By Shavonne Potts
spotts@salisburypost.com
The N.C. Court of Appeals has upheld the second-degree murder conviction of a teenager who led police on a high-speed chase across Rowan County that ended when with the death of a 64-year-old woman.
Christopher Crocker was convicted in Rowan County Superior Court in January 2008 in the death of Marsha Setzer Ludwick.
Crocker was eluding police after stealing gas when the truck he was driving crashed into Ludwick’s car, killing her.
Crocker was 15 at the time of the August 2006 crash, and his appeal asserted the District Court presided over by Judge Kevin Eddinger erred in transferring his case to Superior Court to be tried as an adult. The appeal also said Crocker’s attorney, Sally Waters, was ineffective because she did not challenge the transfer.
The appeal also said the Superior Court, with Judge Chris Collier presiding, erred in not allowing testimony from Crocker’s psychological expert.
The Court of Appeals found no error.
Crocker, 18, is serving a term of 11-14 years and is in the Western Youth Institution in Burke County, according to the state Department of Corrections. Records show he is scheduled for release on Aug. 6, 2017.
The court heard the appeal March 11 and handed down its ruling Tuesday.
Authorities said that on Aug. 9, 2006, Crocker took his father’s truck, stole gasoline and led a store owner and authorities on a high-speed chase throughout the county. The chase ended on Bringle Ferry Road, when Crocker crossed the center line and collided head-on with Ludwick’s car.
Crocker’s appellate attorney, Winifred H. Dillon, argued the Superior Court lacked jurisdiction to try him as an adult.
The appeals court decision listed several reasons why the judges found the transfer to Rowan County Superior Court justified, among them that his crime was aggressive and violent.
“This is not the type of crime committed by a child,” the decision says.
The court found that through his interview, Crocker displayed a mature understanding of his actions. His 2002 testing revealed Crocker scored at least average or above average on intelligence testing. The court document said Crocker had a prior record followed by a seven- to eight-month commitment to a South Carolina youth camp where authorities tried to “reform and rehabilitate” him.
If convicted of the Rowan crime as a juvenile, Crocker would have been released by his 19th birthday.
“The court finds that available services would be inadequate and the likelihood of success would be small,” the decision says.
As for his original defense attorney, Waters, providing ineffective assistance by not appealing the transfer of his case to Superior Court, the appeals court found that Crocker would have to prove the failure to appeal was so serious, there’s a probability the trial outcome would’ve been different.
“We disagree,” the appeals court document said.
During a hearing before the trial, Dr. Jerry Noble, a psychologist, told the court Crocker had attention deficit hyperactivity disorder, which affected his ability to foresee the consequences of his actions and made him more impulsive.
The Rowan County District Attorney’s Office was able to have Noble’s testimony suppressed, saying it was irrelevant because diminished capacity, or the lack of ability to comprehend a crime, is not a defense for second-degree murder.
Noble testified that Crocker was sleep-deprived and that, along with his immaturity, made him more susceptible to acting impulsively, negating the element of malice.
However, the appeals court document said fleeing from the police in itself constitutes malice and taking a vehicle without permission indicates a mind “bent on mischief.”
The appeals court said Crocker had not shown the impact of Noble’s testimony would have altered the outcome of his case.