State v. Singleton ( 2020 )


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  •                     THE STATE OF SOUTH CAROLINA
    In The Court of Appeals
    The State, Respondent,
    v.
    Herbie Val Singleton, Jr., Appellant.
    Appellate Case No. 2016-002079
    Appeal From Charleston County
    Benjamin H. Culbertson, Circuit Court Judge
    Opinion No. 5722
    Heard November 7, 2018 – Filed May 6, 2020
    AFFIRMED
    Appellate Defender Kathrine Haggard Hudgins, of
    Columbia, for Appellant.
    Attorney General Alan McCrory Wilson and Vann Henry
    Gunter, Jr., both of Columbia; and Solicitor Scarlett
    Anne Wilson, of Charleston; all for Respondent.
    MCDONALD, J: Herbie V. Singleton, Jr., appeals his conviction for obstruction
    of justice, arguing the circuit court erred in denying his motion for a directed
    verdict after the State failed to present any direct evidence or substantial
    circumstantial evidence that Singleton prevented, hindered, impeded, or obstructed
    the administration of justice. We affirm.
    Facts and Procedural History
    In October 2014, Dontaviha Patterson received a laptop and other electronics from
    his friend Bubba. Patterson and Lamont Gregg—who knew each other through
    Singleton—decided to pawn the laptop and split the money; Patterson's mother
    drove them to the pawn shop.
    On November 19, 2014, Gregg was arrested for pawning a stolen laptop and
    charged with obtaining goods by false pretenses. When questioned by Sergeant
    Dan English of the Charleston Police Department (CPD), Gregg stated Patterson
    gave him the laptop to pawn because Patterson was too young to pawn it himself.
    Patterson saw Gregg several times after Gregg was released from jail. During one
    of these encounters, Gregg, who was with Singleton at the time, threatened to "lay
    [Patterson] out" the next time he saw him.
    Later that November, Patterson and Singleton began exchanging heated messages
    on Facebook, some of which were threatening. On the morning of December 18,
    2014, Patterson told Singleton where he was because he heard Singleton was
    looking for him. When Singleton responded, he told Patterson that Gregg had been
    messaging Patterson from Singleton's account.
    On the afternoon of December 18th, Singleton was driving Kevin Corley and
    Elijah Green to play basketball when Gregg flagged down the car. Gregg asked
    Singleton to drive him to Acacia Street to see Patterson. As Singleton approached
    Patterson's house, Gregg fired a revolver out of the car window towards Patterson,
    who was sitting outside with his girlfriend. One of the bullets struck and injured
    Patterson.
    Patterson's mother recognized the car as Singleton's and informed the police;
    Singleton was arrested shortly thereafter. Although Singleton initially denied any
    involvement in the incident, he eventually admitted to driving the car from which
    the shots were fired. During his police interview with CPD Detectives Thomas
    Bailey and Paul Krasowski, Singleton identified three passengers—Corley in the
    front passenger seat and Green in the rear passenger seat. As to the third person in
    the car, Singleton falsely identified Antonio Barrett, who had no involvement with
    the incident, as the shooter.1 When asked about Gregg,2 Singleton referred to
    Gregg as his "homeboy" but neither identified him as a passenger in his car nor as
    the shooter.
    On December 19, 2014, CPD arrested Barrett and charged him with attempted
    murder. In describing the decision to arrest Barrett—which was based solely on
    Singleton's interview—Detective Krasowki explained that although Singleton lied
    in the early stages of his interview,
    [H]is statement evolved to the point where he was
    relaying information that we were able to corroborate
    through other witnesses. When he identified Elijah
    Green and Kevin Corley, that was consistent with the
    other information that we got at the time. So, it was
    suggesting that he was—there was credibility to the
    statement. He also stated that he did drive by and he
    drove by with the driver's side facing the, the incident
    location, the house of [Patterson]. So, everything was
    jiving. So, when he went on to describe this—this fourth
    person, which turned out to be the shooter, there was no
    reason not to believe him at that point when he did
    provide all that other corroborating information.
    On December 23, 2014, Barrett's mother's fiancé called CPD to report that a
    neighbor could provide an alibi for Barrett. Detective Bailey asked for the
    individual to come to the station to provide a formal statement, but no one did so.
    Barrett remained in jail until he bonded out on February 13, 2015.
    Green, Corley, and Barrett were indicted for attempted murder; however, the State
    dropped Barrett's charges on August 24, 2015, after Corley and Green had both
    made proffer agreements. Police arrested Gregg in connection with the shooting,
    and Gregg admitted he fired the gun. In January 2016, a Charleston County grand
    jury indicted Singleton for attempted murder and obstruction of justice.
    1
    At trial, Barrett testified he was babysitting on the day of the shooting. Although
    he knew of Singleton, Barrett stated he had no problems with him and did not
    know why Singleton gave the police his name. Although Barrett knew Corley and
    Green from middle school, he was not close with them.
    2
    Patterson told police he thought Gregg could be the shooter.
    Singleton moved to quash the obstruction of justice indictment, arguing his lies to
    the police constituted misprision of a felony rather than obstruction of justice.
    Singleton contended the State chose to indict him for obstruction of justice because
    he could not be charged as both a primary actor in the attempted murder and with
    misprision of a felony. Singleton further argued a common law obstruction of
    justice charge was not applicable against a private citizen but rather required a
    violation by "someone [who] takes an oath to administer justice." The circuit court
    denied Singleton's motion to quash the indictment, and the case proceeded to trial.
    At the close of the State's case, Singleton moved for a directed verdict on
    obstruction of justice, arguing his false accusation of Barrett did not obstruct or
    impede the administration of justice because "[t]he correct shooter pled guilty"
    eventually, so he did not "prevent it." In making his directed verdict argument,
    Singleton incorporated his pretrial arguments and renewed his motion to quash the
    obstruction of justice indictment. The circuit court denied Singleton's motions.
    The jury found Singleton not guilty of attempted murder but guilty of obstruction
    of justice. The circuit court sentenced Singleton under the Youthful Offender Act
    to a term of imprisonment not to exceed six years.
    Standard of Review
    "On appeal from the denial of a directed verdict, this Court views the evidence and
    all reasonable inferences in the light most favorable to the State." State v. Bennett,
    
    415 S.C. 232
    , 235, 
    781 S.E.2d 352
    , 353 (2016) (quoting State v. Butler, 
    407 S.C. 376
    , 381, 
    755 S.E.2d 457
    , 460 (2014)). "The Court's review is limited to
    considering the existence or nonexistence of evidence, not its weight."
    Id. "If there
    is any direct evidence or any substantial circumstantial evidence reasonably
    tending to prove the guilt of the accused, the Court must find the case was properly
    submitted to the jury." State v. Harris, 
    413 S.C. 454
    , 457, 
    776 S.E.2d 365
    , 366
    (2015) (quoting State v. Brandt, 
    393 S.C. 526
    , 542, 
    713 S.E.2d 591
    , 599 (2011)).
    Law and Analysis
    Singleton argues the circuit court erred in denying his motion for a directed verdict
    because the State failed to present direct evidence or substantial circumstantial
    evidence to establish Singleton's actions hindered, prevented, impeded, or
    otherwise obstructed the administration of justice. Further, Singleton asserts that
    absent the obstruction of a judicial proceeding,3 "a private citizen's actions that
    hinder law enforcement's initial investigation into a crime, without more, cannot
    constitute obstruction of justice."
    Relying on State v. Cogdell, 
    273 S.C. 563
    , 
    257 S.E.2d 748
    (1979), Singleton
    argued to the circuit court:
    [T]here must be an intentional failure to perform a duty
    which would constitute obstruction of justice. And I
    would argue that that duty is when someone takes an oath
    to administer justice, whether it is a lawyer, whether it's a
    judge, whether it's a magistrate, whether—it is someone
    who is a part of the administration of justice, a public
    official, appointed or elected. It, it—I would argue the
    constitution does not provide that there is a duty on the
    ordinary citizen to come forward when they are charged
    with a crime and give a truthful statement.
    Codgell holds that "[a]t common law it is an offense to do any act which prevents,
    obstructs, impedes, or hinders the administration of justice."
    Id. at 567,
    257 S.E.2d
    at 750 (citing 67 C.J.S. Obstructing Justice §§ 2-3). Although Codgell addressed
    whether common law obstruction of justice had been statutorily preempted in the
    case of a mayor's failure to report certain traffic violations (the court found no
    preemption), it did not address the question of against whom an obstruction of
    justice charge might properly lie.
    3
    To the extent Singleton now argues that for a private individual to be properly
    charged with obstruction of justice, the obstructive act must occur in the context of
    a judicial proceeding, we find this argument unpreserved for appellate review. See
    State v. Kennerly, 
    331 S.C. 442
    , 455, 
    503 S.E.2d 214
    , 221 (Ct. App. 2014) ("In
    reviewing a denial of directed verdict, issues not raised to the trial court in support
    of the directed verdict motion are not preserved for appellate review.");
    id. ("A defendant
    cannot argue on appeal an issue in support of his directed verdict motion
    when the issue was not presented to the trial court below."). However, we note
    Singleton's false accusation resulted in Barrett's being jailed for two months on an
    attempted murder indictment prior to his posting of bond. Thus, as a direct result
    of Singleton's deliberate misidentification, Barrett was subjected to the imposition
    of judicial proceedings.
    Most South Carolina obstruction of justice cases have involved public officials;
    however, this does not preclude a private citizen from being charged with the
    offense. For example, in State v. Needs, our supreme court recognized the
    existence of probable cause for an obstruction of justice charge brought against a
    private citizen after she lied to police and at a pretrial hearing by providing a false
    alibi for her boyfriend. 
    333 S.C. 134
    , 146, 
    508 S.E.2d 857
    , 863 (1998).
    In that case, Needs appealed his convictions for burglary and murder, arguing the
    trial court erred in denying his motions to dismiss his charges due to the State's
    alleged intimidation of his alibi witness, Nancy Smith.
    Id. at 145,
    508 S.E.2d at
    862. Smith initially provided an alibi for Needs, telling police Needs was with her
    on the night of his stepfather's murder, other than from 11:30 p.m. to 12:30 a.m.
    Four months later, Smith admitted to police that she lied in her initial statement
    and claimed Needs had confessed his involvement in the murder. Smith changed
    her statement again some nine months later, in May 1994,
    giving police a similar statement which implicated
    [Needs], but insisting [Needs] had couched his entire
    story in "hypothetical" terms. The State called the case
    for trial in June 1994. At a pretrial hearing, Ms. Smith
    recanted her statements about [Needs's] confession to her
    and testified [he] was with her when his stepfather was
    murdered. She also produced a diary describing that
    evening with [Needs].
    Ms. Smith testified against [Needs] as described above at
    the September 1995 trial. On cross examination, she
    admitted her testimony directly conflicted with the
    testimony she gave at the June 1994 pretrial hearing. The
    diary she testified about at the pretrial hearing was a fake,
    created at [Need's] suggestion . . . . In short, Ms. Smith
    was first a potential witness for [Needs], then a potential
    witness for the State, then a potential witness for [Needs],
    and—finally—an actual witness for the State at trial.
    Id. at 141–42,
    508 S.E.2d at 860–61 (footnote omitted).
    After Smith testified at the June 1994 pretrial hearing, a grand jury indicted her on
    charges of obstruction of justice, accessory after the fact, and misprision of a
    felony.
    Id. at 144,
    508 S.E.2d at 862. Smith eventually pled guilty to misprision
    of a felony, and the State dismissed Smith's remaining indictments.
    Id. Our supreme
    court rejected Needs's arguments that due to the State's efforts to
    intimidate Smith, the trial court erred in either failing to dismiss Needs's
    indictments or refusing to suppress Smith's testimony against him.
    Id. at 145,
    508
    S.E.2d at 862. In affirming Needs's convictions, the supreme court explained, "the
    evidence showed that Ms. Smith had concealed information and lied to
    investigators to protect appellant, facts she ultimately admitted at trial. The
    prosecutor had probable cause to believe Ms. Smith had committed one or more of
    the indicted crimes, and he did not commit misconduct by pursuing the charges."
    Id. at 146,
    508 S.E.2d at 863. See also State v. Samuel, 
    422 S.C. 596
    , 608 & n.8,
    
    813 S.E.2d 487
    , 494 & n.8 (2018) (Kittredge, J., dissenting) (emphasizing the
    importance of trial court discretion in the analysis of a criminal defendant's right to
    proceed pro se and noting that although the charge was nolle prossed after his
    murder conviction, Samuel "was also charged with obstruction of justice for
    repeatedly giving false statements to police in which he identified an uninvolved
    person as the shooter; for snatching one of his written statements from an
    investigator's hand and ripping it up; and for lying to police when he claimed to
    have thrown a gun involved in the murder into a nearby pond—a lie that caused
    three separate law enforcement agencies, including a dive team from Lexington
    County, to expend time and resources over several days searching the pond for a
    non-existent gun" (footnotes omitted)).
    Similarly, Singleton knowingly and intentionally lied to law enforcement to
    prevent Gregg's arrest. See Cogdell, 273 S.C. at 
    567, 257 S.E.2d at 750
    ("At
    common law it is an offense to do any act which prevents, obstructs, impedes, or
    hinders the administration of justice." (emphasis added)). However, Singleton did
    more than simply lie to law enforcement—he intentionally misidentified someone
    he knew to be innocent and caused that person to be jailed and indicted. Although
    Singleton knew first-hand that Gregg shot Victim—because he was driving the car
    from which Gregg fired the shots—he falsely named Barrett as the shooter.
    During his police interview, Singleton provided Barrett's name and physical
    description; he later signed a picture of Barrett, on which he wrote "shot fired from
    my car."
    Based solely on Singleton's interview, the police arrested Barrett on December 19,
    2014; Barrett stayed in jail for two months and was indicted for attempted murder.
    After being subjected to eight months of legal proceedings for a crime he did not
    commit, Barrett's charges were dropped. Although the police eventually arrested
    Gregg, Singleton's actions in lying to the police about Gregg and falsely accusing
    Barrett impeded and delayed the administration of justice. See State v. Love, 
    275 S.C. 55
    , 62, 
    271 S.E.2d 110
    , 113 (1980) ("Success in the effort to obstruct justice
    is not necessary to constitute the offense; it is sufficient if some act is done in
    furtherance of the endeavor."); Hinder, Black's Law Dictionary (10 ed. 2014)
    (defining "hinder" as "to slow or make difficult . . . to impede, delay, or prevent").
    Viewing this evidence in the light most favorable to the State, we find evidence
    existed to reasonably prove Singleton's lies obstructed the administration of justice
    by temporarily preventing Gregg's arrest, hindering the police's investigation of
    Patterson's attempted murder, and causing Barrett to be indicted and jailed for an
    attempted murder with which he had no involvement. See 
    Harris, 413 S.C. at 457
    ,
    776 S.E.2d at 366 ("If there is any direct evidence or any substantial circumstantial
    evidence reasonably tending to prove the guilt of the accused, the Court must find
    the case was properly submitted to the jury."). Therefore, the circuit court did not
    err in refusing to direct a verdict in Singleton's favor on the obstruction of justice
    charge.4
    Conclusion
    Based on the foregoing, Singleton's conviction is
    AFFIRMED.
    KONDUROS and HILL, JJ., concur.
    4
    We recognize Singleton's concern that a broad definition of obstruction of justice
    could lead to potential abuse. However, in light of Singleton's conduct in this case,
    which led to the indictment and two-month detention of an innocent person, this is
    not such an instance.
    

Document Info

Docket Number: 5722

Filed Date: 5/6/2020

Precedential Status: Precedential

Modified Date: 5/6/2020