Court of Appeals overturns portion of man’s sentence for driving car into restaurant

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Jacob Mark Spivey
Jacob Mark Spivey

A Wilmington man, who was convicted of crashing his car into a local restaurant and injuring a woman over a political disagreement in January 2013, has had a part of his sentence overturned by the N.C. Court of Appeals.

Jacob Mark Spivey, 28, was convicted on May 9, 2014, on charges of assault with a deadly weapon inflicting serious injury, six counts of assault with a deadly weapon, felony hit-and-run, injury to real property and reckless driving to endanger, according to court records.

On Jan. 11, 2013, Spivey was arrested on charges of injuring a woman with his vehicle after a political dispute outside Katy’s Great Eats, 1054 S. College Road.

The woman reportdly began to tell jokes about President Barack Obama and asked Spivey, who was standing alone outside, which candidate he voted for, the record states. When Spivey replied that he had voted for President Obama, the woman reportedly mocked Spivey. Spivey got into his car and drove into the front of the bar, hitting the woman and several people inside.

According to Wilmington Police Department Detective Kevin Smith, the woman was taken to New Hanover Regional Medical Center to be treated for severe wounds and broken bones following the incident. The crash caused about $50,000 in damage to the restaurant.

Spivey admitted he was at the bar and he was upset by a woman who made a comment about his political beliefs. Spivey said he intentionally drove over the curb, onto the patio and through the bar to hurt the woman, Smith said.

In his appeal, Spivey contended that the indictment charging him with the damage to the restaurant was invalid because it failed to prove that Katy’s Great Eats was a legal entity capable of owning property.

The court of appeals agreed in its opinion of the case, which was heard on Feb. 5.

The opinion states that the indictment on the charge “did not contain any allegation that the victim, Katy’s Great Eats, is a legal entity capable of owning property, and the name of Katy’s Great Eats does not otherwise import a corporation or other entity capable of owning property, as required. We, therefore, must conclude that the incident charging [the defendant] with injury to real property is invalid on its face”

The court of appeals vacated the judgment on the charge and remanded the matter for resentencing in New Hanover County Superior Court.

 

Spivey was sentenced between two years and 7 months and four years and 11 months in prison, according to the N.C. Department of Corrections. He is being held at Johnson Correctional Institution in Smithfield.

According to a spokeswoman for District Attorney Ben David, a new court date for Spivey’s amended sentencing has not been set.