State v. Williams

In State v. Williams, 144 N.C. App. 526, 548 S.E.2d 802 (2001), the victim was at a dance club when two patrons of the club started fighting. Williams, 144 N.C. App. at 527, 548 S.E.2d at 803. The fight ended and the club closed. Id. Soon thereafter, the patrons started fighting again and a crowd gathered outside the club to watch the fight. Id. Defendant and another man pushed people away to allow the two patrons to continue fighting. Id. Defendant pushed the victim back and "told him to allow a 'one on one fight.'" Id. The victim punched the defendant in the jaw, defendant pulled a handgun and fired a shot which hit the victim in the neck and killed him. Id., 144 N.C. App. at 527, 548 S.E.2d at 804. Although defendant left the scene, the next day he surrendered to the sheriff's department. Id. Defendant was convicted of first-degree murder and appealed. Id., 144 N.C. App. at 526, 548 S.E.2d at 803. This Court held there was insufficient evidence to support premeditation and deliberation because there was no evidence the victim and defendant knew each other before the incident, defendant had not made threatening remarks to the victim, defendant was provoked by the victim's assault, the shooting occurred immediately after the victim's assault, and defendant turned himself in the next day. Id., 144 N.C. App. at 530-31, 548 S.E.2d at 805.