State v. Tofani
| Decision Date | 12 July 2006 |
| Docket Number | No. 23418.,23418. |
| Citation | 719 N.W.2d 391,2006 SD 63 |
| Parties | STATE of South Dakota, Plaintiff and Appellee, v. John TOFANI, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.
Donna Bucher of Tinan, Smith & Bucher, Mitchell, South Dakota, Attorneys for defendant and appellant.
[¶1.] It is one thing to carelessly reveal details that a criminal might later use to commit a crime. It is another thing to divulge facts with the purpose of promoting or facilitating the commission of a crime. In this appeal, we are called upon to distinguish the difference. John E. Tofani was convicted of aiding and abetting Wade Reiner in the rape and aggravated assault of Tofani's fiancée, C.M. While accepting Reiner's largesse in the form of money, beer, and food, Tofani and his friend told Reiner about how they were "sick of" C.M. Their discussion proposed that she should be "roughed up and sent out of town." Someone remarked that "a woman like that" should be beaten and raped. Reiner said he could do it, but after he did, Tofani claimed that he never took their discussion seriously. Reiner confirmed that he only "assumed" this was what Tofani wanted. He also confirmed that he was never specifically asked to commit these crimes against C.M. Nonetheless, before it happened, Tofani pointed out C.M.'s motel room to Reiner, gave Reiner the key to C.M.'s room and then took it back before Reiner could use it, told Reiner that C.M. was a drug user wanted in Florida, and had Reiner drive him to another town before Reiner returned to commit the crimes. On appeal, Tofani challenges the denial of his motion to exclude evidence, his motion to suppress, and his convictions. We affirm in all respects.
[¶2.] Tofani was living in Florida when he decided to travel north after a friend of his died. He wanted to "relocate." Tofani's fiancé, C.M., also decided to leave Florida because she "wanted to get a fresh start as her past was terrible." In C.M.'s van, she and Tofani first went to Daytona, where they picked up Tim Stone, someone Tofani knew but C.M. did not. The three headed to South Dakota, funding their trip by panhandling and obtaining local community services along the way. They arrived in Mitchell, South Dakota on March 2, 2004, and rented a room at the Corn Palace Motel.
[¶ 3.] On March 5, 2004, while still at the same motel, Tofani and Stone left, telling C.M. "they would be back with beer and pizza for dinner." They went to the Sudz Bar-Laundromat-Casino, where they met Wade Reiner. Reiner, a resident of Hanson County, was having a bad day. He thought his wife was having an affair and was about to leave him. That morning, he got fed up with his work after being demoted. He walked off the job and then worked on fixing his truck. He was unsuccessful. He tried to do laundry at Sudz, but the machines were out of service. So he went to the bar portion of the establishment, ordered a beer, and began playing video lottery.
[¶ 4.] Tofani and Stone did not know Reiner before that day. Stone approached Reiner after noticing that Reiner hit a big payout on the video lottery machine. He won $180. Stone struck up a conversation with Reiner, which led Reiner to move to a video lottery machine closer to Tofani and Stone. Reiner joined in their conversation and continued to play video lottery. He bought them beer and, because he "felt sorry for their situation," he gave Tofani and Stone twenty dollars each from his recent winnings. Throughout the afternoon they continued to drink and talk, consuming an estimated eight to ten beers.
[¶ 5.] According to Reiner, Tofani and Stone's conversation revolved mostly around C.M. and how they were "sick of [her] and wanted to leave her." Their complaints ran the gamut: she nagged, she wanted only the best for herself, and she threatened to report Tofani to the authorities if he ever tried to leave her. Reiner later testified that Tofani and Stone blamed their troubles on C.M., and Tofani referred to her "as a crack whore who would give everybody in the bar a blow job for a line." In Reiner's view, the conversation "was not just two men venting a little steam." Reiner recalled that they said C.M. "should be roughed up and sent out of town, sent back home." Reiner had the impression that he "could do whatever he wanted to with [C.M.]" because Tofani told him he had "paid for her." Unknown to Tofani or Stone, but judging from the rape and bondage themes in the lewd photographs later found in his possession, Reiner had fantasies about beating and raping women.
[¶ 6.] In contrast to Reiner's account of the conversation at Sudz, a defense witness would later testify that she overheard Tofani and Stone, but they were not bad-mouthing C.M. This witness, Michele Schulte, a legal secretary from Salem, South Dakota, was at Sudz while waiting to meet a friend. She was about ten feet from Tofani and Stone. She described Sudz as a small bar where you could hear almost everything. From eavesdropping, Schulte heard Tofani and Stone speak about C.M.: Tofani only referred to her as his "old lady," and he wanted to leave her. Schulte described Reiner, Tofani, and Stone as belligerent; every other word out of their mouths was f___k. But she heard nothing about raping, beating, or harming C.M. Before Schulte left Sudz, she heard Reiner say that he was going back to the laundromat to get his clothes. The other two were getting ready to go to Sioux Falls.
[¶ 7.] Tofani later confirmed to police that he told Reiner that he wanted to get away from C.M. He also admitted that the terms "beaten" and "raped" were used regarding C.M. during their conversation, although he denied using them himself. Reiner's contribution to the conversation was that "there should be a place that you could take `em and have that done.'" In response to interrogation, Tofani also confirmed that Reiner said that he "had no problem doing it," he "would take care of it"—he would go over to her motel room and "take care of it." Saying that he himself thought it was all a joke, Tofani later conjectured in hindsight that it was surely Stone and Reiner who had seriously conspired to have C.M. taken care of.
[¶ 8.] According to Reiner's trial testimony, Stone coaxed Tofani into going to Sioux Falls. Reiner claimed that Tofani was reluctant at first because he had just gotten a job in Mitchell. Nevertheless, Tofani agreed to go and Reiner said he would drive them there. They even discussed whether Reiner would drive them all the way back to Florida, but Reiner would only take them as far as Sioux Falls. Before they left, Stone went to the motel room and grabbed his belongings. When Stone entered the room, C.M. was there. Stone told her that he needed his things to prove to someone that he was homeless so the person would give him money. Tofani did not come to the room or attempt to gather his belongings.
[¶ 9.] Back together, Tofani, Stone, and Reiner went to another Mitchell bar, TLC, where they "had a couple more beers and bought a twelve pack for the road." Reiner testified that while they were heading out of Mitchell they drove past the Corn Palace Motel and Tofani and Stone pointed out C.M.'s van and her room. Reiner also said that Tofani threw the room key onto the center console telling Reiner to return it to the motel. A short time later, however, Stone got the key back from him because, according to Tofani, both he and Stone were concerned about Reiner's trustworthiness and the possible danger to C.M. if Reiner had a key to her room. According to Tofani, to get the key back, he and Stone contrived a story about Stone wanting the key as a souvenir.
[¶ 10.] Eventually, Tofani, Stone, and Reiner arrived at the Pilot Truck Stop in Sioux Falls. Reiner and Tofani went inside where Reiner bought the two of them a meal. Stone remained in the vehicle and drank what beer was left. After Reiner and Tofani finished eating, Reiner gave both men another twenty dollars each and then said he was leaving. Tofani asked for a ride to the nearby Flying J Truck Stop, but Reiner refused. Reiner testified that his plan was to head back to his home in rural Alexandria, South Dakota.
[¶ 11.] Rather than going home, however, Reiner went to the Corn Palace Motel, walked up to C.M.'s room, and knocked on the door. When C.M. answered, she was on the phone with a local pastor. She had already called the police when her companions failed to return that evening. Now she was seeking advice from the pastor. Standing at the door, Reiner told C.M. that he knew where Tofani and Stone were, and he was there "to get her to bring them back to the hotel." Hearing of this proposal, the pastor warned her not to go with the stranger. She declined the advice and left with Reiner.
[¶12.] Reiner drove C.M. towards Alexandria and then pulled up along a country road in rural Hanson County, where he struck her, pulled her from his car, and forced her to perform oral sex on him. It began when Reiner suddenly struck her without provocation. After he stopped the car, he dragged her out the driver's door towards the rear of the car. He then forced her onto the ground, straddled her, and began choking her. C.M. pretended to pass out and Reiner eventually eased his grip. But then Reiner grabbed her and pulled her head to his midsection and forced his penis into her mouth. When he was finished, he dragged her towards the trunk. C.M. thought Tofani was going to be in the trunk either dead or tied and gagged. C.M. later recounted that Reiner said to her "that money was exchanged for him to do this" or that "money was given to him to do this to me."
[¶ 13.] Reiner opened the trunk of his car. It was empty. He told C.M. to get in. She pleaded with him — she would not tell...
To continue reading
Request your trial
-
Gonzales v. Duenas-Alvarez
...and n. 1 (2000); Hudgins v. Moore, 337 S.C. 333, 339, n. 5, 524 S.E.2d 105, 108, n. 5 (1999); S.D. Codified Laws § 22–3–3; State v. Tofani, 2006 SD 63, ¶¶ 31–48, 719 N.W.2d 391, 400–405;State v. Richmond, 90 S.W.3d 648, 654–656 (Tenn.2002); Tex. Penal Code Ann. § 7.02; Ex parte Thompson, 17......
-
State v. Deneui
...precursors and actual methamphetamine support the conviction. [¶ 61.] We review a sufficiency of the evidence claim de novo. State v. Tofani, 2006 SD 63, ¶ 35, 719 N.W.2d 391, 400 (citation omitted). We will not reverse "the guilt determination of the trier of fact if we conclude that `the ......
-
State v. Wright
...determination of the ultimate issue of voluntariness.'" State v. Carothers, 2006 SD 100, ¶ 23, 724 N.W.2d 610, 619 (quoting State v. Tofani, 2006 SD 63, ¶ 30, N.W.2d 391, 399). "Ultimately, `[t]he voluntariness of a confession depends on the absence of police overreaching. . . . Confessions......
-
State v. Tiegen
...N.W.2d 725, 728 (citations omitted))). Findings of fact, however, are reviewed under the clearly erroneous standard. Id. (citing State v. Tofani, 2006 SD 63, ¶ 24, 719 N.W.2d 391, 398), A claim that a sentence is grossly disproportionate is reviewed by the standards set out in State v. Bonn......