State v. Cox
| Decision Date | 24 August 2016 |
| Docket Number | No. A15–0085.,A15–0085. |
| Citation | 884 N.W.2d 400 |
| Parties | STATE of Minnesota, Respondent, v. Anthony James COX, Appellant. |
| Court | Minnesota Supreme Court |
Lori Swanson, Attorney General, Saint Paul, MN; and Ronald Hocevar, Scott County Attorney, Todd P. Zettler, Assistant Scott County Attorney, Shakopee, MN, for respondent.
Cathryn Middlebrook, Chief Appellate Public Defender, Rachel F. Bond, Assistant State Public Defender, Saint Paul, MN, for appellant.
DIETZEN
, Justice.
Appellant Anthony James Cox was found guilty by a Scott County jury of first-degree premeditated murder, two counts of first-degree intentional felony murder (burglary and aggravated robbery), and first-degree aggravated robbery. The murder charges arose out of the death of Aaron Moran on October 22, 2013. Prior to trial, the district court denied Cox's motion to suppress a statement he made to the police. The district court sentenced Cox to life without the possibility of release for the first-degree premeditated murder conviction and a concurrent 81–month sentence for the first-degree aggravated robbery conviction. For the reasons that follow, we affirm.
In October 2013, Cox and his friend Brooks Kurr decided to rob Aaron Moran at his home in Shakopee, Minnesota. Although Cox had never met Moran, Kurr knew Moran quite well. Between September 2012 and September 2013, Kurr and Moran worked together at Affordable Town Car. Kurr had driven to Moran's home several times, knew he often carried cash, and had seen him possess marijuana. Thus, Kurr believed Moran was a drug dealer who might have drugs and money at his home. By October 2013, Kurr's relationship with Moran had soured because Kurr believed he lost his job at Affordable Town Car in part due to Moran and that Moran had set him up to be robbed on two prior occasions. In fact, when the police later asked personnel at Affordable Town Car if they could think of anyone who might have “a reason to hurt” Moran, they immediately identified Kurr.
On the night of October 8, 2013, Kurr and Cox organized an attempt to rob Moran. Kurr drove Cox past Moran's home, parked a few blocks away, and gave Cox a .38 caliber handgun “for intimidation purposes and, ... if necessary, force” to accomplish the robbery. Because Moran might recognize Kurr, Cox agreed to commit the robbery by himself. Cox stepped out of the car and walked in the general direction of Moran's home. As Cox walked through the neighborhood, he became lost and was unable to locate Moran's home. He therefore abandoned the robbery that night.
Sometime between October 8 and October 22, Cox purchased a .357 magnum revolver. The revolver had the capacity to hold six bullets. Cox would later tell police he developed “pretty good aim,” and when he went to the gun range he used a two-handed grip.
On the night of October 22, 2013, Kurr and Cox returned to Moran's neighborhood.
On this occasion, Cox knew the exact location of Moran's home. The plan was the same as on October 8, except that this time Cox brought the fully loaded .357 magnum. Cox wore a mismatched pair of gloves. On his right hand, he wore a “pistol grip-type glove.”1 On his left hand he wore a cotton glove. Cox also placed extra bullets in his pocket.
When Cox unlawfully entered Moran's home, he encountered Moran's 15–year–old nephew B.M., who was playing a video game. Cox told B.M. “this is a robbery” and directed him to pause the video game. After closing the curtains, Cox asked B.M. if anyone else was present in the home. When B.M. indicated that no one else was present, Cox asked, “If there [is] someone in the house [is it] okay if I just killed everybody ... ?”2 Cox then directed B.M. to take him on a tour of the home.
As B.M. stood up and began walking towards the hallway, Moran walked in the front door and said, “Whoa.” Cox raised the .357 magnum from his side and pointed it at Moran. Looking back and forth between Cox and B.M., Moran smiled, apparently believing that Cox's presence was some kind of joke. Cox did not tell Moran that this was a robbery or demand any cash or drugs. Instead, Cox said, “This is the one I'm looking for.” A few seconds later, Moran's cell phone began to ring. As Moran reached for the phone, Cox repeatedly ordered Moran to show his hands. Ignoring Cox's orders, Moran pulled the phone completely out of his pocket. B.M. could see that the object in Moran's hand was a phone. Cox ordered Moran to “put down the phone.” When Moran ignored that order, Cox shot Moran in the right thigh, shattering his femur. B.M. turned away and covered his ears. According to B.M., 40 seconds elapsed between the first order and the first shot. Cox later told the police that the “[f]irst time I shot him I didn't just pow ” Instead, Cox offered Moran another opportunity to comply with his orders. When Moran continued to ignore his commands, Cox fired a second shot, which struck Moran in the chest, causing Moran to “stumble back towards the door.” As Moran was falling backwards, Cox fired a “third and fourth [shot] pretty much at the same time.” Moran fell onto his back and was “having a hard time breathing.” Cox directed B.M. to retrieve Moran's wallet, which required that B.M. first roll Moran over on to his stomach. After Cox went through Moran's wallet, he said, “Let's continue,” which B.M. understood as a command to continue with the tour of the home.
In Moran's bedroom, Cox directed B.M. to unlock a safe and empty its contents (paperwork and ammunition) into B.M.'s school backpack. Cox then asked B.M. if he had any duct tape or rope. When B.M. said that he did not, Cox told B.M. to put his hands on his head, close his eyes, and count to 120. When B.M. finished counting to 120, Cox was gone. B.M. immediately called 911.
Upon their arrival, the police found Moran dead on the floor. They also found four .357 bullets at the scene: one on the foyer floor, one in Moran's pant leg, one under Moran's body, and one lodged in a door leading to a stairway.
The medical examiner performed an autopsy on Moran and concluded that he was shot four times: once in the right thigh and three times in the chest. One of the bullets in Moran's chest traveled in a downward trajectory, and two traveled upward from front to back. The medical examiner concluded that the two bullets traveling at an upward angle were probably fired when Moran was falling backwards or already on the floor.
Witnesses from Affordable Town Car identified Kurr as a potential suspect. Investigators examined Kurr's cell phone activity, leading them to identify Cox as a suspect as well. Investigators then tracked Cox and Kurr via their cell phone activity and 4 days later arrested Cox in an alley near Moran's house. Cox was carrying B.M.'s school backpack, three .357 rounds, and Moran's cell phone.
Cox arrived at the Shakopee police department around 9:45 p.m., and was interviewed by Shakopee Detective Cody Horner and BCA Agent Mike Wold. Shakopee Detective Corey Schneck was present for the final hour of the interview. The interview began at 11:49 p.m. and lasted almost 5 hours, concluding at 4:45 a.m. Agent Wold began the interview by informing Cox of his Miranda rights. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)
. When asked whether he understood those rights, Cox answered, “Uh huh.” Agent Wold informed Cox he was not free to leave, told him that the officers “kinda need to hear [Cox's] side of the story,” and asked him if he was willing to talk. Cox answered, “Sure.”
During the interview, Cox asked investigators about the status of a police investigation into the cause of his brother's death. Cox stated that his brother, T.T., suffered a gunshot wound
to the left side of his head in 2011 and that his death was the reason Cox moved to Minnesota. Cox told the investigators that “they tried to deem [his death] a suicide at first and I heard forensics came back and reopened the case and then I never heard anything else about the situation.” Cox mentioned that he “would love to be able to [hire] private investigators,” but that he did not have the money.
Later in the interview, Cox initiated a negotiation with the investigators that resulted in his confession:
Agent Wold agreed to “look into” the matter, and Cox subsequently admitted he killed Moran.
In December 2013, a Scott County grand jury indicted Cox on one count of first-degree premeditated murder, Minn.Stat. § 609.185, subd. (a)(1) (2014)
; two counts of first-degree intentional murder while committing or attempting to commit a felony, Minn.Stat. § 609.185, subd. (a)(3) (2014) ; and one count of first-degree aggravated robbery, Minn.Stat. § 609.245, subd. 1 (2014). Cox moved to suppress the statement he gave to police following his arrest, arguing, among other things, that it was involuntary. Following a contested omnibus hearing, the district court denied Cox's motion to suppress and his case proceeded to trial.
At trial, the State presented evidence that was consistent with the facts outlined above. On the issue of premeditation, the court instructed the jurors that:
Premeditation means that the defendant considered, planned, prepared for, or determined to commit the act before the defendant committed it. Premeditation, being a process of the mind is wholly subjective, and hence, not always susceptible to proof by direct evidence. It may be inferred from all the circumstances surrounding the event. It is not necessary that premeditation exist...
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