The N.C. Attorney General’s Office is seeking to review a North Carolina Court of Appeals ruling, which overturned a portion a Wilmington man’s sentence after he was convicted of crashing his car into a local restaurant.
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.
Spivey was charged with injuring a woman with his vehicle after a political dispute outside Katy’s Great Eats, 1054 S. College Road, on Jan. 11, 2013. Spivey drove his car into the front of the bar, hitting the woman and several people inside.
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 in February. The court of appeals vacated the judgment on the charge and remanded the matter for re-sentencing in New Hanover County Superior Court.
On April 24, the N.C. Supreme Court granted the attorney general’s office motion of temporary stay, which keeps the case from returning to New Hanover County Superior Court. According to Samantha Cole, a spokeswoman with the N.C. Attorney General’s Office, a petition for discretionary review of the court of appeals opinion was filed on April 23.
If the Supreme Court grants the State’s petition, it will accept the case for review, Cole said. The case would be argued sometime in the fall, and the court would issue an opinion in the months following the argument. But if the Supreme Court denies the petition for discretionary review, then the opinion of the court of appeals would be in effect. The temporary stay would be dissolved, she said.
Spivey was sentenced between two years and seven 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.