State v. Thornton

• Decision Date: 21 April 1993
• Docket Number: No. 91-386,91-386
• Parties: STATE of Iowa, Appellee, v. William THORNTON, Appellant.
• Court: Iowa Supreme Court

Page 670

498 N.W.2d 670

STATE of Iowa, Appellee, v. William THORNTON, Appellant.

No. 91-386.

Supreme Court of Iowa.

April 21, 1993.

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., James J. Koll, County Atty., and James E. Fitzgerald, Asst. County Atty., for appellee.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, NEUMAN and SNELL, JJ.

McGIVERIN, Chief Justice.

Defendant William Thornton appeals his conviction of second-degree murder. Thornton asserts that the evidence at trial was insufficient to convict him. Thornton also asserts that the district court erred in allowing the prosecutor to ask Thornton to re-enact the shooting, and in overruling Thornton's objections to the prosecutor's rebuttal closing argument.

The court of appeals reversed the conviction, concluding the re-enactment demonstration request was improper. We vacate the court of appeals decision and affirm the district court.

I. Background facts and proceedings. After work on October 27, 1990, William Thornton went to a "bootlegging house" in Fort Dodge owned by John Andrews. He asked both Andrews and Samuel Colvin, the bartender, about money they allegedly owed him. Colvin denied owing Thornton any money.

Thornton left shortly thereafter and did some errands. He showered, changed clothes, and placed a loaded pistol in the front of his pants. ¹ He then returned to Andrews' residence where a number of people were gathered for the evening. The house was apparently crowded and noisy.

Thornton approached Colvin, who was standing behind a makeshift bar. Thornton ordered a drink and reminded Colvin about the alleged $40 debt. Colvin denied owing any money and made an obscene request to Thornton.

According to Thornton, Colvin then grabbed a knife and lunged toward him. Thornton pulled out his gun and shot Colvin in the chest.

Thornton left the bar without speaking to anyone, calling the police, or calling an ambulance. He eventually rode around town with two friends, ducking down whenever another car approached. At one point, the three returned to the bar and discovered Colvin had died as a result of the gunshot wound. Thornton later spent the night with a young woman he had dated.

Police arrested Thornton the next day without incident.

Thornton was accused of murder in the first degree pursuant to Iowa Code sections 707.1, 707.2(1) and 707.2(2) (1989). Prior to trial, he timely filed a notice of self-defense. Iowa R.Crim.P. 10(11)(c).

Thornton's case proceeded to a jury trial.

At trial, the district court denied Thornton's motion for judgment of acquittal at the end of the State's evidence.

Thornton testified on his own behalf, stating that he shot Colvin after Colvin pulled the knife and lunged at him. He stated that he could not retreat due to the crowded conditions near the bar. On cross-examination, the prosecutor repeatedly asked Thornton to demonstrate specifics of the confrontation leading up to the shooting and the shooting itself. Thornton refused to do so, claiming he could not provide an adequate demonstration because the incident happened so fast that he could not recall the details. The trial court denied Thornton's lack of foundation objections to this cross-examination. The trial court then denied Thornton's renewed motion for judgment of acquittal at the end of all evidence.

During the State's rebuttal closing argument, the State asserted, for the first time, that Thornton first placed the gun at Colvin's chest, and Colvin then reached for a knife to protect himself. The trial court overruled Thornton's objection to the argument.

The jury found Thornton guilty of second-degree murder. Iowa Code §§ 707.1, 707.3. The trial court denied Thornton's motion for new trial and later sentenced Thornton.

Thornton appealed. We transferred the case to the court of appeals. The court of appeals majority reversed Thornton's conviction due to the district court's denial of his objections to the prosecutor's repeated requests to demonstrate the confrontation which resulted in Colvin's death.

We granted the State's petition for further review.

II. Substantial evidence to support the verdict. Thornton contends there was insufficient evidence to convict him because the State failed to prove that he was not justified or acting in self-defense in shooting Colvin. The trial court overruled Colvin's motions for judgment of acquittal at the close of the State's evidence and again at the close of all evidence. The court of appeals agreed with the trial court's decision on these motions. We also affirm on this issue.

When reviewing the sufficiency of the evidence for a guilty verdict, we view the evidence in the light most favorable to the State, including all legitimate inferences and presumptions which may be fairly and reasonably deduced from the evidence in the record. State v. Blair, 347 N.W.2d 416, 418-19 (Iowa 1984). We must consider all of the evidence and not just the evidence supporting the verdict. Id. at 419.

Thornton asserted the justification of self-defense. Iowa Code §§ 704.1, 704.3. The burden of proof is on the State to prove justification did not exist here. In the present case, under the trial court's instructions to the jury, the State had to prove any one of the following:

1. The Defendant started or continued the incident which resulted in death; or

2. An alternative course of action was available to the Defendant; or

3. The Defendant did not believe he was in immediate danger of death or injury and the use of force was not necessary to save himself; or

4. The Defendant did not have reasonable grounds for the belief; or

5. The force used by the Defendant was unreasonable.

See State v. Mayes, 286 N.W.2d 387, 392-93 (Iowa 1979).

A jury verdict is binding upon this court, and we must uphold the verdict unless the record lacks substantial evidence to support the charge. Blair, 347 N.W.2d at 419. Substantial evidence is evidence which "would convince a rational trier of fact that the [defendant is] guilty of the crime charged beyond a reasonable doubt." Id. The jury is free to believe or disbelieve any testimony as it chooses and to give weight to the evidence as in its judgment such evidence should receive. Id. at 420; State v. Schrier, 300 N.W.2d 305, 309 (Iowa 1981). In fact, the very function of the jury is to sort out the evidence and "place credibility where it belongs." Blair, 347 N.W.2d at 420.

Thornton argues the evidence supports his self-defense theory that Colvin lunged at him with a knife: a knife was found next to Colvin's body; no other witnesses were allegedly in a position to see Colvin's hands at the time of the shooting; Thornton testified he was afraid for his life at the time; and quick retreat was impossible because of the crowded area and Thornton's disabled leg and arm.

We conclude the jury could rationally choose to disbelieve Thornton's testimony and his claim of self-defense. For example, Thornton asked Colvin twice for the $40, the second time with a loaded gun in the front of his pants. Although Thornton claimed to be unable to retreat from the bar when Colvin allegedly lunged, Thornton was able to easily leave the house without speaking to anyone immediately after the shooting. No other witnesses saw Colvin lunging or holding a knife; one witness even testified Colvin's hands were at his side when Thornton shot him. The State presented evidence the knife may have simply fallen from the bar when the police moved the bar to get close to Colvin. Although Colvin allegedly lunged at him with the knife, Thornton suffered no injuries and was apparently quick enough to draw his gun and shoot, despite his disabled leg and arm. After the shooting, Colvin's body remained behind the bar, which is inconsistent with lunging.

The jury also heard evidence that Thornton left the scene immediately after the shooting without stopping to call the police or an ambulance, or to explain to his friends present what had happened. Instead, Thornton went home and hid his gun in the basement. Although he allegedly told other friends he would turn himself in to the police, Thornton spent the evening riding around town with friends, ducking down whenever other cars approached. He had no contact with the police until the following day when they arrested him at a friend's house.

We conclude the jury could rationally believe these were not the actions of someone who honestly believed he acted in self-defense. Under the record, the jury could have believed that Colvin did not lunge at Thornton with a knife, and, as a result, that Thornton could not have believed himself in danger or believed it necessary to use force to protect himself. The jury could have believed that even if Thornton had such beliefs, they were unreasonable or that the use of deadly force was unreasonable.

We conclude the evidence was sufficient to generate a jury question on the five elements the State could prove to overcome Thornton's justification defense. Accordingly, we affirm the district court's ruling on this issue.

III. Re-enactment demonstration request. Thornton testified on direct examination that he asked Colvin to repay the $40, to which Colvin replied, "I don't owe you nothing. Kiss my ass." Thornton testified that he looked down and saw Colvin holding a knife. Colvin then lunged at him with the knife. Thornton said he drew his gun and, without aiming, shot Colvin because he feared for his life and was unable to retreat due to his disabilities and the crowded conditions.

On cross-examination, the prosecutor asked Thornton to step down, stand and show the jury how the whole incident happened, with the prosecutor acting as Colvin. Thornton responded that he could not demonstrate the incident because it occurred so quickly he could not remember exactly how it happened. Defense counsel...