State v. Beach
| Decision Date | 25 April 2003 |
| Docket Number | No. 87,407,87,407 |
| Citation | 275 Kan. 603,67 P.3d 121 |
| Parties | STATE OF KANSAS, Appellee, v. REBECCA BEACH, Appellant. |
| Court | Kansas Supreme Court |
Rebecca E. Woodman, capital appellate defender, argued the cause and was on the brief for appellant.
Sheryl L. Lidtke, assistant district attorney, argued the cause, and David C. Smith, assistant district attorney, Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.
The opinion of the court was delivered by
Rebecca Beach appeals her jury convictions and sentences for first-degree felony murder based on underlying felonies of aggravated robbery and the sale of methamphetamine and attempted second-degree intentional murder. The jury acquitted Beach of the underlying felony, aggravating robbery, and a charge of conspiracy to commit first-degree murder. Beach raises the following claims in this appeal: Her felony-murder conviction should be reversed because (1) the underlying sale of methamphetamine is legally and factually insufficient to support felony murder; (2) she was acquitted of the other underlying felony, aggravated robbery; (3) the trial court failed to instruct the jury that it had to be unanimous in deciding which underlying felony supported the felony murder; and (4) the trial court failed to instruct the jury that it had to find that the defendant reasonably could foresee or expect that a life would be taken by engaging in the underlying felonies. For her fifth assignment of error, Beach contends that there was insufficient evidence to establish attempted second-degree murder.
On June 23, 2000, Land Grant was shot to death while in his automobile waiting to complete a drug transaction. A passenger in his automobile, Margaret Thomas, was also shot and severely injured. The State alleged that Beach, along with Jose Arevalo and Jerry Zugelder, planned to rob and kill Grant. The State also alleged that Beach, Arevalo, and Jesse Jiminez actually carried out the plan. The jury found Beach guilty of first-degree felony murder and attempted second-degree murder.
Grant lived in Topeka and used Beach as a contact for purchasing drugs in Kansas City. Beach knew Grant through an ex-boy-friend who met Grant while in prison. Grant contacted Beach, wanting to know if her ex-boyfriend was out of prison. Grant again contacted Beach 3 to 4 months before the shooting, wanting to do a drug deal. Before the shooting, Grant had purchased drugs in Kansas City through Beach several times previously. Grant would telephone Beach as to the quantity of methamphetamine he needed, drive from Topeka, and pick up Beach, and they would drive to the location where the transaction was to occur. One pound of methamphetamine would cost $6,000 and two pounds $10,000. Beach would make $1,000 per transaction. After completing the purchase, Grant would take Beach home.
At trial, Beach denied any knowledge of a plan to kill or rob Grant during the drug transaction in which Grant was killed. She testified that on the day of the shooting, Grant called her at 10 a.m., told her he would be in Kansas City that night, and wanted to purchase between 4 and 5 pounds of methamphetamine. He later called and said he wanted only 2 pounds. As he was leaving Topeka, Grant called Beach to tell her he would page her when he arrived in Kansas City. Beach tried calling the supplier, but no one accepted her telephone calls. Arevalo was with her when she made the calls, and he told Beach that he would get the drugs.
Beach testified that she and Arevalo eventually met someone riding in a Blazer. Arevalo and the man in the Blazer spoke in Spanish. Arevalo returned to Beach's car and said he had a connection. The man in the Blazer got into Beach's car as well. They drove to 714 Homer, where the transaction would take place. Beach left to meet Grant.
Beach met Grant at a gas station in Kansas City. Grant was with someone, and Beach testified she thought Grant brought the passenger to make her jealous. At that time, Beach told Grant she got a page from her mother and needed to call her. Grant offered his cell phone, but Beach refused and made the call from a pay telephone at the gas station. She then led Grant to 714 Homer. Grant backed in. Beach took the money and asked if her cut was included. She went to the house and knocked on the door. Beach pushed her way into the house and then heard gunshots. Beach thought there was a robbery by someone off the street and shut the door and hid. When the gunshots ceased, Beach stepped outside and saw Arevalo. Beach heard a woman scream.
Beach testified that after the shooting, Arevalo asked Beach to come with him. Beach knew by this time that Arevalo was the one shooting, so she did not want to go with him. Arevalo cocked his gun and told her to get in the car. Beach walked to the car, unlocked it, and let Arevalo in. Beach started driving away when Jiminez ran out of the bushes and jumped in. Jiminez was angry with Arevalo and indicated that he did not think Grant was going to be killed. Beach gave the money to Arevalo. Beach drove Arevalo and Jiminez to Zugelder's house, and Jiminez and Arevalo went inside. Beach did not leave because she was afraid. Arevalo stayed in the house 20 minutes. Finally, Beach left with Arevalo, and they went to Beach's house. Arevalo stayed close to Beach for 3 or 4 days.
Beach was arrested a month later. According to Beach, Arevalo told her that he would not go down alone for the killing, meaning that either Arevalo would kill her or blame her.
Beach's testimony at trial was corroborated by her mother, Carla Simpson. However, her trial testimony contradicted, in part, her statements she made to officers investigating the homicide. The State called Detective William Howard who had been able to link Beach to a location in Raytown based on Grant's cell phone. In her initial discussion with Detective Howard, Beach denied knowing Grant but later admitted her ex-boyfriend knew Grant. Beach later said that she knew Grant was killed from news reports. Detective Howard testified about a conversation he had with Beach on the way to the detective bureau. Beach admitted she was the go-between in past drug deals for Grant. She admitted that Grant had made arrangements to contact her the day of the shooting but never showed up. She later admitted that she met Grant and took him to another location. She directed Detective Howard to the gas station where she met Grant. She told him that she drove Grant and Thomas to a location other than the scene of the shooting. Beach showed Detective Howard the route she took and where Grant allegedly parked. She also stated that she took the money from Grant.
In a later statement, Beach continued to deny any knowledge that there would be a homicide or robbery. Beach said she was struck on the back of head with a skillet upon entering 714 Homer. In a photo array presented by Detective Howard, Beach identified a man unrelated to this case as the person who lived at 714 Homer. Beach denied knowing who was involved in the homicide. Beach's recorded statement was played for the jury.
The State called an alleged coconspirator, Gerald Zugelder, to testify. In return for his testimony, Zugelder was permitted to plead to conspiracy to commit murder. Zugelder testified that approximately a week before the murder, he and Arevalo met to discuss the killing of Grant, as they knew Grant would have money through Beach. Zugelder was going to be the trigger man. The plan was for Zugelder to come to Grant's car when Beach walked into the house. Beach was not present at this meeting.
Zugelder testified that there was another meeting at Beach's house approximately 2 or 3 days before the killing with Zugelder, Arevalo, and Beach present. According to Zugelder, Beach wanted Arevalo and Zugelder to make sure Grant died in the robbery because Beach feared Grant would hurt her and her family if he suspected her involvement in the robbery. Zugelder testified that he could not participate in the robbery because his girlfriend would be angry with him for leaving her. Arevalo had to find someone else to help him with the murder and robbery.
The State called Margaret Thomas who traveled with Grant to Kansas City on the day of the shooting. She testified that she knew that Grant was a drug dealer and that he had $36,000 with him that day, a part of which was for the purchase of drugs. Upon arriving in Kansas City, Grant began paging Beach who returned his page and met them at a gas station. Beach needed to call her mother, and Grant offered his cell phone. Beach refused and made the call at the gas station pay telephone. Upon her return from the telephone call, Beach told Grant to follow her. When they arrived, Grant reversed into his parking spot with his automobile facing the street. Beach walked to Grant's car and received from Grant a bag with $13,000. According to Thomas, Beach then walked back to her car.
Thomas testified that she was nervous after Beach left. She told Grant to lock the doors and roll up the windows. At this point, two men began running toward Grant's car, shooting at his car. Thomas screamed and yelled at Grant to drive away. Thomas waited until the shots ceased and then put the car in drive. Thomas said a man appeared at the driver's side window and said, "Bitch, you're gonna die." Then the man shot Thomas. The car was moving at this point, and Thomas eventually jumped out and ran, trying to get someone to stop and help her. Thomas remembers passing out and then regaining consciousness later in the hospital. Thomas testified that as a result of the bullet wounds, she suffered a collapsed lung, the removal of her spleen, and multiple wounds to her stomach.
Aaron Mindrup, who witnessed Thomas in Grant's car after the shooting, testified that he saw a Cadillac roll between two...
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