State v. Fields, 17540
| Decision Date | 08 July 1992 |
| Docket Number | No. 17540,17540 |
| Citation | 488 N.W.2d 919 |
| Parties | STATE of South Dakota, Plaintiff and Appellee, v. Kenneth A. FIELDS, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Mark Barnett, Atty. Gen., Gary Campbell, Asst. Atty. Gen., Pierre, for plaintiff and appellee.
Delmar Walter, Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.
On March 11, 1991, a Minnehaha County jury found Fields guilty of First Degree Manslaughter, in violation of SDCL 22-16-15(3), a Class 2 felony. On May 15, 1991, the circuit court, Second Judicial Circuit, entered a judgment under which Fields was sentenced to sixty-five years in the state penitentiary. Fields filed his notice of appeal from that judgment on May 17, 1991.
Fields raises the following issues on appeal:
1. Did reference by the State during cross-examination and closing argument to Fields' post-arrest silence violate Fields' due process rights? We hold that it did not.
2. Were trial court's jury instructions regarding self-defense proper? We hold that they were.
3. Did the combination of Issues I and II deprive Fields of the right to a fair trial? No. Due to our determinations on Issues 1, 2 and 3, we do not treat this issue in full.
4. Did sufficient evidence exist to support the jury's verdict? Assuredly, it did.
We affirm.
Events surrounding this incident occurred the night of Saturday, October 20, into the early a.m. hours of Sunday, October 21. On Sunday, October 21, 1990, at approximately 1 a.m., defendant-appellant Ken Fields (Fields) stabbed Scott Fodness to death.
Triggering facts, begetting this homicide, began at approximately 9:00 p.m., Saturday night, when Fields and two companions for the evening, Dan Padovani (Padovani) and Wayne Crafton (Crafton), arrived at a bar in Pipestone, Minnesota. All three were co-workers. On the way to this bar, the three mutually shared and consumed a twelve-pack of beer. At this bar and as they departed, they split 10 cans of beer. They left the bar after half an hour, returning to Sioux Falls and proceeded to a local bar, the Pomp Room. They arrived at approximately 11:00 p.m. At the Pomp Room, Fields continued drinking beverages containing alcohol with his companions, and played billiards until 1:00 a.m. Fields was found, at 4:00 a.m. that morning, to have a blood alcohol level of 0.14. Under state law, he is presumed to be under the influence of alcohol.
At approximately 1:00 a.m., Fields and Padovani decided to leave the establishment. Crafton was no longer in their company. As Padovani and Fields neared the exit, Padovani recognized two other co-workers; both Fields and he stopped to talk to the two. Padovani became engaged in a heated conversation with one, Mike McKee (McKee). Padovani and McKee began fighting; it is disputed if the struggle consisted of shoving or fisticuffs. A bouncer at the bar, Russell Doty (Doty), saw this encounter unfold and ordered Padovani out of the bar. He complied. Fields was not involved in the dispute and was not asked to leave.
At this point, the manager of the bar, Jon Ertz (Ertz), followed Padovani outside. As Ertz approached Padovani, Padovani threw Ertz to the ground and broke his thumb. Ertz got up and again approached Padovani, who repeatedly tried to kick Ertz.
Fields, McKee, and Doty (the bouncer) came out of the bar and proceeded to the scuffle. Essentially, the important facts which follow and the intentions of the various parties are in dispute. For sake of clarity of the parties positions, we set forth the competing versions of the facts.
Fields asserts that as soon as he went out to the scuffle, he assumed the role of peacemaker/mediator. Fields grabbed Ertz (the bar manager) and Ertz struck him. In testimony, Doty conceded that Fields' actions might be able to be construed as conciliatory. Three other bouncers employed by the bar, Friesth, Bruns and Scott Fodness (Fodness) the homicide victim, came outside. Bruns noticed Ertz and Fodness shoving Padovani and Fields down the sidewalk. Despite Bruns' exhortations to Ertz and Fodness to re-enter the bar, the two remained engaged with Fields and Padovani. At this juncture, the encounter split into two groups, with Fields facing Fodness. Fodness pushed Fields into Dakota Avenue, where the two exchanged blows and then wrestled in the middle of the street. Bruns directed traffic for the two and tried to watch. Bruns saw Fodness pick Fields off the ground, lead him to the other side of the street, and take Fields down to the ground. Fields struggled to get away from Fodness as he was being led across the street. An eyewitness, one Wallin, heard Fodness tell Fields in explicit terms, to depart the area. This occurred as Fodness led Fields across the street. According to Wallin, once across the street, Fodness disengaged, then approached Fields again and the two attempted to hit each other. Fields went to the ground and Fodness came over Fields. Fields then pulled his knife and stabbed Fodness. Fodness had no knife. Fields expresses that he does not remember the sequence of events surrounding the stabbing.
Fields asserted and alleged the testimony shows that he continually retreated from Fodness and that Fodness was the aggressor. He alleged that he was repeatedly struck by Fodness and was in fear for his life. He also alleged that Fodness and the rest of the bouncers continued to scuffle even after Fields' protestations and retreats.
State asserts the evidence demonstrates the following sequence of events. When McKee and Fields left the bar, they joined the fight against Ertz. Friesth saw Fields grab or hit Ertz. Then, Fodness pulled Fields off Ertz and told Fields and Padovani to leave. They did not leave and instead swore at the bouncers.
Friesth never saw Fodness hit or push Fields down at any time. Friesth saw what appeared to be blows made by Fields against Fodness as they were across the street. Friesth saw a shiny object, the knife apparently; Fodness then turned, staggered, and collapsed. Doty and Bruns gave similar accounts, although Doty stated both fighters tripped over the curb and fell in some bushes while Bruns stated that Fodness took Fields down to the ground before crying out that Fields had a knife. Neither Friesth, Doty nor Bruns ever saw Fodness strike Fields. Another witness, one Johnson, additionally stated this. Wallin, a witness mentioned above, saw the two wrestling in the street. Wallin saw both men swing at each other. Wallin expressed Fodness took Fields to the ground before the fatal stabbing.
Fodness was taken to a hospital almost immediately where he was pronounced clinically dead. Attempts to revive him were unsuccessful. An autopsy was performed by a pathologist, Dr. Brad Randall. Dr. Randall found four stab wounds; a superficial flesh wound on the chest; a wound to the abdominal cavity; a wound to the liver; and a wound which penetrated the heart and lung. Randall considered this last wound to be the fatal wound. A wound to the webbing of the right thumb was discovered, also apparently inflicted by the knife.
Before Fields was interviewed at the police station, he was read his Miranda rights by two police officers, Officer Mattson and Detective Norlin. A tape of the interview and a transcript of the tape were admitted into evidence. Additionally, at the beginning of the taped interview with Mattson, Fields was again advised of his Miranda rights. The following colloquy followed the reading of the Miranda warning, and Fields' affirmation of understanding the rights therein:
The interview proceeded with Fields giving a detailed account of the events that transpired on the evening in question. Norlin then asked Fields later in the interview about the events at the time of the stabbing. Fields then took a different posture.
FIELDS: And until I can get a lawyer, you know, or something, I can't go into that part.
Before this interview with Detective Norlin, Fields was interviewed by Officer Mattson. The following conversation took place:
Preceding this question and answer was a detailed explanation by Fields concerning the incident.
During trial, prosecuting attorney conducted a line of questioning regarding Fields' post-arrest silence involving the stabbing. The prosecutor conducted the following cross-examination:
This concluded any reference to the issue on cross-examination.
Fields' attorney made a motion in limine at the close of the case asking that State be restricted from anything relative to Fields' post-arrest silence regarding the stabbing. However, he assented to permit the full transcripts to reach the jury, which contained reference to this issue. Trial court denied Fields' motion, in part because the evidence came in without objection, and providing that the State did not argue that Fields was guilty because he asked for an attorney. Trial court did grant Fields' request for a standing objection relative to any reference to Fields' post-arrest silence. Fields was advised (by trial court) that he need not renew his objection in open court...
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