State v. Singer
| Decision Date | 17 July 1991 |
| Docket Number | No. 890081-CA,890081-CA |
| Citation | 815 P.2d 1303 |
| Parties | STATE of Utah, Plaintiff and Appellee, v. John Timothy SINGER, Defendant and Appellant. |
| Court | Utah Court of Appeals |
G. Fred Metos (argued), Yengich, Rich, Xaiz & Metos, Salt Lake City, for appellant.
R. Paul Van Dam, Atty. Gen., C. Horton, II, Asst. Atty. Gen. (argued), Salt Lake City, for appellee.
Before BILLINGS, GARFF and ORME, JJ.
Defendant John Timothy Singer appeals from a conviction for manslaughter, a second degree felony. Singer claims the evidence was adequate to support a conviction of negligent homicide, yet insufficient to support a conviction for the more serious offense of manslaughter. Singer also alleges that certain statements made by him were obtained in violation of his Fifth Amendment right against self-incrimination. We reject both arguments and affirm.
Before dawn on January 16, 1988, a loud explosion and accompanying tremors of unknown origin occurred in Marion, Utah, in rural Summit County. Later that morning, the custodian for a local church discovered that the church building had been damaged. A police detective investigated and found a carved staff, near the sight of what proved to be a bomb blast. The staff was painted red, adorned with feathers, and engraved with the motto, "J.S.--JAN. 18 1979--CHURCH--STATE--NATION WILL BE DESTROYED."
The initials "J.S." represented "John Singer," father of the defendant and self-styled prophet, who was killed at his ranch in Marion during an arrest attempt on January 18, 1979, the date carved into the staff. The family, now guided by John Singer's widow, Vicki Singer, and son-in-law, Addam Swapp, still resided at the Marion ranch. Addam Swapp later admitted to bombing the church. State v. Swapp, 808 P.2d 115, 116 n. 1 (Utah App.1991). Family members believed that destruction of the church house would precipitate the resurrection of John Singer. After the bombing, Addam Swapp declared the Singer ranch to be an independent nation, and the heavily-armed family barricaded itself in the main residence of the ranch. Addam Swapp and Vicki Singer were indicted by a federal grand jury for their part in the bombing and warrants were issued for their arrest and for search of the Singer ranch. A thirteen-day siege by state and federal law enforcement officials followed.
During the siege, Addam Swapp, his brother Jonathan, and the defendant frequently ventured outside the home as they attended to farm chores, such as milking the family goat, and monitored the movements and positions of law enforcement officers. Each, including the wheelchair-bound defendant, 1 was heavily armed during these brief forays. Due to the presence of a number of children in the Singer home, law enforcement officials hoped to persuade the Singers to terminate the siege and surrender without violence. Lights and loudspeakers were utilized in an attempt to confuse and tire the Singers. The Singers responded by disabling the equipment, even leaving the confines of the ranch to do so. The officials' attitude of restraint ultimately led to deployment of police service dogs and their handlers in execution of a plan calculated to arrest Addam Swapp without gunfire. 2
Under the cover of darkness, agents of the Utah State Corrections Police Service Dog Team and the Federal Bureau of Investigation Hostage Rescue Team took position in a nearby structure, known as the Bates house, bordering the west side of the Singer ranch. The Swapp brothers had earlier been seen in the Bates house. Officials hoped that agents would be able to isolate and peaceably arrest the Swapps if they made a repeat visit to the Bates house. Later the plan was modified to direct the police service dogs to take the Swapp brothers to the ground as they left the Singer house to milk the goat. On January 28, 1988, Corrections Lieutenant Fred House and Officer Jerry Pope positioned themselves with their dogs at the front door of the Bates house in order to release and command their dogs. Lieutenant House was crouched in the doorway, his right side slightly exposed to the Singer house. Other agents stood nearby to provide support for the dog handlers.
As the Swapp brothers approached the goat pen, the dogs were released. A nearly simultaneous series of events ensued. A burst of shots was fired from the Singer house. The dogs became confused and failed to key on the brothers. Addam Swapp shouldered his weapon and took aim at the officers. Officers fired at Addam Swapp and he was wounded with a single gunshot to the wrist. He quickly retreated into the Singer house. Lieutenant House was struck and felled by gunshots. The dogs reentered the Bates house through the front door and a second series of shots rang out from the Singer house. Agents pulled Lieutenant House further into the Bates house and attempted first aid. Lieutenant House did not respond and was pronounced dead on arrival following evacuation by helicopter to the University of Utah Medical Center.
Immediately after the shooting stopped, Addam Swapp walked out of the Singer house to surrender, although family members called to him to return. With the surrender of Addam Swapp, the remainder of the family quickly followed suit. Singer was taken into custody by agents of the Bureau of Alcohol, Tobacco and Firearms and transported to detention facilities in Salt Lake City.
A search of the Singer house revealed twenty-three firearms and over 8,000 rounds of ammunition cached at various points around the house. Two .30 caliber rifles were located near the window of Timothy Singer's bedroom. One of these rifles was later identified as the weapon from which the shots directed at the Bates house were fired, including the fatal shot to Lieutenant House.
Subsequent to his arrest and administration of Miranda warnings, Singer waived his constitutional rights to counsel and to remain silent, began to talk, changed his mind and invoked his right to remain silent, and then talked again. Singer was interviewed and gave a statement admitting he was seated in his wheelchair at his bedroom window when the Swapp brothers went out to milk the goat. Singer admitted to firing his rifle in the direction of the dogs and the Bates house, but denied firing at any officers, although he admitted he knew handlers would not be far from the dogs. Singer was charged with second degree murder. He was tried by a jury, which was instructed on second degree murder, as well as on the lesser offenses of manslaughter and negligent homicide. The jury convicted Singer of manslaughter and he was sentenced to a term of one-to-fifteen years in the state prison, to run consecutively to his federal sentences. 3
we review the evidence and all inferences which may be reasonably drawn from it in the light most favorable to the verdict of the jury. We reverse a jury conviction for insufficient evidence only when the evidence, so viewed, is sufficiently inconclusive or inherently improbable that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime of which he was convicted.
State v. Petree, 659 P.2d 443, 444 (Utah 1983). Even if the defendant presents some competent contradictory evidence, we do not find facts anew. See State v. Hopkins, 782 P.2d 475, 477 (Utah 1989). Our scope is strictly limited to determining whether there was evidence to reasonably support each element of the charged offense, and we must "assume that the jury believed those portions of the evidence supporting the verdict." State v. Stewart, 729 P.2d 610, 611 (Utah 1986).
Singer asks this court to reverse his conviction for manslaughter, admitting, however, that the evidence would support a conviction for negligent homicide. Under a charge of manslaughter, the prosecution must prove one of three alternative theories of culpability. The manslaughter statute provides:
Criminal homicide constitutes manslaughter if the actor:
(a) recklessly causes the death of another; or
(b) causes the death of another under the influence of extreme emotional disturbance for which there is a reasonable explanation or excuse; or
(c) causes the death of another under circumstances where the actor reasonably believes the circumstances provide a legal justification or excuse for his conduct although the conduct is not legally justifiable or excusable under the existing circumstances.
Utah Code Ann. § 76-5-205(1) (1990). 4 Singer claims the evidence was insufficient to establish that he acted recklessly in causing the death of Lieutenant Fred House. He claims he was merely negligent and thus should only have been convicted of negligent homicide: "Criminal homicide constitutes negligent homicide if the actor, acting with criminal negligence, causes the death of another." Utah Code Ann. § 76-5-206(1) (1990) (emphasis added). 5 Thus, the sufficiency of the evidence proving the mental state required for manslaughter, as opposed to negligent homicide, forms the nucleus of Singer's challenge.
In State v. Dyer, 671 P.2d 142 (Utah 1983), the defendant and his brother, both of whom were intoxicated, argued and fought over car keys. Dyer produced a rifle which discharged in the direction of his brother. The bullet missed his brother, but traveled through the wall and struck and killed a friend standing outside the room. Evidence established that, although the gun had been modified by a gunsmith, the gun could not be fired without pulling the trigger. Dyer was tried for manslaughter, but convicted of the lesser offense of negligent homicide. Dyer claimed the evidence was insufficient to show that he acted with criminal negligence. Reviewing the evidence introduced at trial, the Utah Supreme Court disagreed and affirmed Dyer's...
To continue reading
Request your trial
-
State v. Dunn
...habeas corpus granted on other grounds, Stewart v. State by and through DeLand, 830 P.2d 306 (Utah Ct.App.1992); State v. Singer, 815 P.2d 1303, 1306 (Utah Ct.App.1991); see Booker, 709 P.2d at 345. Accordingly, we must assume that the jury believed Scott's and Gleffe's testimony. As Dunn's......
- State v. Thurman
-
House v. Armour of America, Inc., 930552-CA
...first rounds fired. Following Lt. House's death, criminal prosecutions ensued against Timothy Singer and Addam Swapp. See State v. Singer, 815 P.2d 1303 (Utah App.1991); State v. Swapp, 808 P.2d 115 (Utah App.), cert. denied, 815 P.2d 241 (Utah Lt. House was wearing his Armour AHP Tactical ......
-
State v. Mabe
...405 (1985)); Thurman, 846 P.2d at 1270 n. 11; see also State v. Miller, 829 P.2d 132, 134 (Utah Ct.App.1992); State v. Singer, 815 P.2d 1303, 1309 (Utah Ct.App.1991). To the extent the trial court has made subsidiary factual findings, however, those findings will not be set aside unless the......
-
Utah Standards of Appellate Review
...1270 n.11 (Utah 1993); State v. Miller, 829 P.2d 132, 134 (Utah App. 1992), cert, denied, 836 P.2d 1383 (Utah 1992); State v. Singer, 815 P.2d 1303, 1309 (Utah App. 1991). (20) Whether a restitution order abates when a defendant dies during the pendency of appeal. State v. Christensen, 866 ......