STATE OF NORTH CAROLINA V. RAE LAMAR WIGGINS

State of North Carolina vs. Rae lamar wiggins, a.k.a. Rae Carruth



State of North Carolina vs. Rae lamar wiggins, a.k.a. Rae Carruth

Rae Lamar Wiggins, also known as Rae Carruth (“defendant”), appeals from judgments entered upon a jury's verdict finding him guilty of conspiracy to commit murder, firing a gun into occupied property, and using an instrument with intent to destroy an unbornchild. Defendant was sentenced to an active term of imprisonment of 196 months to 245 months for conspiracy to commit murder. Concurrent sentences of 31 to 47 months were imposed for the remaining convictions. (webapps6. doc.state.nc.us)

I. Background

On the evening of 15 November 1999, defendant and his eight- months pregnant girlfriend, Cherica Adams (“victim”), watched a movie at a Charlotte theater. The two left the movie theater and rode together to defendant's house to retrieve the victim's car. While there, defendant called Michael Kennedy (“Kennedy”) and told him that he and the victim were about to leave. Victim followed defendant in her vehicle toward her home. As they drove along two- lane residential Rea Road, defendant slowed or stopped his large sport utility vehicle in front of the victim's car. Victim could not drive her car around defendant's vehicle. Kennedy drove his rented vehicle beside the victim's car. Van Brett Watkins (“Watkins”), a passenger, fired five shots from the rental vehicle into the victim's car. (webapps6. doc.state.nc.us) The victim was wounded four times, once in the neck and three times in the back. Defendant's and Kennedy's vehicles fled the scene in different directions. (www.courttv.com) The victim called 911 from her cell phone at 12:31 a.m., pulled into a residential driveway, continuously blew the horn, and remained on the phone for over twelve minutes until an ambulance arrived. In her call to 911, the victim described the shooting in detail and informed the dispatcher and an emergency medical technician that she had been following defendant, who was her boyfriend and her baby's father. Mecklenburg Police Officer Peter Grant (“Grant”) arrived on the scene around 12:43 a.m. The victim identified defendant to Grant as the driver of the vehicle that she had also described in the 911 call. (webapps6. doc.state.nc.us) The victim was transported by ambulance to Carolinas Medical Center and arrived at 1:10 a.m. The victim gave Grant a complete chronology of the events that transpired during the night and early morning. Emergency surgery was performed to remove the bullets and deliver the baby from the victim at 1:30 a.m. At 4:00 a.m., the victim was taken to a trauma intensive care unit. Around 7:00 a.m., an endotracheal tube was inserted into victim's throat. Traci Willard (“Willard”), the morning nurse, asked the victim if she remembered what had happened to her. The victim nodded and motioned for Willard to bring a pen and paper to her. The victim handwrote notes describing the shooting and events of the morning and previous evening. Later, the victim's father asked her if there were any stop signs on the ...