Heard in the Court of Appeals March 19, 2014.
Wake County. No. 12 CRS 201449. Michael J. O'Foghludha, Judge.
Attorney General Roy Cooper, by Assistant Attorney General Daphne D. Edwards, for the State.
Jon W. Myers for Defendant.
STEPHENS, Judge. Judges GEER and ERVIN concur.
Appeal by Defendant from Judgment entered 28 February 2013 by Judge Michael J. O'Foghludha in Wake County Superior Court. Heard in the Court of Appeals 19 March 2014.
Procedural History and Evidence
Defendant Kevin McDonald Henderson was charged with second degree sexual offense on 19 January 2012. The trial began on 20 February 2013 and concluded the following day. The evidence at trial tended to show the following:
Sandra  was walking through a Target store in Raleigh on 17 September 2011 with her young child. She was wearing a knee-length denim skirt with a slit in the back. While perusing the candle section, Sandra noticed a man, who was later determined to be Defendant, standing nearby. Sandra moved on to the cosmetics area and gave her child permission to explore the candy section, which was located " a few aisles down."
Sandra began looking at makeup. Another woman was standing about two feet away. As Sandra bent down to pick something off the bottom shelf, she felt fingers " coming up between the slit in my skirt, parting between my buttocks, and touching in between my vaginal lips."
And I was, like -- [the] first thing I thought was, like, my brain was trying to process something. And I don't know if anyone's ever had the experience of being in a grocery store aisle and, like, a three-year-old kid reaches up your skirt, but they don't mean it, you know, when a little kid does it. So the first thing my brain is trying to process is what was happening, was there a kid? And, like, my brain is, " Okay. No kid is going to do that." It was almost that feeling of, like, you know, something inappropriate. And I guess my brain was just grasping for it being a kid or something.
At that point, Sandra turned around and saw Defendant. " He was very close to me. His face was there. I saw him. He looked at me, and he ran. He ran right away." As Defendant left, Sandra heard the other woman say, " What ...