Murder conviction will be appealed

A man who pleaded no contest to stabbing another man to death in Rock Springs will serve a long prison sentence unless he wins his appeal.

Charles K. Carter, 28, of North Carolina, who was charged with first-degree murder after he stabbed another man in front of the Rock Springs Loaf N Jug on Foothill Boulevard, appeared in the Third District Court of Judge Nena James at a sentencing hearing.

In exchange for his no contest plea, the charge was reduced to second-degree murder and he was given a 40 to 80 year prison sentence with credit given for 337 days of pre-sentence confinement. When a person pleads no contest, they are neither admitting nor denying the allegations, they are simply admitting that there is enough information in the affidavit to convict them of the crime.

After his sentencing hearing, Carter filed a motion to proceed on appeal in the Third District Court of Judge Nena James. The appeal request was granted. Since Carter has no way to pay for his own attorney, a public defender will represent him for the appeal.

According to court documents, on May 9, 2016, Rock Springs Police officers and Sweetwater County Sheriff’s Deputies responded to a call of a stabbing at the Loaf N Jug.

When officers arrived at the scene, several people in front of the store were pointing and yelling at a guy with a knife who had run to the west side of the building. A deputy approached Carter and told him people said he stabbed another man. The deputy noticed blood on his shirt and right hand.

The deputy placed Carter in handcuffs; and put him in the vehicle while the investigation continued. This same deputy then found a folding pocket knife where Carter was at when the police cars first arrived. The knife looked like it had blood and tissue on it.

During this time, an RSPD officer entered the store and saw a man laying on the ground in a pool of blood. People were performing CPR on him.

The officer then spoke to Daniel Hollowell, who was the supervisor for the large group of people at the store. Hollowell told the officer they were a group of door-to-door salespeople that had arrived in Rock Springs earlier that day. He told the officer Toboris Lee was stabbed by Carter; and they were both his employees.

Lee was transported to the hospital where he died from his injures.

Prior to being transported, an officer noticed Lee had injuries consistent with stabbing injuries to his abdomen, chest, shoulder, face, palm and back.

Witness Bryan Cunningham was interviewed and told the detective he had stopped at the gas station to use the bathroom and was talking to Lee. He said Lee and Carter got into a confrontation and Carter stabbed Lee. After he was stabbed, Lee made his way to the store and then collapsed. Cunningham said Carter got back in the van to leave when the rest of the group got back, but they told him to get out of the van. He then went to the west side of the building.

Cunningham said no punches were thrown and no one else was involved in the altercation.

Carter was then read his Miranda rights and told the officer Lee had owned him $10, but Lee didn’t intend on paying him back. Carter said that he told people in the van about it and they started laughing at him and it made him mad.

After the stopped at the gas station, Carter said he thought Lee was going to hit him so he pushed him. He said this happened in the store and then when they were outside of the store Lee confronted him again.

Carter said he told Lee if he had a problem take care of it. He said he then felt threatened by Lee and had to defend himself for he pushed Lee and after that he blacked out. He said he recalled being in a scuffle with Lee on the ground and someone had to pull them apart.

He said he was out of breath, but couldn’t recall where Lee went.