Donald Edward Sweat

Lee County, NC

Donald Edward Sweat

Feb 23, 2007 (Sanford)

Donald Edward Sweat was convicted of assault with a deadly weapon inflicting serious injury. He was sentenced to 93 to 121 months of imprisonment. Sweat's alleged victim, John Hunter, was assaulted between 7 p.m. and 9 p.m. near his mailbox at the intersection of Cletus Hall and Buchanan Farm Roads in Sanford, NC. The assailant struck John several times in the face, breaking a cheekbone and his jawbone. John's brother, Joe Hunter, had driven John to the mailbox and told the assailant to stop, but the assailant threatened to kill him if he did not get back in his car. The assailant then threatened to kill John and slashed his arm with a knife, cutting the sleeve of his coat and requiring him to get nine stitches on his arm. The assailant left the scene and the Hunters drove 1 1/2 miles to John's house where they called the police at 9:08 p.m.

Sweat lived with his aunt, Vonnie Hall, across a five acre lot from John Hunter's mailbox. Between 8:00 p.m. and 8:30 p.m., Hall pulled into her driveway behind a car driven by Sweat's friend in which Sweat was a passenger. She reprimanded Sweat and his friend because out on the road they had been driving closely behind her with their bright lights on. According to Hall, Sweat “started acting crazy” and argued with his friend about having his high beams on. Sweat went outside and Hall watched him walk down the road in a direction away from the intersection with the mailboxes. Sweat came back to the house and said, “I can't satisfy nobody. I hurt everybody I see.” He began giving his things to his aunt such as a watch and jewelry he was wearing and items in his pockets, including his wallet and a fold-up razor blade. Hall stated he used the blade to cut dogs' ears. Sweat went outside and began yelling, then asked his friend to take him to jail. The two men left. Magistrate Randy Carter testified that Sweat came to his office and stated that he “wanted to turn himself in, that he had hurt somebody, and he needed to be locked up.” Carter called the Sheriff's office and police soon charged Sweat with assaulting John Hunter.

At trial, neither John Hunter nor Joe Hunter could not identify Sweat as the assailant they saw. The only description they had given of the assailant was that he was a man or a boy. Sweat's defense asked for a directed verdict of acquittal due to insufficient evidence, but it was refused. On appeal in April 2009, the North Carolina Court of Appeals agreed with Sweat that the evidence was insufficient and reversed his conviction. (State v. Sweat) [7/09]