City of Jamestown v. Kastet
Decision Date | 18 February 2022 |
Docket Number | 20210170 |
Citation | 970 N.W.2d 187 |
Parties | CITY OF JAMESTOWN, Plaintiff and Appellee v. Holden Thomas KASTET, Defendant and Appellant |
Court | North Dakota Supreme Court |
Abbagail C. Geroux, Assistant City Attorney, Jamestown, ND, for plaintiff and appellee.
Mark A. Friese (argued) and Luke T. Heck (on brief), Fargo, ND, for defendant and appellant.
[¶1] Holden Kastet appeals from a criminal judgment entered after a jury found him guilty of simple assault. Kastet argues the district court erred by failing to provide his requested jury instructions on self-defense and consent. We reverse and remand for a new trial, concluding the district court erred by failing to provide Kastet's requested instructions.
[¶2] According to trial testimony, Kastet and Nicholas Fuchs exchanged messages on Facebook relating to a woman they both knew. A witness testified Fuchs approached Kastet in a Jamestown bar. The witness testified Fuchs told Kastet, and provoked Kastet to engage in a fight. Kastet testified he and Fuchs agreed to go outside to fight.
[¶3] The trial evidence included a video of the bar's exterior. The video showed Kastet and Fuchs standing face-to-face before Kastet head-butted and punched Fuchs. Kastet was arrested and charged with simple assault.
[¶4] Before trial, Kastet requested jury instructions on the defenses of consent and self-defense. Kastet argued he acted in self-defense or Fuchs consented to the fight. The district court denied Kastet's requested instructions, finding they were not appropriate in this case. A jury found Kastet guilty.
[¶5] "Jury instructions must correctly and adequately inform the jury of the applicable law and must not mislead or confuse the jury." State v. Martinez , 2015 ND 173, ¶ 8, 865 N.W.2d 391. A district court errs if it refuses to instruct the jury on an issue that has been adequately raised, but the court may refuse to give an instruction that is irrelevant or inapplicable. Id.
[¶6] A defendant is entitled to an instruction on a legal defense if there is evidence to support it. State v. Thiel , 411 N.W.2d 66, 67 (N.D. 1987). Self-defense and consent are classified as defenses rather than affirmative defenses. See State v. Olander , 1998 ND 50, ¶ 20, 575 N.W.2d 658 ( ); N.D.C.C. §§ 12.1-05-03 (self-defense), 12.1-17-08 (consent as a defense). In determining whether the jury should have received an instruction on a particular defense, this Court "must view the evidence in the light most favorable to the defendant." Thiel , 411 N.W.2d at 67. A district court errs by failing to provide requested instructions on a legal defense if record evidence raises an issue from which the jury could infer the proffered defense. Id. at 69.
[¶7] Consent as a defense is codified in N.D.C.C. § 12.1-17-08(1) :
[¶8] Self-defense is defined in relevant part in N.D.C.C. § 12.1-05-03 :
[¶9] Kastet claims the district court erred in failing to provide a jury instruction on consent.
[¶10] Kastet was charged with simple assault under Jamestown City Code § 22-1(1)(a), defining simple assault in relevant part: "A person is guilty of an offense if that person ... [w]illfully causes bodily injury to another human being." Jamestown's definition of simple assault is identical to the definition of simple assault under N.D.C.C. § 12.1-17-01(1)(a). See N.D.C.C. § 12.1-01-05 ( ); City of Jamestown v. Casarez , 2021 ND 71, ¶ 7, 958 N.W.2d 467 ( ).
[¶11] A person is guilty of simple assault if he or she causes bodily injury to another. N.D.C.C. § 12.1-17-01(1)(a). Under N.D.C.C. § 12.1-17-08(1), consent may be a defense to simple assault if subparts (a), (b) or (c) are satisfied.
[¶12] In discussing Kastet's request for an instruction on consent as a defense, the district court focused on N.D.C.C. § 12.1-17-08(1)(a), relating to whether the injury inflicted "is such as to jeopardize life or seriously impair health." The court cited an American Law Reports article and cases from Maryland, New Mexico, California, the District of Columbia and Mississippi. See 58 A.L.R. 3d 662 (1974) ( ). The court stated "there's a view that consent is no defense when a battery violates a public peace." "[T]he overwhelming majority indicates that in actual simple assault cases it would not be appropriate [to give the instruction]." The court denied Kastet's request.
[¶13] James Ova testified Fuchs approached Kastet at the bar and told Kastet he wanted to go outside and fight. Ova testified Fuchs provoked Mr. Kastet to engage in a fight. Kastet testified Fuchs approached, nudged him in the back to get his attention and said Kastet testified he told Fuchs he did not want to fight because he did not want trouble with authorities. Kastet testified Fuchs responded, Kastet testified "[i]t was absolutely agreed upon to fight." Fuchs testified he had a "blurry memory of [the fight]," but did not dispute going outside with Kastet. Jamestown police officer Dustin Mittleider confirmed Fuchs’ lack of recollection about the fight, testifying "[Fuchs] didn't remember a whole lot about the incident." Officer Mittleider testified his interviews of Kastet and Ova were consistent, both stated Fuchs "made statements about wanting to go outside and settle this."
[¶14] The State asserts the district court correctly denied the instruction because consent is not a defense when an assault violates the public peace. However, this Court has held that even if a crime is an offense against the public, a defendant may assert a legal defense if there is evidence to support it. State v. Schumaier , 1999 ND 239, ¶¶ 15-17, 603 N.W.2d 882 ( ). While the legislature has specified situations in which a defendant may assert consent as a defense, it has not prohibited the use of the defense for offenses against the public or offenses that violate the public peace. Absent a legislative directive, we will not imply such a limitation based on policy announced in other states.
[¶15] Viewing the evidence in a light favorable to Kastet, the record contains sufficient evidence to support a jury instruction on consent as a defense. The district court erred by not giving Kastet's requested instruction. Whether Fuchs consented to the fight and whether the injury inflicted by Kastet was such as to jeopardize life or seriously impair health is a question for the jury.
[¶16] Kastet contends the district court erred in failing to provide a jury instruction on self-defense.
[¶17] If there is evidence to support a self-defense claim, a defendant is entitled to an instruction on it, and the State must prove beyond a reasonable doubt the defendant did not act in self-defense. Olander , 1998 ND 50, ¶ 20, 575 N.W.2d 658. Self-defense may be either justified or excused.
State v. Leidholm , 334 N.W.2d 811, 814 (N.D. 1983) ; N.D.C.C. §§ 12.1-05-03, 12.1-05-08. A person who believes force is necessary to prevent imminent unlawful harm is justified in using force if his belief is correct, while a person who reasonably but incorrectly believes force is necessary to protect himself against imminent harm is excused in using force. Leidholm , 334 N.W.2d at 815. "[T]he decisive issue...
To continue reading
Request your trial-
Orwig v. Orwig
... ... 28-01-15(1). Cf. City of Fargo v. Annexation Review Comm'n , 148 N.W.2d 338, 346 (N.D. 1966) (writs of certiorari and ... ...