Criminal Practice — MAR – Equal Protection – Racial Discrimination Claim – Plea Offers

Although the prosecutor offered plea deals to defendant’s white co-defendants but not to the black defendant, since the white co-defendants ran away when they realized the victims were being shot, while defendant exhorted the shooters and their lookout to hurry, defendant has not shown that the prosecutor discriminated against defendant based on her race.

We affirm the trial court’s denial of defendant’s motion for appropriate relief.

The evidence shows that white co-defendant Mangold disengaged, warned his friend and fled the scene of the crime. No evidence suggested that Mangold profited from the robbery of the victims.

On the other hand, after Mangold told defendant that “they are killing people in there” and invited defendant to leave with him, defendant walked toward the scene of the crime, told the perpetrators to “come on” and later returned to Georgia in a stolen vehicle laden with stolen property. Defendant and Mangold were not similarly situated.

When white co-defendant Goolsby learned that other members of their group had shot the victims, Goolsby fled the scene. Goolsby demonstrated a willingness to help prosecutors by testifying in defendant’s trial. No evidence suggested Goolsby profited from the robbery.

However, defendant exhorted the shooters to hurry and profited from the robbery. Even though defendant told law enforcement she did not know about the plan to rob the victims beforehand, during a jailhouse call to her mother, she admitted she knew about the robbery that was being discussed on the way the victims’ residence. Defendant and Goolsby were not similarly situated.

State v. Marion (Lawyers Weekly No. 012-018-22, 21 pp.) (April Wood, J.) Appealed from Swain County Superior Court (Marvin Pope, J.) Mary Carla Babb for the state; Lauren Miller for defendant. 2022-NCCOA-21