in the Court of Appeals April 23, 2019.
by defendant from judgment entered 17 May 2018 by Judge
Forrest D. Bridges in Mecklenburg County Superior Court. No.
15 CRS 238695
Attorney General Joshua H. Stein, by Assistant Attorney
General Cathy Hinton Pope, for the State.
L. Hayes for defendant-appellant.
Mario Massey ("Defendant") appeals from a judgment
entered after a jury found him guilty of first-degree
kidnapping. We find no error.
Automotive is a used car dealership and auto repair shop
located in Charlotte. Approximately two weeks before the
kidnapping at issue occurred on 26 October 2015, Defendant
brought his white Chevrolet 3500 pickup truck to Jaz
Automotive to have his power steering repaired. Shawn Kinard
was one of the mechanics who worked on Defendant's truck.
Kinard and mechanics replaced the power steering pump in the
truck. Defendant's truck was operating normally when he
picked it up from Jaz.
returned to Jaz Automotive with a tow truck towing his pickup
truck on Saturday, 24 October 2015. Defendant told Kinard his
pickup truck would not start. Kinard testified, in part:
"[Defendant] was insinuating as if it was something we
had [done] when we replaced the power steering pump."
Kinard asked Defendant to return on Monday to speak to one of
the owners of Jaz Automotive.
returned to Jaz Automotive the following Monday, 26 October
2015. Defendant had his truck towed to the front of Jaz's
parking lot. Defendant entered the offices of Jaz Automotive
and began speaking with Grady Lockhart
("Lockhart"), one of Jaz's owners. During this
time, Kinard was working on another vehicle in the back part
of Jaz's parking lot, away from where Defendant's
truck was parked. Lockhart accompanied Defendant to speak
with Kinard about the pickup truck.
Defendant spoke with Kinard about the pickup truck, Kinard
told him to "give me a few minutes" and
"I'll see what I can do." Defendant returned to
his truck while Kinard continued working on another
time later, Kinard looked up and saw Defendant walking
towards him wearing a tactical vest and carrying a shotgun.
Lockhart observed Defendant was carrying a shotgun and
walking towards Kinard. Lockhart called 911. Kinard testified
"[Defendant] walked up on me and he clicked the shotgun
and he asked me, 'Do you have time to look at my truck
now?' And so I proceeded to put my hands up and say,
'Let's go look at your truck.'" Kinard
walked to the front of the lot where Defendant's picktup
truck was parked, while Defendant pointed his shotgun at
told Kinard "If you make any sudden moves . . . I'll
put a bullet in your back right here." Kinard looked
into the engine bay of Defendant's pickup truck, while
Defendant pointed the shotgun at him. Defendant fired a shot
at the ground, close to Kinard's feet. Defendant pumped
the shotgun again, turned his back to Kinard and fired a shot
into the air.
Defendant was turned away from him, Kinard ran out of the lot
to a gas station located down the road and called 911.
Defendant did not tell Kinard he was free to leave.
Police Sergeant Bryan Crum ("Sergeant Crum") was
the first law enforcement officer to arrive on the scene.
Sergeant Crum parked his vehicle a short distance from Jaz
Automotive. Sergeant Crum observed "a guy walking
through the parking lot carrying a shotgun, had a hat on and
he was smoking a cigarette." Sergeant Crum later
identified this person as Defendant. Sergeant Crum drew his
firearm and ordered Defendant to put the shotgun down.
Defendant placed the shotgun in the back seat of his pickup
truck and was arrested. Sergeant Crum observed a gunshot mark
in the asphalt pavement in front of Defendant's pickup
truck. Police recovered the shotgun Defendant had wielded
along with the tactical vest Defendant had been observed
wearing. A sheathed machete was present on the back portion
of the tactical vest.
was charged with second-degree kidnapping, assault with a
deadly weapon, assault by pointing a gun, discharging a
firearm within a city limit, and first-degree kidnapping with
the use or display of a firearm. Prior to trial, the State