State v. Beatty

In State v. Beatty, 347 N.C. 555, 559, 495 S.E.2d 367, 369 (1998), the defendant was convicted of two counts of kidnapping. Beatty, 347 N.C. at 556, 495 S.E.2d at 368. Our Supreme Court upheld the defendant's conviction as to one of the victims because the defendant restrained that victim by binding his wrists. Id. at 559, 495 S.E.2d at 370. The Court reasoned that by binding the victim, defendant "increased the victim's helplessness and vulnerability beyond what was necessary to enable him and his comrades to rob the restaurant." Id. In State v. Beatty, 347 N.C. 555, 495 S.E.2d 367 (1998), a group of men approached the owner of a restaurant outside an open door to the restaurant, put a gun to his head, and told him to go inside and open the safe. Id. at 557, 495 S.E.2d at 368. Once inside, the robbers saw two restaurant employees. One employee, Poulos, "was on his knees washing the floor at the front," while the second, Koufaloitis, "stood three to four feet from the safe cleaning the floor in the back." Id., 495 S.E.2d at 368-69. At that point, "one robber put a gun to Poulos' head and stood beside him during the robbery. An unarmed robber put duct tape around Koufaloitis' wrists and told him to lie on the floor." Id., 495 S.E.2d at 369. The Supreme Court upheld the kidnapping conviction with respect to Koufaloitis, but not as to Poulos. Id. at 560, 495 S.E.2d at 370. The Court explained that "when defendant bound Koufaloitis' wrists and kicked him in the back, he increased the victim's helplessness and vulnerability beyond what was necessary to enable him and his comrades to rob the restaurant." Id. at 559, 495 S.E.2d at 370. On the other hand, "with regard to victim Poulos, the evidence shows only that one of the robbers approached the victim, pointed a gun at him, and stood guarding him during the robbery. The victim did not move during the robbery, and the robbers did not injure him in any way." Id. at 560, 495 S.E.2d at 370. The Court explained further: "The only evidence of restraint of this victim was the threatened use of a firearm. This restraint is an essential element of robbery with a dangerous weapon under N.C.G.S. 14-87, and defendant's use of this restraint exposed the victim to no greater danger than that required to complete the robbery with a dangerous weapon." Id.