Chavez v. State, 5103
| Decision Date | 15 October 1979 |
| Docket Number | No. 5103,5103 |
| Citation | 601 P.2d 166 |
| Parties | Albert CHAVEZ, Jr., Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). |
| Court | Wyoming Supreme Court |
Michael K. Shoumaker of Badley, Rasmussen, Shoumaker & Newton, Sheridan, for appellant.
John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Bob R. Bullock, Sr. Asst. Atty. Gen., for appellee.
Before RAPER, C. J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.
In this unique case the primary argument concerns the sufficiency of the evidence to justify the denial by the trial court of a motion for a judgment of acquittal at the close of the trial on a charge presenting alternative theories of first degree sexual assault under § 6-4-302(a)(i) and (iii) W.S.1977. The appellant also argues the unconstitutionality of the sexual assault statute, asserting that it violates established due process principles and is void because of vagueness. We conclude that the evidence was not sufficient to submit this case to the jury, and we will reverse and remand the case for the entry of a judgment of acquittal. This disposition makes it unnecessary to consider the constitutional attacks, and the disposition of those issues must await a future case in which there is sufficient evidence to sustain a conviction under the statute as adopted.
The Information charges:
The pertinent statute reads as follows:
"(iv) The actor knows or should reasonably know that the victim through a mental illness, mental deficiency or developmental disability is incapable of appraising the nature of the victim's conduct." § 6-4-302, W.S.1977. (Emphasis added.)
At the close of the evidence a motion for a judgment of acquittal was made by Chavez's counsel. At that time counsel contended that the evidence was not sufficient to demonstrate the forcible confinement relied upon under § 6-4-302(a)(i), and further that it was not sufficient to demonstrate that Chavez knew or reasonably should have known that the victim was physically helpless, relied upon under § 6-4-302(a)(iii). The motion was denied by the district court. The case then was submitted to the jury, which returned a finding of guilty of sexual assault in the first degree. Chavez was sentenced to a term of not less than six nor more than twenty years in the State Penitentiary.
We preface our analysis of the evidence by noting that in dealing with the issue of the sufficiency of the evidence in the context of the denial of a motion for a judgment of acquittal we look only at the evidence which is favorable to the State together with all the logical and reasonable inferences which may be drawn therefrom. Russell v. State, Wyo., 583 P.2d 690 (1978); Cloman v. State, Wyo., 574 P.2d 410 (1978); United States v. Burns, 597 F.2d 939 (5th Cir. 1979). The record discloses through the testimony of a psychiatrist that the victim suffered from a phenomenon involving the development of the chemistry of the brain and nervous system which he said has been described under many terminologies, including minimal brain dysfunction, cerebral dysfunction, or minimal organic dysfunction. This is a condition which affects about five percent of the population at age six, but by age sixteen the incidence is reduced to about one-half of a percent. According to the psychiatrist this situation with this victim was exacerbated by emotional strain and trauma relating to her family background. It then was his opinion that in the circumstances involving Chavez and the victim, which will be discussed in more detail, a blocking occurred in the victim's mental processes which resulted in her being physically unable to communicate her unwillingness to be a participant in the activities Chavez was pursuing. She would have been passive in her response, or would have responded cooperatively according to the doctor.
Other witnesses, including the victim's father, her stepmother, and a Sunday School teacher, testified that when the victim was under stress, particularly when she was frightened, she was substantially immobilized. She would manifest no response, would become somewhat rigid in her movements, and would shake a little. There was a tendency on the part of the witnesses to summarize this condition of the victim as sort of freezing up.
On the occasion of the events in question the victim testified that she was reading magazines in the park in Ranchester, Wyoming. A car stopped at the picnic table and four men got out and went to an adjacent picnic table for awhile. They then came over to the picnic table where the victim was and one of Chavez's companions, Joe, sat beside her, put his arms around her, and took her hand. The victim said that she immediately stiffened up, and she could tell that Joe was very drunk. Joe pursued his advances to the point of kissing and hugging the victim. At some point during these activities he directed the other individuals to go to the bar, whereupon they left in the car. The victim testified that Joe bragged about his gun, advising that it was a big gun and that he enjoyed shooting it. It is not clear whether Chavez was present when these comments were made, but it seems that all parties assumed that Joe was alluding to a firearm. The victim testified that the statement contributed to her fright.
The other individuals, including Chavez, later returned in the car. At that time Joe stated to the victim, She testified that she just shrugged her shoulders. Joe then took her hand and led her to the car, where she was seated on the console between bucket seats. Joe was driving, and Chavez was in the right front seat. Joe started speeding as they went from the park outside of Ranchester toward Sheridan. During the course of the journey to Sheridan Chavez pushed up the victim's bra and started playing with her breasts. He then pulled down her pants and started pushing his finger into her vagina. She said that her reaction was that she "shrugged away" toward the driver a little. She testified she did not say anything because she was afraid of the defendant. Joe did tell Chavez to keep his hands off his girl, but Chavez did not desist in his activities, which continued for about fifteen minutes.
When they arrived in Sheridan the car stalled, and Joe assisted her out of the vehicle, and they started down the street to a disco establishment. Joe kept his hand on her while walking down the street. The events were interrupted by a church acquaintance of the victim. The acquaintance asked her how she was doing, and she shrugged her shoulders. She testified that she did not ask for help because she was afraid. This acquaintance then contacted the victim's pastor, and together they called the victim's parents. After the telephone call, about fifteen minutes after the first contact, the acquaintance and the pastor saw the victim again leaving the disco establishment with Joe and one of the other men. Later they were contacted by a police officer, who had been alerted by the pastor and the church acquaintance, and the officer did talk with the victim. Chavez was arrested based upon the information which the officer obtained.
During the course of her testimony the victim said that Chavez did not cause her to get into the vehicle; he never told her she had to remain in the vehicle; and she never made any attempt to get out of the car. She remembers no conversation with Chavez whatsoever. She testified that she made no outcry; that she was not shaking; and that when asked if she wanted to go home by one of the other men she said, "Yes," and that man told Joe once or twice that she wanted to go home. She said that at one point she was ready to cry, but apparently she did not. She testified that Chavez did not hold her in the car; that he never said he was going to keep her in the car; and that he did not confine her in the car. She did not advise Chavez or any of these individuals about her emotional problem. In connection with the assault by Chavez, she said that she did not push his hand away; she did not push any of the rest of his body; and she did not even shake her head no.
On cross-examination, the psychiatrist was asked whether a layman could recognize the condition which afflicted the victim. He said that in the victim's case it would be hard for him to judge what the condition would appear to be through the average layman's eyes. He thought that another person would witness the victim as one who was not very verbal, kind of blank in appearance and passive in response. In answer to a series of questions, the psychiatrist testified that he would have to guess as to...
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