State v. Wilson, C6-94-1860
| Decision Date | 21 July 1995 |
| Docket Number | No. C6-94-1860,C6-94-1860 |
| Parties | STATE of Minnesota, Respondent, v. Paul Arthur WILSON, Appellant. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
1. The trial court did not err in admitting appellant's post-arrest statements.
2. The evidence presented by the state at trial was sufficient as a matter of law to establish that appellant possessed the requisite intent for premeditated murder.
3. The trial court did not err in denying appellant's motion for a Schwartz hearing.
Edward L. Sisam, Sisam & Associates, P.A., Edina, and James S. Dahlquist, Minneapolis, for appellant.
Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., J. Michael Richardson, Asst. County Atty., Bev Benson, Asst. County Atty., Minneapolis, for respondent.
Heard, considered and decided by the court en banc.
On December 19, 1993, appellant, Paul Arthur Wilson, shot and killed Maryann "Mary" Hagford in the Crystal, Minnesota house he and Hagford owned. Within an hour of the shooting, Wilson was arrested in connection with Hagford's death. Subsequently, a jury convicted Wilson of premeditated first-degree murder and he was sentenced to life imprisonment. Wilson appeals from the judgment of conviction, and we affirm.
Wilson and Hagford met in 1986 as co-workers and began dating shortly thereafter. During the ensuing years, alcohol played a significant role in their relationship and both drank regularly. In 1988, they purchased a house together on Vera Cruz Avenue in Crystal, Minnesota and thereafter intermittently lived together in this home.
On the morning of December 19, 1993, Wilson awoke at approximately 6:00 a.m. and began drinking alcohol. At 11:00 a.m., Wilson called his mother and told her that he and Hagford were planning to buy a Christmas tree. During the ten minute conversation, Wilson's mother detected that he had been drinking and that his voice was not clear.
Just before noon, Wilson and Hagford drove to a nearby Christmas tree lot and purchased a tree. They chose this particular lot because they knew they could have a drink at the VFW next door before returning home. Wilson and Hagford entered the VFW at approximately noon and stayed for less than an hour and a half. During that time, Wilson drank two shots of tequila, and Hagford drank one beer. Although Wilson disputes that they had an argument, Hagford left the bar before Wilson.
By 2:00 p.m. that afternoon, Wilson had returned home and again called his parents. This time, he spoke with his father who was watching the half-time program of the Vikings football game. As was their practice, Wilson and his father discussed the game. Also, Wilson told his father that he and Hagford were having difficulty cutting off the end of the Christmas tree with what Wilson's father determined to be a finishing saw. During this five-minute conversation, Wilson's father detected that Wilson was "thick-tongued" and had been drinking.
At 2:30 or 2:40 p.m., Wilson called his parents a final time. When his mother answered the phone, Wilson said Wilson's parents immediately drove to the Vera Cruz Avenue residence where they found Wilson standing near the garage. After speaking with Wilson for a few minutes, Wilson's father entered the home to call the police and found Hagford's body on the living-room floor. A few minutes later, Wilson's mother also entered the home, inadvertently kicking a handgun that was on the living-room floor. Worried that the gun would discharge, Wilson's mother placed the gun on the living-room couch.
At 2:47 p.m., Crystal police were dispatched to the home. The officers who initially entered the home found Hagford's body face-up in the living-room and determined she was dead. The officers noted the home was in a state of disarray, and they found numerous alcohol bottles present. A Christmas tree was lying on its side in the living-room area and had saw marks and blood on its base. The officers also found a bloodied saw and a shell casing on the floor near the tree, and they noted that a glass picture frame hanging near the living-room couch had been shattered, leaving broken shards of glass on the couch. Further, officers found the handgun Wilson's mother had placed on the couch and a significant amount of blood on the floor of the living-room. The largest pool of blood, roughly 18 inches in diameter, was under the base of the tree, 2 or 3 feet from the victim. A second, smaller pool of blood had collected under Hagford's body.
Based on an initial review of the crime scene, investigators determined that Hagford was likely shot in the back of the head at close range as she stood or kneeled over the end of the Christmas tree. Investigators also suspected that the body had been moved from its original position near the tree. An autopsy conducted the following day confirmed that Hagford died of a single gunshot wound to the back of the head, which was likely inflicted from behind when Hagford was in a kneeling position. Based on blood found inside the gun barrel and on an imprint of the muzzle on Hagford's head, the medical examiner also confirmed that the gun found at the scene had been fired while pressed against the back of Hagford's head.
While other officers reviewed the crime scene, Sgt. Harty of the Crystal police approached Wilson and his parents. After determining that Wilson lived in the home, that Hagford was his girlfriend, and that Wilson and Hagford were the only persons home prior to the arrival of Wilson's parents, Sgt. Harty arrested Wilson and placed him in the back seat of a squad car. Five minutes later, Sgt. Harty got into the front seat of the car and asked Wilson several preliminary questions including his name, date of birth, and address. At 3:22 p.m., immediately following these questions, Sgt. Harty read Wilson his Miranda rights. According to Sgt. Harty, Wilson stated he understood his rights and agreed to answer questions. Sgt. Harty testified at the omnibus hearing regarding the exchange that followed:
A I asked, "Do you wish to talk to me at this time," and he agreed to talk to me about the incident.
Q Did you then ask him some questions?
A Yes, I did.
Q What did you ask him?
A I asked him what had happened that day, and he told me that he and the decedent, Mary Hagford, had been drinking all day. He stated that they had gotten angry at each other over smashing some Christmas ornaments. I asked him what happened to Mary, and he said he didn't want to talk about Mary just then.
I asked him if he owned a handgun, and he said yes, he did; he owned a Browning. I asked him what the caliber of the handgun was and he told me he didn't recall.
He told me that he called his parents and told them to come to the residence and had told them what had happened when he called them on the phone, and after this I quit questioning him.
According to Sgt. Harty, he interpreted Wilson's statement that he did not want to talk about Hagford just then to mean that Wilson was willing to talk about subjects other than Hagford. Sgt. Harty also indicated that although he could smell alcohol on Wilson's breath, Wilson appeared to be responsive to the questions and did not have difficulty with his balance or his speech. The entire conversation lasted 5 or 6 minutes.
At 3:37 p.m., Sgt. Harty transported Wilson to the Robbinsdale Police Department where they met Crystal police officer Lt. Gautsch. At 4:00 p.m., the two officers began to interview Wilson. Because Sgt. Harty indicated that he had earlier read Wilson his Miranda rights, Lt. Gautsch did not do so prior to this interview. Lt. Gautsch conducted the interview and wrote down both the questions and Wilson's responses.
During the interview, Wilson indicated he and Hagford had been drinking schnapps, beer and rum that day and had been arguing. Wilson recounted that he was sleeping on the living-room couch when Hagford came out of the bedroom screaming at him. Wilson stated that although Hagford did not have a weapon, she was threatening him and struck him on the feet. Wilson further stated that as Hagford approached, he reached for a gun he kept under the couch cushion and shot Hagford one time as she was standing near the bedroom door facing him. Although he kept an ammunition clip loaded in the gun, Wilson asserted he did not think a round was in the chamber. According to Wilson, after Hagford fell, he moved her to check on her condition.
Lt. Gautsch testified he did not initially tape-record this interview because he felt it would be intimidating. Near the end of the interview, Lt. Gautsch asked Wilson if he would be willing to have his statement taped, but Wilson responded
At the end of the interview, Wilson sketched the crime scene and signed a form consenting to a search of his home. Lt. Gautsch testified that although Wilson had blood-shot eyes, smelled of alcohol, and stated he had been drinking since 6:00 a.m., Wilson did not appear to have difficulty with the tasks before him. Both Lt. Gautsch and Sgt. Harty also testified that Wilson was responsive, spoke clearly, and seemed to think about and understand the questions before answering. Further, both officers testified that Wilson requested two bathroom breaks during the hour and a half interview, and Wilson did not appear to have difficulty with motor coordination as he walked. Following the interview, Wilson was taken to a hospital for a blood test, which indicated that at 6:10 p.m. he had a blood alcohol concentration ("BAC") of 0.29.
At approximately 6:40 p.m., after visiting the crime scene, Lt. Gautsch interviewed Wilson a second time, with Sgt. Harty again present. Prior to this second interview, Lt. Gautsch informed Wilson of his Miranda rights, and Wilson again stated he understood...
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