State v. Gorham, ___ N.C. App. ___, 822 S.E.2d 313 (Nov. 20, 2018)

In this felony speeding to elude case, the State presented sufficient evidence that the defendant caused property damage in excess of $1000, one of the elements of the charge. At trial, an officer testified that the value of damages to a guardrail, vehicle, and house and shed exceeded $1000. Additionally, the State presented pictures and videos showing the damaged property. The court noted that because the relevant statute does not specify how to determine the value of the property damage, value may mean either the cost to repair the property damage or the decrease in value of the damaged property as a whole, depending on the circumstances of the case. It instructed: “Where the property is completely destroyed and has no value after the damage, the value of the property damage would likely be its fair market value in its original condition, since it is a total loss.” It continued, noting that in this case, it need not decide that issue because the defendant did not challenge the jury instructions, and the evidence was more than sufficient to support either interpretation of the amount of property damage. Here, the officer’s testimony and the photos and video establish that besides hitting the guard rail, the defendant drove through a house and damaged a nearby shed. “The jury could use common sense and knowledge from their ‘experiences of everyday life’ to determine the damages from driving through a house alone would be in excess of $1000.