State v. Helmer, 18858

• Decision Date: 27 March 1996
• Docket Number: No. 18858,18858
• Parties: STATE of South Dakota, Plaintiff and Appellee, v. William Joseph HELMER, Defendant and Appellant.
• Court: South Dakota Supreme Court

Page 471

545 N.W.2d 471

1996 SD 31

STATE of South Dakota, Plaintiff and Appellee, v. William Joseph HELMER, Defendant and Appellant.

No. 18858.

Supreme Court of South Dakota.

Argued Oct. 16, 1995.

Decided March 27, 1996.

Mark Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, SD, for plaintiff and appellee.

Michael Stonefield, Office of Pennington County Public Defender, Rapid City, SD, for defendant and appellant.

TUCKER, Circuit Judge.

¶1 William Joseph Helmer (Helmer) appeals his conviction for first-degree murder which was entered and filed on July 8, 1994, before the Honorable Roland E. Grosshans, Seventh Judicial Circuit, Pennington County, Rapid City, South Dakota. We affirm.

FACTS

¶2 On the morning of November 15, 1993, a rural resident of Hill City, South Dakota, observed what appeared to be a human body laying approximately 20 feet or so from the edge of a Forest Service road. The resident flagged down a deputy sheriff and directed him to the scene.

¶3 The deputy walked up to the body and observed that the corpse was headless and handless. He called for assistance and secured the area. Several officers and evidence technicians proceeded to gather evidence and investigate the scene for the remainder of the day. The next day, November 16th, officers followed foot prints which led down a fire trail to a campsite. They discovered bills and envelopes addressed to a "Tracy" with the last names of Elliot, Erickson and Helmer.

¶4 Further investigation revealed that the mail belonged to Tracy Helmer who resided in Hot Springs, South Dakota. Later that evening on November 16th, law enforcement received a phone call from William Helmer inquiring as to why they were looking for his wife. Helmer agreed to come to the sheriff's office to discuss the death of a man near Hill City, but refused to bring his wife. Once Helmer arrived at the sheriff's office, he gave an extended, voluntary statement. Helmer stated he had been with his friends, Andrea Harris and Chris Draine, on the evening of November 14th, and denied any knowledge of Dixon's whereabouts or involvement in his death. Following the interview, Helmer agreed to accompany other law enforcement officers to the campsite.

¶5 During Helmer's trip to the campsite, law enforcement in Rapid City located Harris and Draine, who denied that Helmer had been with them on the evening of November 14th. The conversation with Harris and Draine revealed another friend of Helmer's, a Joahn Hensen (Hensen). Law enforcement tracked down Hensen and asked her about Helmer's involvement in Dixon's death. Hensen initially denied any knowledge of the subject, but she subsequently revealed that she had witnessed the murder.

¶6 Hensen told the following: In August of 1993, Hensen first met Helmer while she was working for his mother in Hill City. Later in October of 1993, Hensen met Helmer's wife Tracy and the victim, Randy Dixon (Dixon). Dixon had come to South Dakota with Helmer and his wife from Arizona. The four eventually became good friends, with all four sometimes staying at Hensen's house in Rapid City.

¶7 On November 13th, Helmer and Dixon stayed overnight at Hensen's house. At approximately 4:00 or 5:00 p.m. on November 14th, Helmer insisted on driving out to his campsite to retrieve some personal belongings. He asked both Hensen and Dixon to accompany him. Hensen drove them to the intersection of China Gulch Road and Marshall Gulch Road, where she parked the car and all three walked to the campsite. When they arrived at the campsite, Helmer entered the trailer and handed Hensen a silver case. He also had a yellow bag, from which he extracted a nine millimeter submachine gun and handed the bag to Hensen to carry. In the meantime, Dixon was retrieving some items from a tent also located at the camp.

¶8 When the three left to return to the car, Helmer was carrying a large green bag, a smaller bag, a coat, a flashlight and a double-bladed axe. Dixon arrived at the car first and was leaning against it smoking a cigarette. Hensen unlocked the trunk and walked to the driver's side, leaving Helmer and Dixon at the rear of the car. Hensen then heard a "very loud pop sound." She turned around, took a few steps and saw Helmer standing behind the car and Dixon lying on the ground with blood coming from his head. Helmer threw something in the trunk and told Hensen, "You know nothing and you saw nothing and you and your daughter will pay, if you do, you and your daughter will be next."

¶9 Helmer then grabbed Dixon's body by the ankles and dragged it across and off the road. He returned to the car, grabbed the axe, walked back to the body and moved it again so it was approximately 50 feet from the edge of the road. Helmer told Hensen to get a flashlight and hold it towards him. She begged not to be made a part of it, but Helmer repeated his order. Hensen did as she was told, turned and looked away, and heard repeated thumps. When Hensen looked back, she could see that Dixon's head and hands had been chopped off. Helmer then returned to the car, retrieved some plastic bags, and walked back to the body. He placed the head in a bag, the hands in another bag and placed both into the car. He then returned to the body to retrieve Dixon's wallet and the axe, which he wiped off on the ground.

¶10 Helmer ordered Hensen to get into the car and drove to Sheridan Lake Road. He pulled the car over on a gravel area near a steep overlook, turned the car and its lights off, removed the keys and exited the car. Helmer opened up the back door to the car and removed the bags. He walked back behind the car, knelt down for a couple of seconds and then threw the bags one at a time over the edge of the overlook.

¶11 Helmer entered the car and attempted to give Hensen one of Dixon's rings which she threw into the backseat of the car. He refused to take Hensen to pick up her daughter from the babysitter, instead driving them to Hensen's house. At the house, Hensen went into the bathroom and vomited. Helmer entered the bathroom and washed his hands. Upon her exit from the bathroom, Hensen again requested to go pick up her daughter from the sitter. Helmer again refused to do so and drove them to a bar called the Oyster Pub.

¶12 Upon their arrival at the Oyster Pub, Helmer ordered oysters and a beer for himself and a soda for Hensen. Helmer remained at the bar chatting with the bartender and Hensen played lottery machines on the other side of the room. After Helmer finished his oysters, Hensen again requested to go pick up her daughter. Helmer agreed and proceeded to drive them to the sitter and then back to Hensen's house.

¶13 At the house, Hensen and her daughter went into the bedroom and laid on the bed fully clothed. During this time, Hensen heard Helmer open and close the outside door more than once. Helmer eventually came and laid down on the bed next to Hensen and requested to have sex with her. Later that evening, Helmer told Hensen, "I have committed the perfect crime."

¶14 The next day Helmer removed the license plates from Hensen's vehicle and told her to report them stolen.

¶15 At approximately 3:00 a.m. on November 17th, Helmer and the law enforcement officers returned from their visit to the campsite. Helmer was then placed into custody and arrested later that morning for the murder of Randy Dixon.

¶16 Helmer asserts the following issues on appeal:

I. Did the trial court err in denying Helmer's motion to challenge the jury panels?

II. Did the trial court err in refusing to suppress Helmer's statements made to Officer Tracy Wiest?

III. Did the trial court err in failing to instruct the jury on the defense of insanity?

DECISION

¶17 I. Did the trial court err in denying Helmer's motion challenging the make up of the jury panel?

¶18 Helmer asserts that the jury panel was drawn in violation of his constitutional and statutory right to a jury selected at random from a fair cross-section of the community.

¶19 On March 7th of 1994, the trial court informed the parties that the jury pool for Helmer's trial would consist of a special panel drawn specifically for his trial, as well as the regular June panel already drawn for cases to be held in Pennington County. While reviewing the jury panels in May, Helmer's counsel noticed the lists contained a number of potential jurors who lived on the same streets. Helmer challenged the panel. The trial court conducted an evidentiary hearing on the selection of the jury panel and denied Helmer's challenge of the panel. The court specifically found that the random selection process as utilized substantially complied with the state's statutes and therefore the challenge of the jury selection process was not warranted.

¶20 The Sixth Amendment to the United Stated Constitution requires that a jury be selected at random from a fair cross-section of the community. St. Cloud v. Leapley, 521 N.W.2d 118, 125 (S.D.1994); State v. McDowell, 391 N.W.2d 661, 664 (S.D.1986); and State v. Hall, 272 N.W.2d 308, 310 (S.D.1978). Under SDCL 16-13-10.1:

It is the policy of the State of South Dakota that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community, district or county where the court convenes....

¶21 To successfully challenge a jury panel, the challenging party must show prejudice and deprivation of a substantial right. Nebraska Electric Generation & Transmission Co-op., Inc. v. Markus, 90 S.D. 238, 241 N.W.2d 142, 146 (S.D.1976)(citing State v. Smith, 57 S.D. 292, 232 N.W. 26 (S.D.1930)); State v. Christians, 381 N.W.2d 214, 215 (S.D.1986); Broderson v. Slaughter, 66 S.D. 377, 283 N.W. 470 (S.D.1938). The burden is upon the defendant to make a prima facie showing that the cross-sectional requirement has not been met. State v. Arguello, 502 N.W.2d 548, 553 (S.D.1993); State v. Lohnes, 432 N.W.2d 77, 83 (S.D.1988) (ci...