IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA18-885 Filed: 16 April 2019 New Hanover County, Nos. 17 CRS 54155-56 STATE OF NORTH CAROLINA v. KOLTON JAMES THOMPSON, Defendant. Appeal by defendant from judgments entered 5 April 2018 by Judge Richard Kent Harrell in New Hanover County Superior Court. Heard in the Court of Appeals 27 March 2019. Attorney General Joshua H. Stein, by Assistant Attorney General John P. Barkley, for the State. James F. Hedgpeth, Jr., for defendant-appellant. ARROWOOD, Judge. Kolton James Thompson (“defendant”) appeals from judgments entered on his convictions for assault with a deadly weapon with intent to kill inflicting serious injury and possession of a firearm by a felon. For the reasons stated herein, we find no error in part, and dismiss in part. I. Background A New Hanover County Grand Jury indicted defendant for assault with a deadly weapon with intent to kill inflicting serious injury and possession of a firearm by a felon on 31 July 2017. The matter came on for trial on 4 April 2018 in New STATE V. THOMPSON Opinion of the Court Hanover County Superior Court, the Honorable Richard Kent Harrell presiding. The State’s evidence tended to show as follows. On 7 May 2017, the Wilmington Police Department responded to a report that a shooting had taken place at a nightclub called the Sportsman’s Club. One of the responding officers, Officer Wade Rummings, testified that “[a] lot of people” were “hanging around the parking lot, walking out of the club[,]” but “[e]veryone said they didn’t see or hear anything.” However, when he canvassed the scene, Officer Rummings “located a spent shell casing on the sidewalk leading north to the back parking lot.” He also found a shell about five to ten feet from the shell casing. Eventually, the officers were able to determine the victim, Angeleos Williams, had been transported to the hospital to be treated for “a gunshot wound to his leg or thigh.” The officers obtained a copy of the nightclub’s security video that recorded the shooting. The video depicts “[a] subject[ ] walking . . . down the northwest side of the building towards the front of the . . . business. And then, again, shortly thereafter with the victim, walking alongside of the victim, and then the shooting occurred.” Based on the video, Detective Lonnie Waddell (“Detective Waddell”) identified the shooter as defendant. Detective Jeremy David Barsaleau (“Detective Barsaleau”) and one other detective used this information to create a photo lineup that included defendant. The lineup was shown to the victim, who did not confirm the shooter’s -2- STATE V. THOMPSON Opinion of the Court identity. However, Detective Barsaleau testified the victim’s demeanor “appeared [as though] he wanted not to really identify the suspect, that -- that he knew who he was, but has had personal dealings with a brother of his in the past that had been killed because he had snitched and didn’t want to become part of that as well.” Based upon ...
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