Court overturns decision on Carrboro kidnapping case

Jun. 21, 2013 @ 05:44 PM

A case involving the sexual battery and alleged kidnapping of a woman in Carrboro has been overturned once again.
Originally the N.C. Court of Appeals overturned the kidnapping conviction of Bryant Lamont Boyd, but last week the N.C. Supreme Court reversed the Court of Appeals ruling on the kidnapping conviction.
Boyd went on trial in 2010 after a woman claimed she woke up in the middle of the night to find him in her Carrboro apartment. She testified Boyd kept insisting that he wanted to go into her bedroom and have sex with her, but using techniques she learned as a flight attendant, she was able to talk to him and keep him from taking her into the bedroom.
She claimed she was not able to leave the apartment because he kept himself between her and the doorway. Eventually she agreed to sit on his lap and touch his genitals in order to get him to leave.
A jury found him guilty of sexual battery, burglary and second-degree kidnapping. The kidnapping conviction was used in sentencing, and he was found to be a habitual felon as well.
He was sentenced to 10 to 13 years in prison for the burglary, kidnapping and habitual felon convictions plus an additional 150 days for sexual battery.
When the case went to the Court of Appeals, it ruled there was no evidence to support the kidnapping charge, and therefore the habitual felon conviction should be vacated.
“No evidence was presented at trial indicating the defendant removed [the victim] from her living room,” the Court of Appeals stated.
However, Appeals Court Judge Donna Stroud wrote a dissenting opinion saying that the evidence showed the victim was five feet two inches tall and 105 pounds and the defendant was six feet two inches tall and weighed 250 to 280 pounds.
The victim knew she could not fight the defendant, Stroud wrote, quoting the testimony of the victim who said she used the passive defense techniques she learned for dealing with terrorists.
Stroud wrote that even though the instructions the jury received omitted the instruction about removing the victim from the room, the jury would have reached the same conclusion that the victim was not free to leave and was restrained by Boyd.
The N.C. Supreme Court agreed and sent the case back to the Court of Appeals.
Orange County District Attorney Jim Woodall said a person doesn’t have to struggle or fight to show restraint.
“That would make it easier to prove, but it’s not required,” he said.
Woodall said the case is not over and it will be interesting to see what the Court of Appeals does when it reviews the case again.