State Va. v. Juntilla

• Citation: 227 W.Va. 492,711 S.E.2d 562
• Decision Date: 17 May 2011
• Docket Number: No. 35739.,35739.
• Parties: STATE of West Virginia, Plaintiff Below, Appelleev.Anthony Charles JUNTILLA, Defendant Below, Appellant.
• Court: Supreme Court of West Virginia

227 W.Va. 492

711 S.E.2d 562

STATE of West Virginia, Plaintiff Below, Appellee

v.Anthony Charles JUNTILLA, Defendant Below, Appellant.

No. 35739.

Supreme Court of Appeals of West Virginia.

Submitted April 13, 2011.Decided May 17, 2011.

Syllabus by the Court

1. “The function of an appellate court when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, is sufficient to convince a reasonable person of the defendant's guilt beyond a reasonable doubt. Thus, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt.” Syl. Pt. 1, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

2. “A criminal defendant challenging the sufficiency of the evidence to support a conviction takes on a heavy burden. An appellate court must review all the evidence, whether direct or circumstantial, in the light most favorable to the prosecution and must credit all inferences and credibility assessments that the jury might have drawn in favor of the prosecution. The evidence need not be inconsistent with every conclusion save that of guilt so long as the jury can find guilt beyond a reasonable doubt. Credibility determinations are for a jury and not an appellate court. Finally, a jury verdict should be set aside only when the record contains no evidence, regardless of how it is weighed, from which the jury could find guilt beyond a reasonable doubt.” Syl. Pt. 3, in part, State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995).

3. “On appeal, legal conclusions made with regard to suppression determinations are reviewed de novo. Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. In addition, factual findings based, at least in part, on determinations of witness credibility are accorded great deference.” Syl. Pt. 3, State v. Stuart, 192 W.Va. 428, 452 S.E.2d 886 (1994).

4. “ ‘The special safeguards outlined in Miranda are not required where a suspect is simply taken into custody, but rather only where a suspect in custody is subjected to interrogation. To the extent that language in State v. Preece, 181 W.Va. 633, 383 S.E.2d 815 (1989), and its progeny, may be read to hold differently, such language is expressly overruled.’ Syllabus Point 8, State v. Guthrie, 205 W.Va. 326, 518 S.E.2d 83 (1999).” Syl. Pt. 10, State v. Newcomb, 223 W.Va. 843, 679 S.E.2d 675 (2009).

5. “When considering whether to excuse a prospective juror for cause, a trial court is required to consider the totality of the circumstances and grounds relating to a potential request to excuse a prospective juror, to make a full inquiry to examine those circumstances and to resolve any doubts in favor of excusing the juror.” Syl. Pt. 3, O'Dell v. Miller, 211 W.Va. 285, 565 S.E.2d 407 (2002).

6. “An instruction outlining factors which a jury should consider in determining whether to grant mercy in a first degree murder case should not be given.” Syl. Pt. 1, State v. Miller, 178 W.Va. 618, 363 S.E.2d 504 (1987).

Christopher J. Prezioso, Esq., Luttrell & Prezioso, PLLC, Martinsburg, WV, for Appellant.Christopher C. Quasebarth, Esq., Chief Deputy Prosecuting Attorney for Berkeley County, Martinsburg, WV, for Appellee.

PER CURIAM:

This case is before the Court upon the appeal of Anthony Charles Juntilla from the December 1, 2009, Agreed Re-sentencing Order, wherein the Circuit Court of Berkeley County, West Virginia, denied the Appellant's post-trial motions and sentenced him to life in prison without the possibility of parole based upon a jury conviction of first degree murder without a recommendation of mercy; fifteen to thirty-five years in prison for a jury conviction of sexual assault in the first degree; and one to five years in prison for a jury conviction of conspiracy to commit sexual assault. The circuit court ordered the sentences to run consecutively. The Appellant argues that the circuit court erred: 1) in failing to grant a judgment of acquittal at the close of the Appellee's case-in-chief and again at the close of all the evidence; 2) in allowing the Appellant's statement given on March 13, 2008, to be admitted into evidence; 3) in denying the Appellant's motion to strike a prospective juror, David Smallwood, because of bias; and 4) in allowing the jury in a unitary first degree murder trial to decide the issue of mercy without setting forth any appropriate standards.¹ Based upon a review of the parties' briefs and arguments, the record, and all other matters submitted before the Court, the Court affirms the decision of the circuit court.

I. Facts and Procedural History

This case arises from the sexual assault and murder of T. S.,² which occurred on the evening of May 26 or the early morning of May 27, 2007. At the time of the murder, Stephanie Brennan was the Appellant's girlfriend. Ms. Brennan had a one-year-old child ³ with the Appellant and resided with the Appellant in his father's home in Hedgesville, West Virginia. She testified that she was in a drug rehabilitation facility from May 15, 2007, until she successfully completed the program on June 5, 2007.

Ms. Brennan testified that on June 5, before picking her up from the drug rehabilitation facility, the Appellant told her during a phone conversation that he had done something bad, stating to her “think Hannibal Lector.” When the Appellant picked her up from the rehabilitation facility later that day, the Appellant told her that over Memorial Day weekend, he and a man named Fred had picked up a girl in Martinsburg, West Virginia. They took the girl to the Appellant's house where they raped her, killed her, bleached the body, and then dumped the body near Dam 4 on the Potomac River. Specifically, the Appellant told Ms. Brennan that he hit the girl in the head, bashed her head into the wall, and then carried her upstairs to the bathtub, where he stabbed her to death. The Appellant told Ms. Brennan that he poured bleach down her throat and into her vagina to destroy the evidence. The Appellant said that he and Fred took the girl's body and put it into a blue tote before taking the body out to Dam 4. Ms. Brennan testified that she did not know Fred, who was described to her by the Appellant as a white male who looked like Eminem.

For approximately two and a half weeks after the Appellant's revelations to Ms. Brennan, she remained in the Appellant's father's house. She testified that the home smelled of cleaning supplies. She also testified that she could not find a knife that had been in the kitchen. She stated that she noticed two places on the sofa that the Appellant told her he had cleaned, in addition to an indentation in the wall. Ms. Brennan decided to tell the Appellant's brother, David Juntilla, what the Appellant had told her. The Appellant's brother called the police.

On June 17, 2007, Trooper John Bowman of the West Virginia State Police went to the Appellant's father's home as part of a murder investigation. Trooper Bowman testified that he met Ms. Brennan and the Appellant's brother at the home. Ms. Brennan relayed the Appellant's story about the Memorial Day weekend murder to the trooper. The police began an investigation; however, an initial search of the area around Dam 4 revealed nothing.

Based upon Ms. Brennan's description, the police determined that the individual identified by the Appellant as Fred was Fred Douty. The police located Mr. Douty and questioned him. Mr. Douty admitted to the police that he had been with the Appellant, Charmone Myers, and two other people during Memorial Day weekend. While Mr. Douty initially denied that anything bad had occurred, he then told the police about the rape and the murder. The information given to the police by Mr. Douty was consistent with the information provided to them by Ms. Brennan. Mr. Douty also took the police to the victim's body, which was located at Dam 4. By this time, approximately three weeks had passed since the murder had occurred and the body was badly decomposed and unidentifiable. The body ultimately was identified forensically as being the victim, T. S.

Mr. Douty entered into a plea agreement ⁴ with the Appellee in exchange for his testimony at trial. At trial, Mr. Douty testified regarding his plea agreement. He also testified that he had a criminal history and that during Memorial Day weekend he was smoking crack with the Appellant and two other people. Mr. Douty testified that he and the Appellant picked up a girl that neither of them knew by inviting her to go get high with them. The three of them drove to the Appellant's house, which Mr. Douty described. He said that the Appellant punched the girl in the face and told her to remove her pants. The Appellant had intercourse with the victim and then Mr. Douty had intercourse with her. Mr. Douty stated that when the victim refused to engage in oral sex with the Appellant, the Appellant beat her until her head started to bleed and she went limp. According to Mr. Douty, the Appellant proceeded to carry the victim upstairs to a bathtub and Mr. Douty tried to clean her. Mr. Douty stated the Appellant left the room and when he returned, the Appellant had slit the victim's throat with a large knife. The Appellant then instructed Mr. Douty to get a plastic tote. The Appellant put some cleaner in the victim's mouth and vaginal area. According to Mr. Douty's testimony, the two men then put the victim into the tote and took it to the Appellant's gold car and placed the tote in the trunk. Mr. Douty suggested that they dump the victim's body at Dam 4. The two then returned the tote to the Appellant's house. Surveillance video from a gas station and a convenience store showed Mr. Douty and the Appellant together on the night...