State v. Peltier
| Docket Number | 30310-a-SRJ |
| Decision Date | 29 November 2023 |
| Parties | STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. ASHLEY ELIZABETH PELTIER, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
1
2023 S.D. 62
STATE OF SOUTH DAKOTA, Plaintiff and Appellee,
v.
ASHLEY ELIZABETH PELTIER, Defendant and Appellant.
No. 30310-a-SRJ
Supreme Court of South Dakota
November 29, 2023
Considered on Briefs November 7, 2023
Appeal from the Circuit Court of the Seventh Judicial Circuit Pennington County, South Dakota the Honorable Jane Wipf Pfeifle Judge
Kyle Beauchamp of Colbath and Sperlich Rapid City, South Dakota Attorneys for defendant and appellant.
Marty J. Jackley Attorney General
Paul Swedlund Solicitor General Pierre, South Dakota Attorneys for plaintiff and appellee.
JENSEN, CHIEF JUSTICE
[¶1.] Ashley Peltier was convicted of first-degree manslaughter for the death of her boyfriend, James Rice.[1] At trial, Peltier moved for a judgment of acquittal, which the circuit court denied. Following the trial, Peltier moved for a new trial, arguing the State committed a Brady violation when it conducted an interview a week before trial, provided her with a written summary report of the interview, but failed to provide the audio recording. The circuit court denied Peltier's motion. Peltier was sentenced to forty years in prison with twenty years suspended. Peltier appeals, challenging the court's denial of the motion for a new trial, the sufficiency of the evidence, and the court's sentence. We affirm.
Factual and Procedural Background
[¶2.] Peltier and Rice lived together in an apartment in northern Rapid City. They began a long-standing relationship after meeting in 2016 while involved in illegal drug activity.[2] Peltier and Rice regularly used methamphetamine at the time. The two later-together and voluntarily-quit using meth and had been sober from the drug for approximately four years. The couple had two children together, and both children lived at their apartment. While Peltier said the couple "had [its] good days," she also claimed she was subjected to physical assaults and
domestic violence by Rice during their relationship. However, there was only one such reported incident prior to Rice's death.
[¶3.] On June 8, 2021, the couple planned a small celebration with their two children, in preparation for Rice's thirtieth birthday the next day. The couple ran some errands early in the evening, picking up a birthday cake and a 20-pack of beer, before eventually returning to their apartment. They watched television and drank beer throughout the evening. Rice's nephew visited the apartment and drove Rice to purchase more beer before leaving.
[¶4.] Peltier put the children to bed between 7:30 and 8:00 p.m. Afterwards, Rice and Peltier continued to spend time together in the living room of their apartment. Later, an argument developed concerning Peltier's past relationships and accusations of infidelity that became very heated. Peltier claimed she attempted to diffuse the situation by getting up from the couch and heading toward the couple's bedroom before Rice physically assaulted her by pushing her and then choking her, until she was able to free herself by pushing Rice off.
[¶5.] Peltier then ran into the kitchen and grabbed a paring knife. Rice entered the kitchen and began walking toward Peltier. She raised the knife above her head and told Rice to stay away. Rice initially backed away but then approached Peltier again. Peltier claimed that she jabbed the knife toward Rice as another warning sign for him to stay away, and in doing so stabbed him in the chest. Rice wrestled Peltier to the floor and attempted to take the knife away from her. But before Rice could successfully retrieve the knife, Peltier noticed blood dripping onto her and yelled at Rice that he was bleeding.
[¶6.] Rice and Peltier both called 911 and requested emergency medical services. Before Peltier was done talking to 911, Rice walked out of the apartment and collapsed on the steps leading into the apartment building. Peltier remained in the apartment and informed the 911 dispatcher what had happened. Both law enforcement and medical services arrived at the apartment, located Rice, and began tending to his injury. Medical personnel were able to transport him to the hospital before he died. Meanwhile, other law enforcement officers spoke to Peltier inside the apartment.
[¶7.] Peltier primarily spoke to Officer Brandon Bassett while Officer Karen Bicskei took pictures of the scene and collected evidence.[3] Peltier was later transported to the Criminal Investigation Division (CID) in downtown Rapid City, where she was interviewed by investigators. There, Peltier learned that Rice had died. Peltier was eventually arrested and told she was being charged for Rice's death.
[¶8.] Peltier was indicted for second-degree murder as defined in SDCL 22- 16-7.[4] Leading up to trial, the State interviewed several members of Peltier's family to investigate allegations of domestic violence between Rice and Peltier. The State initially interviewed four of Peltier's family members, prepared written
reports of the interviews, and placed corresponding audio recordings of the interviews in a discovery outbox at the State's Attorney's office. Peltier's attorneys subsequently picked up the audio recordings from the outbox. On November 15, 2022, a law enforcement investigator interviewed William High Hawk, Peltier's brother, over the phone. The investigator made an audio recording of the interview and prepared a written report. The written report was sent to Peltier's defense attorneys on November 16 and the recording was placed in the discovery outbox at the State's Attorney's office that same day. Peltier's attorneys did not pick up the audio recording or listen to it until after the trial was completed.
[¶9.] Peltier's trial was held November 28, 2022, through December 1, 2022. During its case in-chief, the State presented evidence through various witnesses. Law enforcement personnel testified about arriving on scene, tending to Rice's injury, speaking to Peltier in the apartment, and interviewing Peltier at the CID. The State's case was premised on statements made by Peltier to law enforcement on June 8 and June 9 suggesting that she was the aggressor. The testimony produced through the law enforcement witnesses included Peltier's statements that "she got in his face" and that "she could have backed off" but she "just kind of got fed up with his bull****". Peltier was also asked by law enforcement, "Do you think he was going to injure you tonight?" To which Peltier responded, "No. I think I just got too heated. I just snapped." Peltier also told law enforcement that she had lost patience with Rice and grabbed the knife to "prove a point." The State also presented evidence through Rice's nephew, 911 operators, a forensic scientist, and the pathologist who performed Rice's autopsy.
[¶10.] Peltier's defense consisted of testimony from two law enforcement officers, a domestic violence expert, and herself. The law enforcement officers testified regarding the 2017 report of domestic violence between Rice and Peltier. Peltier, testifying in her own defense, described multiple prior instances where Rice had become physical with her prior to June 8, 2021. She also described Rice's alleged assaultive conduct on the night of June 8, claiming Rice had shoved her onto a chair so hard that her glasses fell off and he then began choking her by impeding her breathing. At that point, Peltier claimed she freed herself, ran to the kitchen, and grabbed a knife, as Rice continued to walk toward her. The domestic violence expert explained the general characteristics and dynamics of a relationship involving domestic violence, including reasons why domestic abuse victims do not report abuse.
[¶11.] The State's primary theory at trial was that Peltier had committed second-degree murder and that she gave fabricated testimony that Rice had assaulted her after she initially admitted she had attacked Rice. The jury was also instructed on lesser included charges of first-degree manslaughter (SDCL 22-16-
15(4))[5] and second-degree manslaughter (SDCL 22-16-20)[6]. At the close of the State's case and at the conclusion of the evidence, Peltier moved for a judgment of acquittal, arguing that the State had failed to present evidence of a depraved mind necessary for second-degree murder. The court denied both motions. The jury found Peltier guilty of the lesser include offense of first-degree manslaughter.
[¶12.] Peltier moved for a new trial, arguing the State committed a Brady violation for its "failure to provide Defense with a phone interview that took place between [the investigator for the Rapid City Police Department] and William High Hawk on November 15th, 2022." Peltier claimed that she was not made aware that a recording of the interview was available for pickup and that the written report was insufficient because "key portions [of the interview] were either quickly summarized or omitted altogether." In considering Peltier's motion, the circuit court concluded that the audio recording was neither suppressed nor was its
absence prejudicial. In finding that the interview had not been suppressed by the State, the court determined that:
In this case, the prosecution provided the summary of the interview to defense a week before trial and identified that there was an audio recording. Further, the witness was one known to defense, being the brother of the Defendant and his location was known as he was incarcerated at the time. Nothing in the lead up to trial prohibited the defense from pursuing the testimony of a known witness. With reasonably diligent effort, Mr. High Hawk's testimony could have been obtained and subpoenaed for trial, well before [the investigator's] report was provided. . . . Finally, Defendant could have asked for the recording made during the interview, as noted in the report.
[¶13.] On the question of prejudice, Peltier claimed that "a major...
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