Sample Forms and Colloquies

STATE OF NORTH CAROLINA
GASTON COUNTY
STATE OF NORTH CAROLINA )
)
vs. ) ORDER
)
)
BOBBY EUGENE HELMS, )
Defendant )
___________________________)
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
02 CRS 70069, 70093, 70063, 70067, 70068
This Order is entered upon a hearing conducted on Defendant’s Motion to
Suppress filed prior to trial concerning certain statements made given by the Defendant
herein to Officers Aaron Werster and Chris McCauley of the Gastonia Police
Department on December 10, 2002, concerning an incident occurring on West Franklin
Boulevard, Gastonia, North Carolina on December 10, 2002, resulting in the death of
Mildred Joan Padron. Whereupon, a hearing was conducted in open court, in the
absence of the jury. Defendant was present in court with his counsel, Cindy Melton.
From the evidence presented, the undersigned finds as facts the following by at least a
preponderance of the evidence:
2. In ruling upon this Motion, the Court has had an opportunity to observe
the manner and demeanor of each witness and to determine the credibility of each
witness. The testimony considered in ruling upon this Motion included the testimony of
Chris McCauley, Aaron Werster and Michael Lari. Defendant did not offer evidence
during the suppression hearing.
3. Defendant was placed under arrest on December 10, 2002. At
approximately 3:30 p.m. on that date, a collision occurred on West Franklin Boulevard.
According to witness statements, Defendant was operating a crème colored Mercedes,
traveling in a westerly direction on Franklin. Another driver traveling in the same
direction noticed Defendant weaving in and out of the center lane of traffic and actually
contacted the county dispatcher to report the erratic driving. While this witness was on
the telephone, Defendant accelerated and sideswiped from the rear a Plymouth
Horizon being operated by Carolyn Beechum. Mildred Joan Padron was a passenger
in the Horizon. After being sideswiped by the Defendant, Ms. Beechum’s vehicle
swerved and crossed over the centerline into the face of oncoming traffic, resulting in a
collision with a vehicle being operated by Tammy Frances Featherstone. Both Ms.
Beechum and Ms. Padron suffered extensive injuries in the collision, with the injuries to
Ms. Padron proving to be fatal.
4. Immediately after the collision, Defendant continued in his previous
direction of travel. The driver who had called to report the Defendant’s driving followed
the Defendant, remaining on the line with dispatch so as to direct officers to
Defendant’s location.