Freeman

Deputies lead Wendell Freeman from the Columbus County Courthouse following his sentencing.

• Jury’s decision sends 37-year-old father of six to prison without opportunity for parole in 2004 murder of Andrew Brown.

By BOB HIGH
Staff Writer

Wendell Freeman was stunned into silence Thursday afternoon when he finally understood Judge Gregory Weeks was sentencing him to life in prison – a term to be served to the end without a chance of parole.

The 37-year-old Hallsboro father of six had been sentenced to life after a jury took 75 minutes to find Freeman guilty of first-degree murder in the August 2004 single-shot murder of Andrew Brown, 42, of Whiteville.

Weeks was discussing with Freeman his plea before the murder trial began in a possession of firearm by a felon case. Weeks told Freeman he didn’t know whether to add time to his life term, or to have the additional term run concurrently.

“You’ll never be paroled, so it doesn’t make any difference whether I make it at the expiration of your life term, or have it run concurrently,” Weeks told Freeman, and then decided concurrent would be sufficient.

‘. . .I’ll never get out?’

“You’re telling me, your honor, that I’ll never get out?” Freeman asked in a quavering voice.

“Yes, that’s the law. Life without parole means exactly that under North Carolina law.”

“You’ve got your job to do, your honor, but . . . “ a stunned Freeman said as his voice trailed to silence. He was handcuffed and led from the courtroom.

Freeman said much more about the verdict, the shooting on Aug. 14, 2004, his family, Brown’s family as he talked for about 10 minutes prior to his sentencing.

The jury of nine women and three men delivered its verdict at 3:45 p.m., and there were gasps of relief from members of the Brown family, and gasps of sorrow and sobs from Freeman’s family, seated across the courtroom aisle.

Fell on stairs

All testimony concluded Wednesday, and proceedings Thursday were delayed for nearly two hours because Freeman, shackled and wearing leg restraints, tumbled down the long stairway leading the second floor of the courthouse.

After being checked at the local hospital, Freeman returned to the courtroom at 11 a.m. Before summations and final arguments to the jury by the defense and state, Freeman admitted he shot Brown.

But, the jury never heard it. They were sent out of the courtroom before attorney Scott Dorman announced he had been authorized by Freeman to admit voluntary manslaughter during Dorman’s address to the jury – if Dorman so desired.

Lee Bollinger, assistant district attorney, opened and closed the summations. He began by telling the jury, “This is a case about choices.” He noted the choices Freeman made – having the pistol, shooting Brown and evading arrest for a year.

“I’m not going to insult your intelligence to mention a not guilty verdict. Malice is not part of voluntary manslaughter. He’s either guilty of first or second-degree murder,” Bollinger stated.

‘Passion that night’

“You have to determine if Wendell Freeman had ill will, hatred in his heart when he turned that van around and went back to where Mr. Brown was standing. What he did was murder.”

Dorman talked about “passion that night” and “passion in the courtroom,” referring to Bollinger when he raised his voice during his first presentation. “He was just trying to get your ire up,” Dorman said.

The attorney talked about voluntary manslaughter, but never told the jury that Freeman admitted that specific charge.
He noted that if the state failed to meet the burden of proof of first or second-degree murder Freeman “can be guilty of no more” than manslaughter.

Dorman said testimony showed the confrontation that night was “push, swing, shot. It happened too fast for premeditation.”

Pleaded for
manslaughter

The attorney said Bollinger “will raise his voice and try to raise your passion” during his final argument. “You need to keep and cool mind to reach a decision,” Dorman said.

He asked the jury to be passionate about “doing your job, not passionate about punishing Wendell Freeman.” Dorman continued to plead for a manslaughter verdict, and never mentioned “not guilty.”

“I’m not going to apologize for getting upset and passionate about murder,” Bollinger shouted as he began his last presentation. He spoke very loudly for a full minute, and then said, “I’ll try and calm down.”

He asked the jury, “If a man is slow getting out of the way, you have a right to kill him?” He noted Brown was 66 inches tall and weighed 150 and was bullied by Freeman who weighed close to 250 pounds.

“Law enforcement has done its job. What are you going to do? It might take some grit, some courage, some steel down in your soul, but we ask for first-degree murder,” Bollinger said in closing.