State v. Golyar

Decision Date09 November 2018
Docket NumberNo. S-17-955.,S-17-955.
Citation919 N.W.2d 133,301 Neb. 488
Parties STATE of Nebraska, Appellee, v. Shanna E. GOLYAR, Appellant.
CourtNebraska Supreme Court

Thomas C. Riley, Douglas County Public Defender, Lori A. Hoetger, and Scott C. Sladek, Omaha, for appellant.

Douglas J. Peterson, Attorney General, Sarah E. Marfisi, and Erin E. Tangeman, Lincoln, for appellee.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ., and Moore, Chief Judge.

Stacy, J.Cari Farver disappeared on November 13, 2012, and her body has never been found. About 4 years after Farver’s disappearance, Shanna E. Golyar was charged with Farver’s murder and with arson. At trial, the State introduced uncontested evidence that Golyar considered Farver a romantic rival and that Golyar posed as Farver (and others) for several years in emails, texts, and on social media. While posing as someone else, Golyar confessed in several emails to murdering Farver.

Golyar was found guilty of first degree murder and second degree arson after a bench trial. She was sentenced to life imprisonment on the murder conviction and to a consecutive sentence of 18 to 20 years’ imprisonment on the arson conviction. In this direct appeal, Golyar contends the evidence was insufficient to support the convictions and claims her trial counsel was ineffective in various ways. We affirm.

I. FACTS
1. GOLYAR MEETS DAVID KROUPA

In late spring or early summer 2012, Golyar started dating David Kroupa after meeting him through an online dating site. Kroupa described the relationship as "[c]asual" and informed Golyar he was also dating other women. From almost the beginning, however, Golyar wanted a commitment from Kroupa. The State’s general theory was that Golyar was obsessed with Kroupa and did not want him dating other women.

2. KROUPA MEETS FARVER

Near the end of October 2012, Kroupa met the victim in this case, Farver. Kroupa’s first date with Farver was on October 29 at a restaurant in Omaha, Nebraska. During the date, Kroupa’s cell phone began "blowing up" with calls and text messages from Golyar. He initially ignored the messages, but when they continued, he contacted Golyar and told her he was on a date and could not respond. When they left the restaurant, Kroupa and Farver went to Kroupa’s nearby apartment.

Almost immediately after they arrived, Golyar started ringing the bell at the security door of Kroupa’s apartment building. Kroupa left Farver in his apartment and went to the security door to speak with Golyar. Golyar was crying and upset and insisted Kroupa let her in so she could retrieve some of her belongings from his apartment. Kroupa left Golyar at the security door and went back to his apartment to explain the situation to Farver. Farver decided to leave, and as she did so, she passed by Golyar, who was still standing by the security door. Farver got into her black Ford Explorer, which was parked near the security door, and drove away.

After Farver left, Kroupa let Golyar into his apartment to retrieve her belongings. She was still upset and did not stay long before he asked her to leave. Not long after Golyar left, Kroupa and Farver spoke on the telephone and Kroupa then traveled to Farver’s home in Macedonia, Iowa, where he spent the night.

Kroupa and Farver continued to see a lot of each other over the next several weeks. Kroupa also continued to see Golyar during this time period. On November 9 or 10, 2012, Farver’s Explorer was vandalized with spray paint while parked in Macedonia. Investigators subsequently learned that Golyar, via a Facebook account she had created under a false persona, claimed to be in Macedonia during that time period. That imposter Facebook account had also attempted to "friend" Farver.

Farver worked in Omaha at a business not far from Kroupa’s apartment. Starting Monday, November 12, 2012, she was beginning a weeklong project at work that would require her to work late hours. Farver arranged for her teenage son to stay with her mother and stepfather during that week, and Kroupa agreed Farver could spend the week with him at his apartment. Farver went to work as planned on Monday, November 12, and left work between 8 and 9 p.m. Her coworkers expected her at work the next morning. Farver spent the night with Kroupa at his apartment.

Kroupa left for work on November 13, 2012, at approximately 6:20 a.m. At that time, Farver was awake and using her laptop computer. No one has seen Farver since.

3. FARVER’S CELL PHONE, DEBIT CARD, AND FACEBOOK ACCOUNT

Records from Farver’s employer showed she called in on the work project at 6:15 a.m. on November 13, 2012. Other records showed Farver logged into her Facebook account from Kroupa’s apartment at 6:39 a.m. and logged out at 6:42 a.m.

At 9:54 a.m., Farver’s Facebook account "unfriended" Kroupa. At 10 a.m., Kroupa received a text from Farver’s cell phone asking him if he wanted to live together. This surprised him, as he thought Farver agreed they were only involved in a casual relationship, and he responded, "No." Twenty seconds later, he received an angry text from Farver’s cell phone breaking off the relationship.

Also on November 13, 2012, Farver’s cell phone texted Farver’s mother. The text said Farver had found a new job, which surprised her mother. Farver’s mother texted back over the course of the next several days and asked questions, including when Farver was coming to pick up her son for an upcoming family wedding, but received no response. This was unusual because Farver and her mother typically had daily contact. Farver’s mother reported her daughter missing on Friday, November 16.

On November 15, 2012, Farver’s employer received a text from her cell phone, stating that she was resigning and was sending "Shanna Golyar" to replace her. Later that day, Golyar filled out an online application with the employer. On November 16, Farver’s debit card was used to make purchases of $167.78 and $226.56 at two separate discount stores in Omaha. An item purchased at one of the stores was a shower curtain with a distinctive black-and-white floral pattern.

On November 17, 2012, Farver’s mother received another text from Farver’s cell phone. It included a photograph of a check for $5,000 made out to Farver and signed by Golyar, and asked Farver’s mother to let Golyar into Farver’s home to retrieve a bedroom set Golyar had allegedly purchased via the check. Farver’s mother was suspicious about the text and contacted police. Police had Farver’s service provider "ping" her cell phone to attempt to locate it, and the ping showed that in the early hours of November 18, the cell phone was at an Omaha location not far from Golyar’s residence. Police searched for Farver’s cell phone, but it was never found.

Farver’s Facebook account continued to be active after November 13, 2012, making posts and sending messages. Trial evidence demonstrated, however, that the account making the posts and sending the messages was actually an imposter account, created using photographs and information available on Farver’s actual Facebook account. The imposter account making those posts was linked via digital evidence to Golyar. This imposter account attempted to contact both Farver’s mother and Farver’s teenage son. Photographs from Farver’s original Facebook account were also used by Golyar to make online dating profiles in Farver’s name.

4. HARASSMENT OF GOLYAR AND KROUPA

Beginning in November 2012 and continuing until approximately December 2015, both Golyar and Kroupa began receiving frequent harassing texts and emails, purportedly from Farver. The texts came from as many as 30 different telephone numbers. The emails came from as many as 30 different email accounts. Kroupa alone received 50 to 60 such emails per day, in addition to frequent texts and missed telephone calls. The texts and emails frequently referred to Golyar as a "whore."

Golyar reported vandalism to her property, allegedly by Farver, on November 23, 2012, and February 12 and April 1, 2013. Golyar also reported someone had broken into her garage prior to November 23, 2012, and stolen checks from her. Kroupa reported vandalism to his property in July, October, and December 2013. Many of these acts of vandalism involved messages referring to Golyar as a "whore." Each time an act of vandalism occurred, Kroupa, Golyar, or both would receive a text or email from "Farver" taking responsibility for the act. The acts of vandalism tended to occur at times when Kroupa was becoming less interested in Golyar, and the two were drawn back together by their mutual fear or dislike of Farver.

In January 2013, with Kroupa’s consent, the police downloaded information from his cell phone to obtain data related to the texts and emails purportedly sent by Farver. At the same time, with Golyar’s consent, police also downloaded similar information from her cell phone. The downloads were "logical" downloads, which did not include data previously deleted from the devices.

5. TODD BUTTERBAUGH

Todd Butterbaugh met Golyar in September 2010 through an online dating site, and they dated until September 2015. Butterbaugh understood the relationship was exclusive. During the course of that relationship, Butterbaugh helped Golyar with her bills, helped her buy a car, let her move into his residence with her two children, and cared for her children.

In January 2013, Butterbaugh began receiving text and email messages, purportedly from Farver. In those messages, "Farver" explained she was one of Golyar’s friends and Golyar had given her Butterbaugh’s contact information in case "Farver" ever needed an emergency contact for Golyar. When Butterbaugh asked Golyar about the messages, she confirmed this and said Farver was her friend. In general, the texts and emails between "Farver" and Butterbaugh discussed Butterbaugh’s relationship with Golyar. Butterbaugh did not learn of Kroupa until Golyar’s cell phone was downloaded by the police. At that time, Golyar told Butterbaugh she had dated Kroupa before...

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