State v. Gaul
| Decision Date | 21 June 2011 |
| Docket Number | No. 39610-6-II,39610-6-II |
| Court | Washington Court of Appeals |
| Parties | STATE OF WASHINGTON, Respondent, v. DAVID FRANCIS GAUL, Appellant. |
Quinn-Brintnall, J. — David F. Gaul appeals his convictions of premeditated first degree murder, second degree felony murder, and attempting to tamper with physical evidence. Gaul charges that error occurred when the trial court informed the jury during voir dire that his was not a death penalty case and questioned the jury about the effect of that information on its deliberations in a post-trial proceeding; that prosecutorial misconduct occurred during the cross-examination of one of his expert witnesses; that the jury instructions on lesser included offenses were erroneous; that the evidence was insufficient to prove premeditation; that the jury instruction on the attempted tampering charge was improper; that the trial court violated his double jeopardy rights by sentencing him for both murder convictions; and that cumulative error deprived him of a fair trial. In addition, Gaul argues in a pro se statement of additional grounds that the trial court erred in denying his motions to sever the murder and tampering charges. We affirm Gaul'sconvictions of premeditated first degree murder and attempting to tamper with physical evidence but remand for vacation of his conviction and sentence for second degree felony murder.
While Gaul was in jail for driving under the influence of alcohol, he gave a power of attorney to his niece, Rosille Smith. Rosille1 agreed to help sell Gaul's home and, when he told her he wanted to be debt-free upon his release, she assumed that he wanted her to use the proceeds to pay off any monies he owed. When the house sold, Rosille paid off a debt of $18,000 to Junette Gaul, Gaul's mother, and a debt of $2,500 to Sue Smith, Gaul's sister.
Gaul was released from jail on December 27, 2007. He enjoyed dinner that evening with his mother and his daughters, Katie and Jennifer Gaul. Gaul stayed with his mother after his release.
On December 28, Gaul wanted to go to the bank and check out his financial situation. He had learned that Rosille had paid monies to Junette and Sue and was not happy about it. Katie's boyfriend, Gary Wallesen, drove him to the bank along with Katie and Junette. Gaul had an angry conversation with Junette about his finances on the way to the bank. When the group drove to a restaurant for lunch, Gaul had another heated conversation with Junette. Sue came over to Junette's house later, and Gaul angrily confronted her about his money. Katie and Wallesen took Gaul out for a drive so that he could calm down.
On December 29, Junette left her home to stay with her daughters because she was uncomfortable staying with Gaul. After she left, Gaul spoke with his friend, Colleen Puderbaugh,about his financial situation. He thought his family had robbed him and felt betrayed.
Junette's family sought advice from the sheriff's office on how to deal with Gaul and was advised to get a restraining order against him. On January 2, Junette went to the Clark County courthouse to obtain an order that would require Gaul to leave her home. She arrived too late to have the order processed that day and returned to her home in the early afternoon. Puderbaugh was on the phone with Gaul at 1:50 pm when she heard Junette call out a greeting. Gaul's voice sounded flat when he heard his mother, and the call ended. When Gaul called Puderbaugh back at 3:25 pm, she asked to speak to Junette because she was worried about her. Gaul told Puderbaugh that Junette was in the bathroom, and Puderbaugh replied that she would talk with Gaul until Junette could come to the phone. Puderbaugh then heard Gaul make "very exaggerated" sounds of going down the hall, knocking, and calling out to Junette. 8-A Report of Proceedings (RP) at 300. When Puderbaugh did not hear an answer, she became concerned and told Gaul that she would come over and speak to Junette in person. Gaul became "really angry" and asked, "Do you think I would do anything to hurt my mother?" 8-A RP at 301.
When Puderbaugh got to the house an hour later, no one answered her knock or phone call. The doors were locked, so Puderbaugh called Rosille, who told her where to find a key. Still on the phone, Puderbaugh entered the house, walked through several rooms, and told Rosille to call 911. Gaul was on a hallway floor holding Junette in an embrace and there was blood on them as well as the wall. When the officers arrived, Junette was dead. There was no sign of forced entry nor was anyone else in the home.
The officers arrested Gaul, who was intoxicated, and took him to the hospital for observation. Gaul attempted to choke himself three times while he was in the hospital. He latertold the police that he had not seen his mother since December 27.
Gaul remained in custody after being charged with two counts of second degree murder. On January 13, he wrote a letter to his daughters that a corrections officer seized and turned over to the police. Among other instructions, the letter suggested that his daughters should buy two bottles of alcohol, empty out most of their contents, wipe any fingerprints from the bottles, place them below a window and near a ladder at Junette's house, and take photographs of the scene. The State amended Gaul's charges to include two counts of tampering with a witness and one count of attempted tampering with physical evidence in addition to second degree felony murder, second degree intentional murder, and premeditated first degree murder.
During voir dire, a prospective juror asked if this was a death penalty case. The trial court replied, "You would [know] if it was." 16 RP at 2096.2
At Gaul's trial, several witnesses testified about his anger concerning his finances and his belief that his family had stolen from him. Puderbaugh also testified that Gaul sounded fine the first few times he talked to her on January 2, but that he was depressed and intoxicated when he called later in the afternoon. Puderbaugh added that when she entered the home, she saw a lamp knocked over. A deputy sheriff who responded to the 911 call testified that he saw a table in the kitchen that was turned over and that there was blood on the wall and floor of the hallway where Gaul and his mother were found. Others who responded saw signs of a struggle, including a pulled-out drawer, a vase and flowers on the floor by Junette, and clumps of her hair around her feet.
A medical examiner testified that Junette died as a result of blunt force injuries to her head and chest, and strangulation. Her chest compression injuries were inconsistent with a cardiopulmonary resuscitation (CPR)-related injury and instead showed that she had been forcefully pushed into the floor.
Gaul's main defense at trial was diminished capacity due to alcoholism, brain atrophy, and the post-traumatic stress disorder resulting from his years of service as a firefighter. The psychologist who testified for the defense acknowledged, however, that Gaul was angry with his family about taking his money and had said Junette received a "felonious amount" of money from Rosille. 12-B RP at 1494.
On cross-examination, the State asked the psychologist about other cases in which he had made a finding of diminished capacity, and the following exchange occurred:
12-B RP at 1577-78. The psychologist added on cross-examination that Gaul's actions immediately before and after his mother's death showed his ability to form premeditated intent. After he testified, the trial court denied defense counsel's motion for a mistrial based on theState's cross-examination about the possibility of acquittal.
Gaul testified that although he was disturbed about his money after his release from jail, he was not angry at his mother. He admitted, though, that she acted as if something was wrong when she left the house; "she wanted to slip away." 13-B RP at 1805. He insisted that after Junette left the house on December 29, he never saw her again. He remembered parts of January 2, including a morning phone conversation with Puderbaugh and being in the hospital, but he remembered nothing about his mother's death.
The trial court instructed the jury on first and second degree manslaughter in addition to the charges filed. The court also instructed the jury, without objection, that second degree intentional murder and both manslaughters were lesser included offenses. During closing argument, the State argued that Gaul's mid-afternoon phone call to Puderbaugh occurred after he killed his mother and was a ruse that showed his ability and thought process. The State also emphasized that Gaul beat his mother about the face and head, strangled her, and crushed her ribs. Defense counsel suggested that Gaul had been trying to perform CPR on Junette after she fell.
The jury found Gaul guilty of premeditated first degree murder, second degree felony murder, both witness tampering counts, and attempted tampering with physical evidence. The jury also found by special verdict that Junette was particularly vulnerable. The court later granted Gaul a new trial on both witness tampering convictions because of instructional error.
Defense counsel argued that Gaul also was entitled to a new trial on the murder charges because the trial court erred in informing the jury that this was not a death penalty case. The court decided to...
To continue reading
Request your trial