Hansen v. Heinricy
| Decision Date | 09 October 2020 |
| Docket Number | 4:19-cv-00041-JEG-RAW |
| Court | U.S. District Court — Southern District of Iowa |
| Parties | THOMAS LEE HANSEN, SR., Petitioner, v. MIKE HEINRICY, Respondent. |
On May 1, 2011 Thomas Hansen, Sr. shot and killed a woman he was living with, Sharon Gerot, at their rural Riverside, Iowa residence. Hansen was charged with first-degree murder. He admitted firing the fatal bullet, but claimed he only intended to scare Gerot, not harm her. He consistently claimed her death was accidental. Hansen's trial counsel presented an involuntary manslaughter defense. Following jury trial, Hansen was convicted of second-degree murder in violation of Iowa Code § 707.3. He received the statutorily mandated sentence of 50 years in prison without eligibility for parole until he served 70 percent of the sentence, 35 years. Id. §§ 707.3(2), 902.12(1)(a). Hansen was 71 years old.
The conviction was affirmed by the Iowa Court of Appeals on direct appeal. State v. Hansen, 847 N.W.2d 612 (Table), 2014 WL 1495493 (Iowa Ct. App. April 16, 2014) (Hansen I). The Iowa Supreme Court denied further review. A subsequent state post-conviction relief (PCR) application was denied and affirmed by the Iowa Court of Appeals. Hansen v. State, 909 N.W.2d444 (Table), 2017 WL 6027770 (Iowa Ct. App. Nov. 22, 2017) (Hansen II). The Iowa Supreme Court denied further review.
Hansen filed his Petition for a Writ of Habeas Corpus in this Court on February 4, 2019. 28 U.S.C. §2254(a). He alleges he was deprived of the effective assistance of counsel at his criminal trial in violation of his rights under the Sixth and Fourteenth Amendments to the United States Constitution. The Petition was referred to the undersigned for Report and Recommendation. 28 U.S.C. § 636(b)(1)(B). The Petition is submitted on the briefs and record of trial, postconviction relief, and appellate proceedings.2
THE SHOOTING, TRIAL, AND DIRECT APPEAL
Hansen testified at his criminal trial. Unless otherwise indicated, what follows is his rendition of events leading up to the shooting.3 The temporal aspects of his testimony about the sequence of events on May 1, 2011 are not very clear. They span a period of time from about 10:00 a.m. to 4:00 p.m. that day.
Hansen met Sharon Gerot at a conference in 1999 or 2000. (Tr. 705). They developed a romantic relationship. Gerot moved into Hansen's Riverside, Iowa home in about 2002 or 2003.(Tr. 706). Gerot was about 15 years younger than Hansen, and at the time of the shooting weighed 204 pounds to Hansen's 144, a fact allegedly bearing on physical abuse Hansen claimed to have suffered at her hands. (Tr. 457 (Dr. Nashelsky), 710). According to Hansen, for a period of about seven years leading up to the shooting he had endured frequent verbal and physical abuse visited on him by Gerot, the latter characterized by incidents in which she variously choked, grabbed, shoved, struck, and spat on him. (Tr. 722-23). Four or five times she brandished a firearm. (Tr. 723). Hansen said that in response he typically remained passive to avoid exacerbating the situation. (Tr. 723). He described Sunday, May 1, 2011, the day of the shooting, as probably the worst day he had experienced with Gerot. (Tr. 724).
Hansen retired in 2007. Each summer he and Gerot traveled to various state and national parks for seasonal employment. (Tr. 704-05). In May 2011 they were scheduled to work at Yellowstone National Park. In fact, Hansen had planned to be at Yellowstone by May 1. Gerot was to arrive later, on May 20. (Tr. 708-09). Hansen's departure was delayed by Gerot's demands that he first complete a number of household tasks she was upset had not been accomplished; cleaning the house, cleaning closets out, washing clothing and other things. (Tr. 708, 713). Hansen agreed to further delay his departure to May 2.
Hansen rose early on May 1 and attended to various chores on their acreage, which included feeding horses and other animals. (Tr. at 706). Gerot got up at about 9:00 or 10:00 a.m. She was in a bad mood about the jobs she had assigned to Hansen. (Tr. at 707-08). She complained about how "terrible things were" and told Hansen he was "worthless." (Tr. at 708). Also, Hansen had drafted a letter to the local sheriff about their impending absence which Gerot did not like and complained about. (Tr. 708-09).
Hansen went into the den to revise the letter to the sheriff. When he emerged he came in contact with Gerot who had exited the bathroom. A "push-shove" match ensued with Hansen andGerot both falling down. (Tr. 709). Hansen went into the kitchen, Gerot to her bedroom. After a short time Gerot came out brandishing a .22 caliber handgun Hansen had given her. (Tr. 710). She waved it around, telling Hansen she could put a bullet in his head. (Tr. 711). Hansen said nothing, Gerot returned to her bedroom. (Tr. 712).
Things settled down for a while. The two had coffee in the kitchen together. At some point, Gerot again became agitated about the jobs Hansen was to complete. (Tr. 713). She also expressed concern about the person they had arranged to take care of their home while they were away, fearing he would let members of Hansen's family in the house. (Tr. 714).
Hansen testified he did not respond to Gerot's complaints. (Tr. at 715). Things started getting physical. Gerot grabbed Hansen's shirt collar, twisting it to choke him, while saying "you call yourself a man, you're worthless" accompanied by similar disparaging comments. (Tr. 715). Gerot put on a hat with a large brim, walked up to Hansen and "smacked" him with the brim across the bridge of his nose. (Tr. 716). She challenged him: "Well, aren't you going to do something" and cursed him. (Tr. 716). Gerot got a glass of water and ice cubes from the refrigerator and threw the water and cubes in Hansen's face. (Tr. 717).
Hansen testified he remained stoic in the face of these assaults. Gerot returned to her bedroom to get dressed to go outside and do some mowing while Hansen did some cleaning and dishwashing. (Tr. 717-18). When Gerot came out of the bedroom she talked again about the work Hansen had to complete before he left for Yellowstone. (Tr. 718). Hansen had put on an old flannel shirt. Gerot again wrapped her hand around the collar tight enough to choke him. (Tr. 718). Then, in Hansen's words, "she just spit in my face and let go and pushed me backwards and told me what a worthless piece of shit I am." (Tr. 718).
Gerot went out the kitchen door to the garage. Hansen followed behind telling her to be careful because the electric fence was energized. (Tr. 719). Gerot turned saying: "Don't you darefollow me out the door." (Tr. 734). Two vehicles were in the garage, a pickup and an SUV, both "nose into the garage." (Tr. 720). Gerot pushed Hansen backwards. He fell to his knees striking the pickup. (Tr. 719, 721). Gerot then got on a riding mower parked outside the garage door and left to mow the horse pasture. (Tr. 719).
Hansen testified that as he stood up he thought he had to get Gerot to leave. (Tr. 724). He was angry. (Tr. 740). A loaded .40 caliber Smith and Wesson handgun was near the back of the pickup on the side of the garage, holstered in a "tote." (Tr. 724, 737, 747).4 Hansen removed the handgun from the tote and holster thinking he would scare Gerot with the gun and she would leave. (Tr. 724). Armed with the handgun, Hansen went behind the vehicles, walked 12 to 14 feet, went into the house through the kitchen door, walked past a washing machine, around the kitchen counter to an open sliding patio door. (Tr. 724, 739-40). He saw Gerot mowing along a fence line. (Tr. 740). Hansen raised the handgun and fired a shot in Gerot's direction not, he said, aiming at her. (Tr. 742). He testified he did not intend to shoot Gerot, only to scare her in the hope that she would go away. (Tr. 724, 726-27).
Hansen saw Gerot "flop backwards" on the mower. (Tr. 725). The mower kept going for a brief period with Gerot on it. Hansen went into the house and called 911 but was unable to get through. (Tr. 725). He called his son, Thomas Hansen, Jr., and told him he needed help. (Tr. 725). Hansen heard the mower stop, went back outside, saw Gerot lying beside the mower and his neighbor, Todd Hahn, approaching. (Tr. 725).
At about 3:40 p.m. Todd Hahn was driving past the Hansen residence when he noticed someone on a lawn mower "with their head and hands snapped back." (Tr. 399, 402). Hahn backed up and pulled into the Hansen driveway. (Tr. 402). He ran to the mower and a body, now on theground. (Tr. 403-04). Hansen walked up and told Hahn not to touch the body. (Tr. 404). Hansen told Hahn to call the cops. At some point Hansen said to Hahn: "I shot 'um." (Tr. 405). In his testimony Hansen said he told Hahn he shot Gerot. (Tr. 725). Hahn called 911 to report the shooting. (Tr. 409). Hahn described Hansen as calm though he did not seem himself, it was like he "snapped." (Tr. 408, 415).
Hahn made his 911 call at about 3:45 p.m. (Tr. 419). State troopers and a sheriff's deputy arrived. Hansen was taken into custody. As he was being escorted to a sheriff vehicle, Iowa State Trooper Allen Konecne heard Hansen say to someone in the area: "I just couldn't take it anymore." (Tr. 421).
Later that evening Hansen gave a recorded statement to Iowa Division of Criminal Investigation (DCI) Special Agent Jeff Uhlmeyer. Hansen's statement was generally consistent with his trial testimony. He said he did not intend to shoot Gerot, but only to scare her. (Hansen Stmt., App'x 326 [8-1]).5 He said his blood was boiling and he was seeing red. (PCR Tr. 11).
Gerot died of a perforating gunshot wound to her head. Autopsy found the bullet entered her left temple and exited the right side of her head just behind her ear causing extensive damage to her brain. (Tr. 450).
The mower was moving with Gerot on board when she was shot. It continued to move for a brief period...
To continue reading
Request your trial