Kobielusz v. State
| Jurisdiction | Wyoming,United States |
| Parties | SHAUN THOMAS KOBIELUSZ, Appellant (Defendant), v. THE STATE OF WYOMING, Appellee (Plaintiff). |
| Citation | 2024 WY 10 |
| Decision Date | 24 January 2024 |
| Court | Wyoming Supreme Court |
| Docket Number | S-23-0020 |
Appeal from the District Court of Sheridan County The Honorable Matthew F.G. Castano, Judge
Representing Appellant: Devon Petersen, Fleener Petersen LLC, Laramie, Wyoming.
Representing Appellee: Bridget Hill, Wyoming Attorney General; Jenny L. Craig, Deputy Attorney General; Kristen R Jones, Senior Assistant Attorney General; Donovan Burton, Assistant Attorney General. Argument by Mr. Burton.
Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, JJ, and FROELICHER, D.J.
[¶1] Shaun T. Kobielusz appeals from his convictions of three counts of voyeurism following a jury trial. Mr. Kobielusz raises three issues on appeal. First, Mr. Kobielusz contends there was insufficient evidence of the element of "looking" for the jury to convict him of voyeurism. Next, he argues the jury instruction given on the elements of voyeurism was improper. Finally, Mr. Kobielusz asserts the district court erred when it denied his motion to suppress videos on a memory card given to law enforcement by his wife. We affirm.
[¶2] We restate the issues as:
1. Was there sufficient evidence of "looking" for a jury to convict Mr. Kobielusz of voyeurism?
2. Was the jury instruction given by the district court defining the elements of voyeurism plain error?
3. Did the district court abuse its discretion when it denied Mr. Kobielusz's motion to suppress videos given to law enforcement by his wife?[1]
[¶3] Mr. Kobielusz was married to P.K. from 2009 until 2021. Prior to August 15, 2017, Mr. Kobielusz, P.K, and their two daughters, A.K. and L.K. resided in a residence on Mr. Kobielusz's family ranch. On August 15, 2017, Mr. Kobielusz and P.K. separated, and P.K. and their two daughters moved from the ranch into a townhouse in Sheridan, Wyoming. Mr. Kobielusz continued to reside at the family ranch. In November 2020, Mr. Kobielusz and P.K. decided to try to reconcile, and P.K., A.K., and L.K. moved back to the family ranch to live with Mr. Kobielusz.
[¶4] Beginning on November 9, 2020, P.K. stayed home from work to quarantine after a positive test for Covid-19. On November 10, 2020, while cleaning their residence, P.K. discovered a manual for digital clocks. The manual indicated the digital clocks included a high-definition video camera. P.K. located three of the digital clocks with video cameras in the residence. One clock was on a fireplace in the master bedroom, another was in a hallway bathroom on top of the toilet, and the third was in the master bathroom on the toilet. The hallway bathroom is a communal bathroom routinely used by Mr. Kobielusz, P.K., and their two daughters.
[¶5] P.K. found memory cards in the digital clocks in the hallway bathroom and the master bathroom. P.K. removed the two memory cards, put them in her pocket, and took possession of the memory cards.
[¶6] Eventually, P.K. watched several of the videos contained on the memory cards using a friend's memory card reader. The memory card from the master bathroom digital clock had no videos. The memory card from the hallway bathroom digital clock included many video clips, each approximately three minutes long. One of the videos viewed by P.K. showed Mr. Kobielusz using the bathroom and another showed L.K. using the bathroom. On November 15, 2020, after viewing those two videos, P.K. contacted a deputy with the Sheridan County Sheriff's Office (SCSO). P.K. informed the deputy she had watched a few of the videos and two videos showed Mr. Kobielusz and A.K. using the bathroom and nudity. On December 15, 2020, P.K. gave the memory cards to a SCSO deputy. The deputy viewed the videos on the memory cards.
[¶7] P.K. confronted Mr. Kobielusz about the digital clocks with video cameras on November 10, 2020. Mr. Kobielusz told P.K. he used the cameras in the digital clocks to surveil the house and that he bought the clocks when he and P.K. decided to reconcile "in hopes of getting sneak peaks of you." P.K. remained at the residence that night, but she slept on the couch. On November 11, 2020, P.K., A.K., and L.K. moved back into the townhouse in town. Mr. Kobielusz wrote P.K. a letter apologizing for his actions and behavior, offering to walk through the house and show her his phone to prove he had nothing to hide, and stating he would leave her in control of all electronics.
[¶8] The memory card from the hall bathroom included 121 videos recorded between October 31, 2020, and November 10, 2020. Several videos showed P.K., A.K. and L.K. using the bathroom. Neither A.K. nor L.K. knew the cameras were in the bathroom and neither consented to being videoed. There were also videos of Mr. Kobielusz using the bathroom.
[¶9] Mr. Kobielusz maintained an Amazon account. Three hidden spy camera clocks and several memory cards were purchased by him using his Amazon account and a credit card in January of 2020. Mr. Kobielusz's phones, computer, and tablet were not linked to the clock cameras or videos. P.K. testified she did not place the digital clocks in the bathrooms.
[¶10] On April 12, 2021, the State charged Mr. Kobielusz with three counts of voyeurism in violation of Wyo. Stat. Ann. § 6-4-304(b)(i) (2019). Count I charged Mr. Kobielusz with recording videos of A.K. using the bathroom without her consent. Count II charged Mr. Kobielusz with recording videos of L.K. using the bathroom without her consent. Count III charged Mr. Kobielusz with recording videos of P.K. using the bathroom without her consent. On May 25, 2021, Mr. Kobielusz entered pleas of not guilty to all three counts and requested a jury trial.
[¶11] On November 30, 2021, Mr. Kobielusz filed a motion to suppress all evidence obtained from the memory cards given to law enforcement by P.K. The district court conducted a hearing on the motion on July 6, 2022, and denied the motion in a written order on July 12, 2022.
[¶12] On August 31, 2022, a jury returned a verdict finding Mr. Kobielusz guilty of all three counts. The district court sentenced Mr. Kobielusz to a minimum of one to two years on each count. The sentences for Counts II and III were to run concurrently but consecutively to Count I. Mr. Kobielusz timely appealed.
[¶13] The State charged Mr. Kobielusz with three counts of voyeurism in violation of Wyo. Stat. Ann. § 6-4-304(b)(i) (2019).[2] Mr. Kobielusz's first two arguments require the Court to interpret the voyeurism statute.
[¶14] That version of the voyeurism statute provided:
[¶15] Mr. Kobielusz contends the voyeurism statute requires proof of all elements in subsection (a) and in subsection (b)(i) to prove guilt under § 6-4-304(b)(i). Specifically, Mr. Kobielusz asserts the element of "looking," which is expressly included in subsection (a), must also be proved to convict under subsection (b)(i). According to Mr. Kobielusz, the State must prove he "knowingly or intentionally captur[ed] an image by means of a camera, a video camera or any other image recording device" and that he looked at or viewed the captured images.
[¶16] The State counters that the "looking" element of subsection (a) is satisfied in subsection (b)(i) if there is proof that Mr. Kobielusz "knowingly or intentionally captur[ed] an image by means of a camera, a video camera or any other image recording device." In other words, the State argues it need not prove Mr. Kobielusz looked at the videos so long as it proved he "knowingly or intentionally captur[ed] an image by means of a camera, a video camera or any other image recording device."
[¶17] When interpreting statutes, we must determine the intent of the legislature. We do this by looking first at the plain language of the statute. Skoric v. Park County Circuit Court, Fifth Judicial District, 2023 WY 59A, ¶ 9, 532 P.3d 667, 669-70 (Wyo. 2023).
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