State v. Huey, 243 N.C. App. 446 (Oct. 6, 2015)

In this homicide case, the trial court properly instructed the jury on flight where evidence showed that the defendant shot the victim, got into his vehicle, drove off for a short period of time, and returned; the firearm used to shoot the victim was never recovered. Noting that mere evidence that the defendant left a crime scene is not enough to support an instruction on flight, the court found that here there was evidence that the defendant took steps to avoid apprehension. Specifically the evidence supported the theory that the defendant drove away briefly to dispose of the firearm used in the homicide.