State v. Godwin
| Decision Date | 14 March 2019 |
| Docket Number | Docket No. 44858 |
| Citation | 436 P.3d 1252,164 Idaho 903 |
| Court | Idaho Supreme Court |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Jason Andrew GODWIN, Sr., Defendant-Appellant. |
Eric D. Fredericksen, State Appellate Public Defender, Boise, for appellant. Jenevieve C. Swinford, Deputy Appellate Public Defender argued.
Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Kenneth K. Jorgensen, Deputy Attorney General argued.
Jason Andrew Godwin, Sr., appeals the judgment of conviction entered against him in Idaho County district court for second degree murder. Godwin was convicted in February 2016, for the killing of Kyle A. Anderson on June 9, 2014. In his appeal, Godwin asserts that the district court erred by denying his motion to suppress evidence of statements he made to police. Godwin also contends that the district court erred by requiring him to show personal knowledge of Anderson's violent or aggressive character before allowing him to present evidence of that character. Godwin also asserts that the district court failed to properly instruct the jury on justifiable homicide under section 18-4009 of the Idaho Code. Godwin further argues that the State committed prosecutorial misconduct by impermissibly vouching for evidence and witnesses in closing arguments. Lastly, Godwin asserts the complained-of errors in his case, even if harmless individually, amount to a due process violation when viewed cumulatively. We affirm.
Around 10:00 p.m. on June 9, 2014, Godwin shot and killed Anderson at a motor-vehicle pullout off of Toll Road just outside Kooskia, Idaho. On February 26, 2016, after a five-day trial, a jury delivered a guilty verdict against Godwin on the charge of second degree murder.
The day before Anderson was fatally shot, Godwin attended a barbeque with Phyllis "Carla" Griner, James Robinette, and Ernest "Ernie" Ruiz at which Robinette informed Godwin that he suspected that Anderson had stolen some guns from him. The next morning, Godwin, Ruiz, Brandy Lilly, and Beau Lynch, traveling in the same vehicle, went to look for the guns underneath an overturned boat in a nearby canyon but were unable to find them. Afterwards, Godwin dropped off the passengers and ran a few errands around Kooskia. Eventually, he picked up Lynch and the pair drove to Robinette's property to go shooting.
At Robinette's property, Godwin and Lynch met up with Robinette, Ruiz, and a few others. The group again discussed their belief that Anderson was in possession of Robinette's stolen firearms. At some point, either Robinette, Griner, or both, informed Godwin that Robinette's father was offering a $500 reward for the recovery of the guns. Godwin agreed to take Ruiz to retrieve the guns from Anderson.
At that time, Anderson lived with his girlfriend, Amanda Jones, in a large motorhome parked on a pullout along the Clearwater River about a half mile outside of Kooskia. Anderson also had a small Geo car parked on the pullout. That night, Anderson's son, Joseph Anderson, was also staying at the trailer.
After leaving Robinette's property, Godwin ran a few other errands, but then drove towards the pullout. In his vehicle, Griner sat in the passenger seat, Ruiz sat behind Griner in the back passenger seat, and Lynch sat behind Godwin in the driver's side backseat. Seeing that Anderson's car was parked by the motorhome, Godwin passed the pullout without stopping. He drove back to town until eventually circling back to the pullout and pulling up to Anderson's motorhome.
The events that followed were contested at trial. A balance of the testimony showed that Godwin pulled up while Anderson and Jones were outside and Joseph was inside the motorhome. At some point thereafter, Godwin shot Anderson through the neck underneath his chin from a distance of six inches to two feet. The bullet passed into Anderson's spinal cord, impacted the back of the vertebral column completely transecting the spinal cord and immediately causing Anderson to drop. An autopsy would later show abrasions over Anderson's back and right shoulder consistent with someone having dragged him by his feet. Eventually, however, Anderson's body came to rest on the gravel next to his motorhome.
Many things happened after the shot was fired. Lynch darted from the car and made his way along the highway back to Kooskia. Jones alleged that Godwin aimed his gun at her and demanded to know where the guns were located; however, she was able to break away and lock herself in the motorhome with Joseph. After Anderson's gun was obtained by either Godwin or Ruiz, Godwin then drove his car, with Griner and Ruiz inside, back towards Kooskia. Almost immediately after getting back on Toll Road, they passed the on-duty Deputy Keith Olson of the Idaho County Sheriff's Department driving a Sheriff's Department truck featuring a large logo on the side. No one in Godwin's vehicle attempted to flag down Deputy Olson's vehicle.
Deputy Olson then passed Jones who was driving Anderson's small car as he patrolled up Toll Road. Seeing that Jones had both hands out the window in an attempt to flag him down, Olson stopped to speak with her. He then called for an ambulance and followed her to the pullout. Upon arrival, Deputy Olson discovered Anderson's body, cancelled the ambulance, radioed dispatch for additional officers, and secured the crime scene.
Later, Corporal Randy Long, Detective Brian Hewson, Lieutenant Doug Ulmer, and Lieutenant Jerry Johnson arrived on the scene. While Detective Hewson investigated the crime scene, Lieutenant Johnson took Jones and Joseph to the Kooskia Sheriff's Office for interviews. After identifying some people of interest, Lieutenant Ulmer went to Godwin's unoccupied trailer. There, he noticed the trailer had been left in disarray. Rifles and an overturned gallon of milk had been left outside the front door and a plastic grocery bag of prescription pills lay in the middle of the lawn. After receiving Godwin's phone number from dispatch, Lieutenant Ulmer called Godwin at around 3:00 a.m. on the morning of June 10. When Godwin answered, Lieutenant Ulmer asked him where he was. Godwin said he was at home. Lieutenant Ulmer advised Godwin that he was at Godwin's trailer home. Godwin then informed Lieutenant Ulmer that he was in Dudley, Idaho, and had left the Kooskia area around noon the day before. Lieutenant Ulmer told Godwin that he wished to talk to him in person, asked him to get in touch with the sheriff's office, and ended the call.
At about 8:00 a.m. on the morning of June 10, Godwin called Lieutenant Ulmer and informed him that he was on his way back to Kooskia and wanted to know where he could meet with him. Lieutenant Ulmer told Godwin to meet him at the Kooskia Sheriff's Office. Instead of Lieutenant Ulmer, however, Detective Hewson met Godwin when he arrived and the two went to a conference room for an interview.
Upon initial questioning, Godwin told Detective Hewson that he had been up in Dudley, Idaho, the previous day. Detective Hewson asked Godwin if he knew why they wanted to talk to him. Godwin replied that Lieutenant Johnson had told him that Anderson had been murdered, but claimed he didn't know who Anderson was. After Hewson told Godwin that people had seen him in the Kooskia area past the time Godwin said he left, the following exchange occurred:
Hewson asked follow-up questions, prompting Godwin to reveal more details about the shooting during which Godwin reaffirmed the shooting was in self-defense. Godwin also informed Hewson that he had taken the gun Anderson threatened him with and hid it in his trailer along with the firearm Godwin had used to shoot Anderson. Detective Hewson then decided to read Godwin his Miranda rights prompting the following exchange:
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