State v. Hager
| Decision Date | 17 October 2022 |
| Docket Number | 21-0689 |
| Parties | State of West Virginia, Petitioner Below, Respondent v. Timothy Lee Hager, Respondent Below, Petitioner |
| Court | West Virginia Supreme Court |
Petitioner Timothy Lee Hager appeals the August 10, 2021, order denying his motion for a new trial following his conviction for second-degree murder.[1]
Late in the evening of July 11, 2019, petitioner, Joshua Rasnick, and Lindsay Lawrence were drinking alcohol and using drugs at a home owned by one of petitioner's relatives. A fight ensued between petitioner and Mr. Rasnick, who was shot three times. Soon thereafter police officers found Mr. Rasnick dead just inside the front door of the home. Ms. Lawrence told police that she did not see the shooting but did see petitioner grab a gun and follow Mr. Rasnick towards the front door. She said she heard Mr. Rasnick call petitioner a "b---h," petitioner respond, "I'm no b---h," and gunfire.
Early on July 12, 2019, petitioner was found nearby, taken into custody, and questioned by the police. Petitioner stated that he was "drunk" or "half-drunk," however he was able to complete a Miranda[2] form and to describe what he claimed happened. Petitioner said the night before, he, Ms. Lawrence, and Mr. Rasnick were drinking when Ms. Lawrence tried to get Mr. Rasnick to leave so that she could be alone with petitioner. Mr. Rasnick refused to leave hit Ms. Lawrence, and said "b---h you're gonna come with me." Petitioner then claimed that Ms. Lawrence picked up his gun, shot Mr. Rasnick twice, and ran out of the residence.
During a second interview about eleven hours later, officers again advised petitioner of his Miranda rights. Petitioner initially repeated his claim that Ms. Lawrence shot Mr Rasnick.
However, after an officer told petitioner that gun powder and fingerprint evidence proved he was the shooter, petitioner admitted that he shot Mr. Rasnick. At that time, no such gun powder or fingerprint evidence existed.
Petitioner was indicted for the first-degree murder of Mr. Rasnick. Following a three-day trial, a jury convicted petitioner of second-degree murder. On July 2, 2021, the circuit court sentenced petitioner to a determinate term of twenty-five years in prison. Petitioner now appeals.
In his first assignment of error, petitioner argues that the circuit court erred in denying his motion to suppress his statements to police. Petitioner claims that, during his first interview, he was clearly intoxicated, and during his second interview the officers' false claim of gun powder and fingerprint evidence overbore his will rendering his statement to the police involuntary and inadmissible. The State points out that when petitioner was first questioned by the police, he had the capacity to voluntarily waive his rights because he was able to complete a Miranda warnings form, knew that a shooting had occurred the night before, understood why he had been arrested, was able to carry on a conversation, and provided specific details about the shooting. As for petitioner's second statement to the police, the State claims that the police officers' misrepresentations were insufficient to overbear petitioner's will.
Syllabus Point 1, State v. Lacy, 196 W.Va. 104, 468 S.E.2d 719 (1996).
Syl. Pt. 1, State v. Deem, 243 W.Va. 671, 849 S.E.2d 918 (2020). Syl. Pt. 7, in part, State v. Farley, 192 W.Va. 247, 452 S.E.2d 50 (1994). "Misrepresentations made to a defendant or other deceptive practices by police officers will not necessarily invalidate a confession unless they are shown to have affected its voluntariness or reliability." Syl. Pt. 6, State v. Worley, 179 W.Va. 403, 369 S.E.2d 706 (1988).
Prior to both interviews, petitioner was given his Miranda warnings, and he acknowledged that he understood that he did not have to talk to the police. Having reviewed the recorded interviews, the circuit court found that, during both interviews, petitioner gave a good recollection of the events...
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