THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, January 12, 1995 TAG: 9501120405
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 72 lines
Jurors in the trial of four Norfolk men heard testimony Wednesday that gave them a rare glimpse of violence not often seen in this quiet Outer Banks community.
Gregory Fleming, 19, Norman Lee Robinson Jr., 38, Ralph Lamont Fleming, 21, and Scott Tyrell Perkins, 20, are charged in the robbery-shooting last July 26 that turned a birthday celebration into a nightmare.
They are accused of assault with a deadly weapon with intent to kill, first-degree burglary and three counts each of second-degree kidnapping and armed robbery. If convicted, each defendant could receive a maximum of 230 years plus a life sentence.
In opening testimony, Dion Daniels, 21, of Manteo testified that he was shot four times by Gregory Fleming, and suffered wounds to the chest, thigh, foot and ankle before escaping through a bathroom window at the mobile home where Kimberly Spruill was holding a birthday party.
From the witness stand, Daniels identified Gregory Fleming as his assailant. Fleming stared straight ahead without emotion.
Daniels testified that Gregory Fleming was the only man he saw the night of the shooting. He also testified that he saw a gray Acura Legend leaving the scene of the party. The four defendants were arrested by Kill Devil Hills authorities a short time after the shooting in an automobile matching the description.
Daniels acknowledged on direct testimony that he had served a 10-month sentence for conspiracy to sell and distribute crack cocaine. He admitted on cross-examination that he had been convicted on other misdemeanor crimes.
Attorney Mark Spence, representing Gregory Fleming, challenged Daniels' credibility, referring to statements Daniels gave to authorities two days after the shooting in which Daniels said he saw Ralph Fleming with a 9-mm. handgun. Daniels said he did not make that statement.
Daniels also said he did not recall telling investigators he heard people forcibly enter the trailer and say ``Y'all m - - - f - - - turn around and get on the floor.''
``I didn't say that,'' Daniels said.
Spence also questioned Daniels about the drug trade, asking him if he was familiar with ``8-ball'' and ``16.''
``They're terms,'' Daniels replied.
Spence then asked Daniels if he knew what ``crack'' was.
``It's a controlled substance that alters your mind,'' he said. ``It's an underground industry, sold all over the world. It's how the black man gets rich.''
Later, Daniels told Assistant District Attorney Robert Trivette that he told officers the truth shortly after the shooting.
Spruill, the host for the party, testified that she was playing cards with some guests when three men kicked in the door of her mobile home. She testified that she recognized the Flemings, as well as a third man she identified as Norman Robinson.
Superior Court Judge Jerry Tillett granted a request that the defense be provided with a portion of Daniels' original statement that had been excised from copies provided to the defense.
Those excerpts dealt with a possible dispute between Daniels and the defendants, involving drug transactions.
Out of the presence of the jury, Tillett heard testimony involving a viewing of photographs of three of the defendants by Spruill last Saturday, and the affect that could have had on her identification of the suspects in court.
Prosecution testimony is expected to continue at 9:30 this morning. Attorneys said the trial could last into next week.
KEYWORDS: SHOOTING TRIAL NORTH CAROLINA by CNB