## Facts

- After 11:00 p.m. on November 5, 1999, David Ray Baker went outside his home and was later shot in his backyard.
- George William Blackwell, Sr., lived next door in a rooming house; a housemate heard an angry exchange outside, heard Blackwell say “back off,” and then heard a gunshot.
- Baker was found fully clothed with a fatal neck wound; no weapon was found on his person or in his backyard, and an apparent toy pistol was found about 30 feet away in an abandoned car.
- A chain-link fence separated the properties; the body’s position and lighting conditions were documented by investigators.
- Blackwell consented to a search of his room; police found a 12-gauge shotgun with a sawed-off barrel on his bed and a spent shell on a bedside table.
- A firearms examiner measured the shotgun (15.5-inch barrel; 24-inch overall length), testified it was below lawful minimum dimensions, and matched the spent shell to the shotgun.
- Blackwell testified he shot Baker in self-defense during a confrontation near the fence, claiming Baker was the aggressor and that Blackwell feared for his safety.
- A jury convicted Blackwell of voluntary manslaughter and possession of a weapon of mass death and destruction (short-barreled shotgun); the trial court imposed an active prison sentence.

## Issues

1. Whether the evidence was sufficient to permit the jury to reject self-defense and convict Blackwell of voluntary manslaughter.
2. Whether the evidence was sufficient to support conviction for possession of a weapon of mass death and destruction based on a short-barreled shotgun.
3. Whether the trial court erred by admitting the firearms examiner’s opinion that the shotgun was manufactured after 1905, where the examiner relied in part on specialized internet research relevant to an “antique” exception.

## Decision

- The court affirmed the judgment and found no error.
- The court held the State presented substantial evidence supporting voluntary manslaughter and allowing the jury to find self-defense was not justified.
- The court held the State presented sufficient evidence that Blackwell knowingly possessed a prohibited short-barreled shotgun within the statutory definition of a weapon of mass death and destruction.
- The court held the trial court did not abuse its discretion in admitting the firearms examiner’s testimony regarding the shotgun’s era of manufacture, including reliance on specialized internet materials.
- The court concluded Blackwell failed to show prejudicial error warranting a new trial.

## Legal Principles

- On a sufficiency challenge, the question is whether substantial evidence supports each element and permits a rational jury to reach the verdict when evidence is viewed in the State’s favor.
- Self-defense may be rejected by the jury based on physical facts and circumstantial evidence indicating the defendant used deadly force not reasonably necessary to prevent death or great bodily harm.
- A shotgun meeting statutory short-barrel dimensions may constitute a prohibited weapon of mass death and destruction; expert measurements and other proof of possession can establish the offense.
- A qualified expert may base an opinion on information reasonably relied upon by experts in the field, even if the underlying material is not independently admissible; weaknesses in the basis ordinarily go to weight via cross-examination.
- Reversal requires a showing of prejudice; admission of arguably questionable evidence is harmless where other competent evidence independently supports the verdict.

## Conclusion

The court upheld Blackwell’s convictions because the State’s physical and circumstantial evidence permitted the jury to reject self-defense and because expert measurements and related testimony established Blackwell’s knowing possession of a prohibited short-barreled shotgun, with no showing of prejudicial trial error.


State v. Blackwell, 163 N.C. App. 12, 592 S.E.2d 701 (N.C. Ct. App. 2004)