State v. Rogers
| Decision Date | 22 July 2014 |
| Docket Number | No. 20130357.,20130357. |
| Citation | 848 N.W.2d 257,2014 ND 134 |
| Court | North Dakota Supreme Court |
| Parties | STATE of North Dakota, Plaintiff and Appellee v. Ronald William ROGERS Jr., Defendant and Appellant. |
OPINION TEXT STARTS HERE
Tristan Jones Van de Streek, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.
Benjamin C. Pulkrabek, Mandan, ND, for defendant and appellant.
[¶ 1] Ronald William Rogers Jr. appealed from a criminal judgment entered by the district court after he conditionally pled guilty to murder and willful disturbance of a dead body. We affirm, concluding Rogers was not in police custody when he confessed to the crimes and that his confession was not involuntary.
[¶ 2] At approximately 10:30 p.m. on February 19, 2013, Fargo Police responded to a 911 call reporting an alleged suicide. The caller, Ronald William Rogers Jr., reported his wife committed suicide in their South Fargo home. When officers arrived at the scene they discovered the dead body of Elizabeth Rogers lying on the floor near an upstairs bedroom. The victim appeared to have suffered a single gunshot wound to the head. The victim was also holding a semi-automatic handgun in her right hand.
[¶ 3] Rogers was at home when officers arrived. Rogers gave officers verbal consent to search the home. Shortly thereafter, Rogers appeared to suffer a panic attack, and he was taken to Essentia Hospital in Fargo. Officers later obtained a search warrant and searched the home.
[¶ 4] While at Essentia Hospital, Rogers was questioned by Detective Ysteboe. The interview was recorded. Rogers told the detective that he and Elizabeth had been drinking and had an argument. Rogers stated he went to bed and Elizabeth came into the bedroom with a gun and shot over his head twice. Rogers stated Elizabeth shot herself before he was able to grab her. Rogers indicated Elizabeth held the gun in her right hand, raised the weapon to the right side of her head and fired the weapon. Rogers was not allowed to return to his residence that evening, and instead stayed the night at the Fargo Days Inn.
[¶ 5] On the morning of February 21, staff at the Days Inn contacted the Fargo Police and requested officers to conduct a welfare check on an intoxicated man in the hotel lobby. Officer Ronning responded to the call and made contact with Rogers, who appeared intoxicated and emotionally distraught. Officer Ronning was not involved in the underlying suicide investigation. Rogers made a comment that Officer Ronning considered a suicidal threat. As a result of the threat, Officer Ronning brought Rogers back to Essentia Hospital. Officer Ronning completed a 72–hour mental health evaluation form so that medical staff could see Rogers. Rogers was then turned over to hospital staff and placed under a medical hold by Essentia.
[¶ 6] Later in the afternoon, Rogers was discharged from Essentia and transferred by ambulance to Prairie St. John's Hospital in Fargo. Carrie Avery, the House Charge Supervisor at Prairie St. John's, testified at the suppression hearing that Rogers was transported by ambulance to Prairie St. John's after doctors at Essentia referred him to Prairie's Needs Assessment Department. Prairie assessed Rogers based on his medical documentation, laboratory results, and other pertinent information. Following the assessment, Prairie conducted a three-way consultation between Prairie's medical doctor, a licensed addiction counselor, and the referring doctor from Essentia. Law enforcement was not involved in any discussion or decision to discharge Rogers from Essentia or admit him to Prairie. Avery testified Prairie does not honor medical holds placed on individuals by law enforcement; the doctor makes the actual decision whether or not the hold continues.
[¶ 7] Elizabeth's autopsy was also conducted on February 21. The autopsy revealed the bullet entrance wound was on the left side of Elizabeth's head and not the right side as Rogers previously indicated. A second search warrant was executed and officers collected additional information from the scene of the shooting. At that point, the suicide investigation turned into a murder investigation.
[¶ 8] At about 9:20 p.m. that evening, Rogers, who was under medical hold at Prairie St. John's, called the Fargo Police Department and attempted to speak with a supervising officer. A supervising officer was unavailable at the time, so Rogers spoke with Lieutenant Renner. Rogers inquired as to the results of his wife's autopsy. Rogers said he wanted to speak with law enforcement.
[¶ 9] Detectives Loos and Ysteboe went to visit Rogers at Prairie at approximately 1:00 a.m. on February 22. When they arrived at the Prairie facility, the detectives were met by Carrie Avery, the House Charge Supervisor. Avery did not immediately grant the detectives access to meet with Rogers. The detectives told Avery that Rogers had requested earlier in the evening to speak with them, and they asked if they could speak with Rogers at that time. Avery instructed the officers to wait in the lobby. Avery contacted Geoffrey Maina, the RN who was working directly with Rogers, to ascertain whether he still wanted to speak with the detectives. Rogers was apparently sleeping at the time. After being woken up, Rogers told Maina he wanted to speak with the detectives.
[¶ 10] Avery instructed the detectives that they could use a report room for the interview. Avery decided where the interview was conducted. At the suppression hearing, Avery described the interview room as a quiet space where detectives and Rogers could have privacy to talk. She also described the room as large and well lit. The room had two entrances, a window on the backside of the wall, and was furnished with tables and chairs.
[¶ 11] The interview was recorded by audio and video equipment. The detectives did not lock or block the doors. The detectives wore street clothes. The detective's badges and guns were on their belts. Detective Loos' gun and badge were concealed by his sweatshirt. During the interview, Rogers was able to move around the room. Detectives also provided Rogers with a plastic gun to reenact the events that took place. Rogers also used the detectives to act out the shooting. Rogers was not handcuffed, nor was he read a Miranda warning. During the interview, Rogers admitted to shooting his wife.
[¶ 12] Based on this confession, Rogers was charged with murder and willful disturbance of a dead body. Rogers filed a motion to suppress his confession. At the hearing on the motion, Detective Ysteboe testified that at the beginning of the interview Rogers seemed a little groggy and sleepy. Ysteboe testified that Rogers said he had just woken up, but that he was feeling good. The detective testified Rogers did not appear intoxicated, did not have trouble walking, and did not have trouble communicating or slur his speech.
[¶ 13] Detective Loos also testified. Detective Loos testified he attended the autopsy and learned that the entry wound was on the victim's left side of the head. The detective testified he interviewed Rogers at Prairie for approximately two and a half hours. The detective stated the interview was conversational. He testified,
[¶ 14] Geoffrey Maina, the RN assigned to work with Rogers at Prairie, also testified. Maina testified it was his job to ensure Rogers was safe during the night. Maina testified he gave Rogers 100 milligrams of Trazadone, a medication for sleep, at approximately 12:11 a.m. on the morning of February 22. Maina stated he observed Rogers go to bed at 12:30 a.m. Maina testified he woke Rogers up after Avery, the House Charge Supervisor, called him from the front desk and said there were detectives who wanted to speak with Rogers. Maina testified Rogers woke up at approximately 1:30 a.m. Maina testified Rogers wanted to speak with the detectives. Rogers appeared alert, awake, and was communicative. Maina also testified he did not have time to assess Rogers for effects of the Trazadone. Maina testified he left the room during the interview. Maina went back into the room to check on Rogers after approximately an hour. Maina testified that Rogers appeared okay. Later, Maina again entered the interview room and asked Rogers how he was. Rogers again indicated he was okay. Maina testified the interview ended at approximately 4:30 a.m. The detectives did not immediately arrest Rogers following his confession. Maina testified he escorted Rogers to the detectives and handed him off to the police after the doctor signed an order to discharge him. Maina also stated that from the time Rogers entered Prairie until the time he was released into police custody, Rogers could not leave the medical unit.
[¶ 15] Rogers filed a motion to suppress the statements he made to law enforcement while at Prairie St. John's. Rogers argued the statements violated his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and were not voluntary. The district court concluded, based on the totality of the circumstances, Rogers was not in police custody while he was interviewed at Prairie St. John's. The court also concluded the statements were voluntary. The motion to suppress was denied, and Rogers entered a conditional guilty plea.
[¶ 16] Rogers argues his confession was obtained in violation of Miranda. The State acknowledges Rogers was not given a Miranda warning, but contends he was not in custody, and therefore no warning was required. Because there was no custodial interrogation, the district court concluded, Miranda warnings were not warranted.
[¶ 17] This Court has stated:
When reviewing a district court's ruling on a motion to suppress, we defer to the district court's findings of fact and resolve conflicts in testimony in favor...
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