State v. Steele, S-17-951.
| Decision Date | 27 July 2018 |
| Docket Number | No. S-17-951.,S-17-951. |
| Citation | 300 Neb. 617,915 N.W.2d 560 |
| Parties | STATE of Nebraska, appellee, v. Markel D. STEELE, appellant. |
| Court | Nebraska Supreme Court |
Jeffrey Pickens and Kelly S. Breen, Lincoln, of Nebraska Commission on Public Advocacy, for appellant.
Douglas J. Peterson, Attorney General, and Melissa R. Vincent, Lincoln, for appellee.
Papik, J.Markel D. Steele pled guilty to one count of second degree murder and one count of first degree assault for his involvement in an armed robbery and shooting that left one victim dead and another paralyzed. Steele, who was 17 years old at the time of the offenses, was sentenced to 60 years’ to life imprisonment for second degree murder and to 40 to 50 years’ imprisonment for first degree assault, with the sentences to run consecutively. Because we find no merit to the contentions Steele raises on appeal regarding his sentences, we affirm.
The following details regarding the incident underlying Steele’s convictions are summarized from the factual basis recited by the State at Steele’s plea hearing.
On April 18, 2016, at approximately 3 p.m., law enforcement responded to a report of gunshots at a residence near 19th and Euclid Streets in Lincoln, Nebraska. Dispatchers relayed to law enforcement that approximately eight gunshots were heard in the residence and that "two black males" were seen leaving the residence around the time of the shooting. One was reported as wearing black jeans and a gray hoodie with the letters "USA" on the back, and the other was wearing jeans and a black "puffy" coat.
As officers first arrived in the area, they located a black male wearing black jeans and a gray hoodie with the letters "USA" walking westbound a block or two from the reported location of the shooting. This individual, later identified as Xheronte Lewis, was detained by police and admitted to being at the residence when shots were fired.
Inside the residence, officers located two victims, identified as Christopher Coleman and Jerry Griffis, both of whom had sustained gunshot wounds. Officers also found a dog that was suffering from gunshot wounds. Three small children were also present in the residence.
Coleman, who was found just inside the front doorway in the living room, was pronounced dead at the scene. Griffis, who was found in the kitchen, was transported to a nearby hospital where he received extensive treatment for a gunshot wound that passed through his spine. The dog was taken to an emergency veterinary clinic where it died from its wounds.
An autopsy on Coleman later revealed that the cause of his death was a gunshot wound to the neck. Griffis was hospitalized for approximately 1½ months as a result of his injuries. He was diagnosed with multiple gunshot wounds, a vertebra fracture, paraplegia, "right and left hemopneumothorax," bilateral pulmonary contusion, and a rib fracture. He is now partially paralyzed.
Griffis gave a statement to police approximately a week after the shooting. He stated that he had gone to Coleman’s house on April 18, 2016, to sell him some marijuana. While there, he heard the front door open and immediately heard two gunshots in quick succession. He stated that he could not see the shooter initially, but could see Coleman facing the shooter. He then saw Coleman turn "180 degrees" and fall to the floor and believed that Coleman was struck by one or both of the shots fired. Griffis stated that he then observed a black male in his early twenties wearing all black clothing holding a black semiautomatic handgun.
Griffis reported that the black male shot Coleman’s dog two or three times when it appeared in the kitchen doorway. The dog yelped and ran to its kennel toward the back of the kitchen. Immediately after shooting the dog, the black male pointed the gun at Griffis and fired one or two shots into his torso. Griffis immediately fell to the ground. When he looked up, the black male had walked a few steps toward him and was pointing the gun at his head. Griffis put his left hand out in front of the gun in an attempt to block a shot to his head. He heard another gunshot and felt pain on his hand and face. Griffis stated that he "played dead" in order to avoid being shot again.
After the last shot, Griffis heard two male voices in the kitchen. He He then heard the intruders rifling through cabinets and drawers. A quantity of marijuana was later found to have been taken from the residence. Using a photograph that had been posted on Facebook, Griffis was able to identify Steele as the shooter.
Investigators processed the crime scene and recovered seven bullet casings from the residence. Two spent rounds were found in the dog’s body, one round was collected from Griffis’ body, and two rounds were discovered at the residence. A firearms analyst concluded that all of the bullets were fired from the same gun, which was identified as a "Hi-Point JHP" .45-caliber firearm.
Investigators also took photographs and castings of fresh footprints from the kitchen floor and from the mud in the backyard of the residence, which appeared to be consistent with Nike "Air Force" tennis shoes. A witness described Steele as having worn Nike "Air Force or Air Max" tennis shoes at the time of the shooting. When Steele was later arrested, he was wearing Nike "Air Force" tennis shoes, which were seized by police and analyzed at the Nebraska State Patrol crime laboratory. The analyst found that the castings and photographs of the footprints taken at the crime scene corresponded to the pattern and size of Steele’s left shoe.
Steele was arrested and interviewed by police on May 5, 2016. He denied any involvement in the robbery or homicide, but admitted that he had a Facebook account and that he used Facebook to communicate with others. Investigators obtained a search warrant to access his Facebook records, which showed that on April 7, Steele was in communication with Lewis about possibly doing a narcotics-related robbery on Euclid Street. This conversation continued over the course of 11 days while the two attempted to find a gun and a driver for the robberies. The conversation included a screen shot of a text message conversation in which Lewis asked another individual to drive. That individual then asked Lewis where this would occur, and Lewis responded, " ‘Euclid.’ "
After that individual declined to participate, Steele told Lewis that he found a driver named "T.J.," later identified as Terique Jackson, and that they would be over to pick him up in a BMW, which was the vehicle Jackson was driving at the time.
Lewis was deposed and testified that he observed Steele with a black .45-caliber semiautomatic handgun just before the robbery and homicide on Euclid Street. He also testified that Jackson was the driver who transported them to the Euclid Street residence on April 18, 2016, and that Lewis made plans with Steele to meet up after the robbery.
While incarcerated at the Lancaster County jail, Steele admitted to more than one confidential informant that he had shot Coleman and Griffis on April 18, 2016, at the Euclid Street residence.
Steele was 17 years old on the date of the offenses.
Steele was initially charged with eight different felony offenses arising out of the incident on Euclid Street: first degree murder, first degree assault, robbery, abandonment or cruel neglect of an animal, and four counts of the use of a firearm to commit a felony. The parties later advised the district court that they had reached a plea agreement. Under the agreement, Steele would plead guilty to an amended information which reduced his first degree murder charge to second degree murder, retained the first degree assault charge, and dropped the other six counts. As part of the plea agreement, the State also agreed to dismiss various charges it had filed against Steele in Lancaster County District Court arising out of two different incidents and to forgo any additional charges based on those other incidents.
Steele entered guilty pleas in accordance with the parties’ agreement. The district court accepted the pleas after concluding that there was a sufficient factual basis for the pleas and that Steele understood the nature of the charges and made the plea freely, voluntarily, knowingly, and intelligently.
At the sentencing hearing, the district court acknowledged receipt of the presentence investigation report and heard arguments from both parties. Then, prior to imposing sentences, the district court stated:
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