State v. Stimpson

807 S.E.2d 603 (2017)

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Nature of the Case

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Facts

There were five separate crimes with different victims. A dark-colored Jeep Cherokee pulled up to Smith and two men exited. They work masks and dark clothing. Smith was ordered to exit the car and give them her money. One man carried a pump shotgun. A shot was fired near her head. Smith did not have any money and they took her car and drove away. Eban was watching his wife, Nie, leave for work when three men walked past the house. Two went behind his wife's car and one came toward the door of his house and shouted at him to open the door. Their faces were covered. One of the men pointed a gun wrapped in cloth at Eban. Eban heard a gunshot. The men had shot at her through the driver's side window while she was sitting in the driver's seat. Two more shots were fired in Eban’s direction. The wife escaped out the rear door of the car and the robbers entered the car and stole a shopping bag of new cooking utensils. One of the men got into the Jeep and two of them got into his wife's car and drove it away. Nareau was pulling into work and exited his car when a male got in front of him and raised what appeared to be a sawed-off shotgun. The man wore a mask and demanded his wallet and cellphone. After handing over his wallet and phone, Nareau ran away and watched the men get into a dark-colored Jeep and drive away. Elizabeth Tomlin, Brinson White, Clair Wilkerson, and Wesley Mork, were loading luggage in the trunk of their rental car, when three men yelled at them 'to turn around, mother f-ker;' and 'get down mother f-ker.' Men exited from a red Jeep wearing masks and dark clothing and carrying guns. One appeared to be a sawed-off shotgun. The two women were chased by one man, while Mr. Carter and Mr. Mork were detained on the ground by the other two men from the Jeep. Mr. Mork's wallet and cash were stolen and cash was stolen from Mr. Carter. Tomlin's and Wilkerson's bags were taken. One of the attackers yelled, 'get in the car and take the car.' The keys to the rental car were not in the vehicle, so all three men ran back to the Jeep and left. Holland left his residence when he noticed two males walk past the house. A Jeep vehicle quickly pulled up in front of his house. A masked male with a handgun demanded, 'Give me what you have.' Holland offered his briefcase and car keys and attempted to run away. One of the men chased him until the same Jeep pulled up and the man climbed inside. The Jeep sped away. Police pursued the Jeep and apprehended Aaron Spivey with Mork's wallet in his possession. Officers located D and LeMarcus McKinnon. They ran. D was apprehended wearing a dark-colored T-shirt, dark blue jeans, and grey sneakers. He had cash, Nareau's cellphone, and the keys to Nie's car in his possession. D denied any involvement in the robberies. D admitted he had been present in the dark Jeep Cherokee with Spivey and McKinnon. D and McKinnon were cousins and were 'tight.' D acknowledged he had met Spivey the previous week. D also told police he had handled one of the guns a few days before the robberies. D told police officers he had been a passenger in the Jeep and witnessed the robberies. D admitted driving the Jeep from the scene of the robbery of Nie and to later meeting Spivey and McKinnon for the subsequent robberies. Three pairs of gloves, a blue toboggan, a black and grey bandana, and a black headband or neckwarmer were recovered from inside the passenger area of the Jeep Cherokee. The handbags and briefcase belonging to the various victims were also recovered from inside the Jeep. D was convicted and claimed that there was just one conspiracy, not five.