State v. Winebarger

617 S.E.2d 467 (2005)

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Nature of the Case

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Facts

D occasionally carried a handgun for personal protection when transporting monetary deposits or traveling on rural roads. On the evening of December 23, 2001, D and his wife had loaned automobiles to their daughter and her husband, the decedent Price. D had previously instructed that the vehicles were not to be taken to a particular location known as Joe's Bar. While driving home D and his wife noticed that their vehicles were parked outside Joe's Bar. They took the cars home, leaving their daughter and son-in-law to find other transportation back to their own home. Price left the bar and obtained transportation. He stopped at D’s home, and an argument ensued regarding the vehicles. D maintained that Price was intoxicated and became violent and aggressive during the altercation. D contends that he attempted to use his .22 caliber derringer to fire a warning shot into the air. The bullet struck Price in the neck and fatally wounded him. D was indicted for first-degree murder and was found guilty of voluntary manslaughter and sentenced to ten years. D appealed in part over the introduction of Rule 404(b) evidence. D contends that the lower court erred in admitting evidence of previous gun-related acts allegedly committed five to fifteen years prior to the date of the decedent's death.