State v. Ford, 245 N.C. App. 510 (Feb. 16, 2016)

In this voluntary manslaughter case, where the defendant’s pit bull attacked and killed the victim, the trial court did not err by admitting a rap song recording into evidence. The defendant argued that the song was irrelevant and inadmissible under Rule 403, in that it contained profanity and racial epithets which offended and inflamed the jury’s passions. The song lyrics claimed that the victim was not killed by a dog and that the defendant and the dog were scapegoats for the victim’s death. The song was posted on social media and a witness identified the defendant as the singer. The State offered the song to prove that the webpage in question was the defendant’s page and that the defendant knew his dog was vicious and was proud of that characteristic (other items posted on that page declared the dog a “killa”). The trial court did not err by determining that the evidence was relevant for the purposes offered. Nor did it err in determining that probative value was not substantially outweighed by prejudice.