In re Ryan N.

• Decision Date: 23 October 2001
• Docket Number: No. A090755.,A090755.
• Citation: 112 Cal.Rptr.2d 620,92 Cal.App.4th 1359
• Court: California Court of Appeals Court of Appeals
• Parties: In re RYAN N., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Ryan N., Defendant and Appellant.

112 Cal.Rptr.2d 620

92 Cal.App.4th 1359

In re RYAN N., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent, v. Ryan N., Defendant and Appellant.

No. A090755.

Court of Appeal, First District, Division 3.

October 23, 2001.

Review Denied January 16, 2002.

John F. Schuck, under appointment by the Court of Appeal, San Jose, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Bridget Billeter, Deputy Attorney General for Plaintiff and Respondent.

McGUINESS, P.J.

Ryan N., a juvenile at the time of the incidents at issue in this criminal case, appeals from juvenile court findings and orders sustaining a petition under Welfare and Institutions Code section 602 alleging he had willfully and deliberately aided, advised or encouraged a suicide in violation of Penal Code section 401.¹ He contends (1) there is insufficient evidence to support the finding of guilt as a matter of law, because there is no evidence he ever furnished a means whereby the victim could actually commit suicide; and (2) the trial court prejudicially violated his constitutional due process and confrontation rights by limiting his cross-examination of the victim. The unusual factual circumstances of this case present issues of criminal law and statutory interpretation which are questions of first impression.

We conclude the petition was wrongly sustained against appellant under section 401 because the victim's attempt to commit suicide in fact failed, despite appellant's active encouragement and furnishing of the intended means of suicide. However, on the basis of the substantial factual evidence in the record, we hold as a matter of law that appellant's actions amounted to a culpable attempt deliberately to aid, advise or encourage another to commit suicide. In addition, we conclude the trial court did not unconstitutionally limit appellant's cross-examination of the victim or violate his right to confront the witnesses against him. We therefore reverse and remand with orders that the juvenile court's findings be modified to reflect a true finding of attempted violation of section 401.

Factual and Procedural Background

On November 15, 1999, Christine T., one of appellant's acquaintances, was in her car with appellant and another friend named Mark W. At some point, after the two boys had suggested "block[ing] off the parking lot with some random orange cones they had stolen," Christine "got really upset and ... really mad [and] just stormed out and told them [she] was going to go jump off a bridge." She got out of the car and went to a friend's house. Although she said she felt "stranded," Christine also testified the two boys had not driven off immediately, and her car was "still in sight" when she left the area.

Between 7:30 and 8:00 a.m. the next day, November 16, Christine saw appellant driving her car on Burlingame Avenue. He stopped, and let her into the driver's seat. Christine drove off with appellant in the passenger's seat. Appellant was "mad" at Christine because she "was filing a police report reporting the car was stolen." She "was feeling depressed and exceptionally suicidal." As they drove around, Christine told appellant "I don't even want to live anymore." According to Christine, appellant responded, "[t]hen you shouldn't," "[t]hen don't," or "[something along those lines." Christine began speculating on "what I could do to kill myself." When she suggested ingesting something "like possibly sleeping pills," appellant "said that that would probably be a painless way." The two "joked around" about the afterlife. When Christine asked appellant if he would miss her when she was dead, he said, "No." When she expressed hurt, appellant said "he wouldn't even care no matter who it was."

Under cross-examination, Christine testified that she could not remember appellant's exact response to her statement that she did not want to live except that he did not try to talk her out of it. She was "hurt" that "someone could be so cold." She could not remember how the subject of sleeping pills came up, except that they "both kind of agreed it would be a painless way," and "once I had taken them, no one could stop me from dying after that." Appellant did not indicate to Christine that he knew much about sleeping pills, and Christine acknowledged that they were both "kind of ignorant" on the subject.

Christine and appellant drove to a Walgreens store in Millbrae. She could not remember whose idea it was to go there. At the store, Christine stole a bottle of 50 Nytol tablets by putting it in her pocket. Appellant purchased a second bottle containing 50 Nytol tablets as well as a bottle of something to drink. The two then returned to the car. Appellant got in the driver's seat, and Christine got into the passenger's seat. Appellant combined the two bottles of Nytol pills in one container and handed the combined bottle of 100 Nytol pills to Christine. As they drove from Millbrae down Crystal Springs Road, Christine began ingesting the Nytol pills "one at a time." Appellant said: "Hurry up and take them all quickly, otherwise it won't work," or words to that effect. Although up to this point Christine had not been completely serious about wanting to die and was in "more of a cry for help kind of situation," "[a]t that moment [she] didn't care anymore." Christine ingested the rest of the pills. When she asked how long she would live after having taken the pills, appellant said, "one to two hours." As she started to feel "groggy and sleepy," she took off her necklace and handed it to appellant before losing consciousness. The next thing she could remember was awakening in the intensive care unit of San Mateo County General Hospital, where she remained for one day and in the psychiatric ward for an additional six days thereafter.

Christine identified a suicide note as being in her handwriting and bearing her signature. Although she could not remember writing it, she "assume[d]" she wrote it after she had taken the Nytol pills. The note contained short messages to several people, including appellant. In addition to calling her parents "horrible" persons and blaming them for her suicide, Christine's note addressed appellant as follows: "I love you! Sorry I'm just a fucked up piece of pink goo. Your [sic] the most amazing person I ever met. I'm going to haunt your ass.... [¶] ... [¶] P.S. Ryan [N.] gets my car."² Under cross-examination Christine could not explain why she wrote this note except to say that she was "upset" with her parents because she felt "they had let [her] down," and she had wanted them "to feel bad" and responsible for her suicide. Shown the note by police when she awakened at the hospital, Christine was unable to explain it and could not remember writing it. She lied to the police about the bottle of pills she had stolen, claiming instead that appellant had purchased both bottles. Once she realized how close she had actually come to dying, she "felt extremely betrayed" by appellant. She told her parents that her attempted suicide would not have occurred if not for appellant's involvement.

Testifying on appellant's behalf, Mark W. stated that on November 15, 1999, the day before the incident, he and appellant were driving around with Christine in her car. At some point, Christine stopped the car and threatened "to go jump off the bridge." According to Mark, Christine's "drama queen" behavior was "[n]othing out of the ordinary." At that point in her life, Christine had been "kicked out of her house" and "was living in a car." However, at that point "[s]he seemed to be doing okay." Neither Mark nor appellant took Christine's suicidal threats seriously. As they watched, Christine "just walked off." The two boys then drove away, and appellant dropped Mark off at the latter's house. Under cross-examination, Mark testified that he thought Christine was "impressionable," and not the type of person to kill herself without help or encouragement.

Testifying in his own defense, appellant stated that at the time of the incident he and Christine were "good friends." On November 15, 1999, Christine picked him and Mark up at their respective houses, and then "drove around" for about six hours. During this time, Christine "was getting really upset." However, she did not say anything about wanting to kill herself until she pulled into a motel parking lot, got out of the car, and said: "I am going to go jump off the bridge. You take the car. I don't care.. Do whatever you want with it." Christine then "walked off." Appellant did not take her seriously, because "[s]he said that so many times before it's not even funny...." After Christine "disappeared," appellant "decided to drop Mark off and just take the car home" himself. Appellant explained: "[S]he had told me that she was giving me the car and I didn't take it seriously. I just wanted to kind of like teach her a lesson, like not to play around like that because it's not funny. She said she was going to kill herself, I could take the car, so I did."

The next morning, Christine telephoned appellant as he was getting ready to go to school, asked why he had taken her car, and told him to pick her up near Burlingame Avenue. Afraid that she would call the police, appellant drove to that location, where he found Christine talking with a police officer. After appellant talked with the police officer and gave him an explanation, Christine got in the car and drove away, with appellant in the passenger's seat. Appellant was "angry" with Christine "for playing games" with him. After driving around for "[a] few hours," Christine started talking about suicide and saying "all this stupid stuff about "coming back like a butterfly or something." Christine drove to Walgreens where she stole two 50—pill boxes...