Edwards v. State, 97-356
| Decision Date | 25 January 1999 |
| Docket Number | No. 97-356,97-356 |
| Citation | 973 P.2d 41 |
| Parties | Richard Vincent EDWARDS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
E. Courtney Gruber and Donald J. Rissler of Central Wyoming Law Associates, P.C., Riverton, Wyoming, for Appellant.
William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Georgia L. Tibbetts, Senior Assistant Attorney General, for Appellee.
Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and TAYLOR, * JJ.
Appellant Richard Edwards appeals from the judgment and sentence which was entered after a jury convicted him of aggravated assault and battery and second-degree murder.
We affirm.
Edwards presents four issues for our review on appeal:
ISSUE I.
Did the trial court err in holding that the burden of laying the foundation for self-defense was the responsibility of the defense and further requiring the testimony of the appellant to lay that foundation prior to admitting the self-defense evidence proffered by the defense?
ISSUE II.
Did the district court err as a matter of law in suppressing evidence of the victim's character trait for violence offered by the appellant to support his defense that he acted in self-defense?
ISSUE III.
Did the district court err as a matter of law when it refused to allow the defense to present any evidence linking the victim to the legal possession of firearms when relevant to prove that the appellant was justified in using deadly force in defense of himself and others in his home and that the victim was the aggressor?
ISSUE IV.
Was the admission of the appellant's statement of May 13, 1996, and the evidence derived therefrom a violation of the appellant's right to due process guaranteed under the State of Wyoming Constitution and the United States Constitution?
The victim's partially decomposed body was discovered in a culvert near Boysen Reservoir on April 11, 1996. A forensic pathologist performed an autopsy on the body and determined that the victim died as the result of two gunshot wounds. The victim also had a broken leg and severe bruising in various places on his body. Law enforcement officers investigated the victim's death and discovered that he was seen at the Cedar Bar in Riverton on March 6, 1996. The officers learned that Edwards and the victim argued in the bar on that day.
The officers interviewed Edwards on April 24, 1996, and Edwards denied being involved in the victim's death. During their investigation, the officers learned that Edwards sold his pickup truck shortly after the victim died. They recovered the truck and searched it, finding human blood that matched the victim's blood type. The officers also learned that the victim was at Edwards' house on March 6, 1996.
On May 13, 1996, Edwards entered into an agreement with the prosecutor in which he agreed to provide a complete factual accounting of the events surrounding the victim's death. In exchange for Edwards' cooperation, the prosecutor agreed not to file criminal charges against Edwards' wife (Karyn), Deborah Lezotte, or Lecky Speer, provided that they were not principals in or accessories before the fact to the victim's death. The agreement also stated that, if the information supplied by Edwards proved to be "substantially incorrect as determined by the Fremont County & Prosecuting Attorney, then this Agreement should be null and void and of no further force and effect."
In accordance with the agreement, Edwards explained his version of the events surrounding the victim's death. He admitted that he encountered the victim at the Cedar Edwards stated that the victim arrived unexpectedly at his gate later that evening and that he invited the victim to come into the house. Edwards, Karyn, Lezotte, Speer, and the victim sat in the family room, drinking beer and talking. Edwards claimed that the victim brought several handguns into the house and placed them in various locations around the family room. Edwards told the officers that the victim began acting in a very aggressive manner and that he argued with Lezotte and Speer. The argument escalated, and the victim pointed a gun at Speer.
Bar on March 6, 1996. Edwards maintained that he went home after refusing to give the victim a ride downtown. Karyn, Lezotte, and Speer were at his house when he got there.
After the victim pointed the gun at Speer, Edwards went into a bedroom and retrieved an inoperable .32 caliber revolver and a firecracker, and he took them to the family room. He claimed that he discharged the firecracker in the gun's barrel in order to intimidate the victim. When the firecracker exploded, the victim dropped the gun he was pointing at Speer, dove to the floor, and reached into his shirt. Edwards kicked the victim, and, thinking that the victim was reaching for another gun, he grabbed the gun that the victim dropped. He shot the victim twice.
Edwards stated that Lezotte and Speer left immediately after the shooting occurred. Early the next morning, Edwards loaded the victim's body and personal belongings into his truck and drove to Boysen Reservoir. He disposed of the body in a culvert near the reservoir. Throughout the interview, Edwards insisted that he shot the victim to protect himself and the other people in his home.
The officers interviewed Speer and Lezotte several times. After those interviews, David King, a criminal investigator with the Fremont County sheriff's department, told Edwards that the May 13, 1996, agreement was null and void because he gave false and misleading information in his statement. Edwards was charged with aggravated assault and battery and murder in the second degree. Karyn, Lezotte, and Speer were charged with being accessories after the fact. Karyn subsequently died, and Lezotte and Speer entered into plea agreements with the prosecutor wherein they agreed to fully cooperate with the prosecution of Edwards in exchange for having the charges against them reduced to misdemeanors.
Lezotte and Speer testified at Edwards' trial, and their accounts of the events surrounding the shooting of the victim differed significantly from Edwards' rendition. They testified that Edwards and the victim argued at the Cedar Bar on March 6, 1996, and that Edwards told the victim that, if he was a "snitch," he was "a dead man" and he would "take him out." Lezotte and Speer testified that they took Karyn home and that Edwards and the victim arrived later in Edwards' truck. Lezotte and Speer stated that the victim brought a small shaving kit containing various illegal drugs with him into the house and that the victim and Edwards went into a bedroom alone. When the victim and Edwards returned to the family room, the victim retrieved a gun from inside his clothing and put it under the coffee table.
According to Lezotte and Speer, the victim got some food from the kitchen and brought it to the family room to eat it. When the victim returned to the kitchen and was out of earshot, Edwards grabbed the gun and told the others that he was going to kill the victim. Lezotte and Speer attempted to leave the house, but Edwards ordered them to stay. Upon returning to the family room, the victim began arguing with Lezotte and Speer. Lezotte and Speer heard several gunshots and saw the victim fall to the floor. They heard the victim say that he was " 'burning up inside' " and " '[y]ou're killing me.' " Edwards stated that he brought the victim to his house in order to kill him. He then shot the victim again and kicked him. Edwards told Lezotte and Speer to go to the Cedar Bar and get Dean Willenbrecht. They followed Edwards' instructions, and, according to Speer, when he told Willenbrecht that Edwards needed him at his house, Willenbrecht stated, " 'We've got a body to get rid of.' "
Contrary to Edwards' version of the events surrounding the shooting, Lezotte and Speer testified that the victim did not point a gun at Speer. Speer also testified that he did not see Edwards with a firecracker. Lezotte and Speer agreed that they saw the victim with only one gun, and Lezotte stated that Edwards produced a second gun. Lezotte and Speer testified that Edwards threatened to kill them if they told anyone about the shooting.
Willenbrecht also testified at Edwards' trial. In contrast to Edwards' assertion that he disposed of the body by himself, Willenbrecht admitted that he assisted Edwards in the endeavor. He claimed that he went to Edwards' house after Lezotte and Speer told him Edwards needed him. Edwards told Willenbrecht that he deliberately shot the victim and then kicked him in the head in order to make him stay down. Willenbrecht testified that he and Edwards sat in the house and drank for several hours and, at 5:30 or 6:00 a.m. on March 7, 1996, they loaded the victim's body into the back seat of Edwards' truck. They disposed of the victim's body and personal property in separate culverts near Boysen Reservoir. Willenbrecht testified that Edwards threatened to kill him if he told anyone about the shooting.
The jury convicted Edwards of aggravated assault and battery and murder in the second degree, and it also determined that Edwards was a habitual criminal. The trial court entered a judgment against Edwards in accordance with the jury's verdict and sentenced Edwards to serve two concurrent life sentences. Edwards appealed to this Court.
In his first three issues, Edwards contests the trial court's exclusion of evidence that he contends would have supported his theory that, when he shot the victim, he was acting in defense of himself and the other people in his home. Determining the admissibility of evidence rests within the sound discretion of the trial court. Punches v. State, 944 P.2d 1131, 1136-37 (Wyo.1997); James v. State, 888 P.2d 200, 204 (Wyo.1994). This Court will not disturb a trial court's...
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