Smith's Criminal Case Compendium
Table of Contents
State v. Madonna, ___ N.C. App. ___, 806 S.E.2d 356 (Oct. 17, 2017)
In this murder case, there was sufficient evidence of premeditation and deliberation. The evidence showed that the victim suffered from a heart condition and other ailments. In the months before his death, the defendant and the victim--who were married--were arguing about financial issues. The defendant began a romantic relationship with her therapist and planned to ask the victim for divorce. A search of the home computer discovered Internet searches including “upon death of the veteran,” “can tasers kill people,” “can tasers kill people with a heart condition,” “what is the best handgun for under $200,” “death in absentia USA,” and “declare someone dead if missing 3 years.” On the date of death, the defendant visited her nephew, expressed concern about her safety due to break-ins in her neighborhood, and received from her nephew a gun and a knife. Shortly after that, she returned home and asked the victim to go on a drive with her. The defendant took the gun and knife in the car and used the weapons to kill the victim, shooting him and stabbing him approximately 12 times. Later in the day, the defendant messaged her therapist “it’s almost done” and “it got ugly.” After the incident, the defendant got rid of her bloodstained clothing, threw away the victim’s medications and identification, and said that he had either gone to Florida or was at a rehabilitation center.