenter, I know where you live. You ain't seen me.' D also stated, 'You better forget you saw me.' D was indicted on charges of burglary of a dwelling, and theft. D was convicted and appealed.