Wilkerson v. State
| Decision Date | 31 October 2014 |
| Docket Number | No. S–13–0230.,S–13–0230. |
| Citation | 2014 WY 136,336 P.3d 1188 |
| Parties | Richard Cameron WILKERSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Representing Appellant: Richard R. Jamieson, Jamieson & Robinson, LLC, Casper, Wyoming; John P. LaBuda and Rives T. White, LaBuda Law Office, PC, Pinedale, Wyoming; Kyle A. Ridgeway, Williams, Porter, Day & Neville, PC, Casper, Wyoming; John H. Robinson, Jamieson & Robinson, LLC, Jackson, Wyoming. Argument by Mr. Robinson.
Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Amy A. Pauli, Assistant Attorney General. Argument by Ms. Pauli.
Before BURKE, C.J., and HILL, KITE* , DAVIS, and FOX, JJ.
[¶ 1] Appellant, Richard Cameron Wilkerson, challenges his conviction for second-degree murder for the killing of Brian Newman. He contends the district court erred in instructing the jury on the malicious intent element of second-degree murder. Mr. Wilkerson further claims there was insufficient evidence to support his conviction. We conclude that the jury instructions regarding the definition of malice were in accord with our precedent. However, we also conclude that the definition of malice contained in our precedent does not satisfy the malicious intent requirement of second-degree murder under Wyo. Stat. Ann. § 6–2–104. Accordingly, we must overturn that precedent and reverse Mr. Wilkerson's conviction.
[¶ 2] Appellant presents five issues. Our resolution of this case makes it unnecessary for us to consider all of the issues presented. We rephrase the issues and discuss them in the following order:
[¶ 3] At approximately 7:00 p.m. on the night of September 21, 2012, the decedent, Brian Newman, arrived at the Century Club bar in Buffalo, Wyoming, after consuming several beers at home. Mr. Newman spent the remainder of the evening drinking beer and shots of Jägermeister, and was still at the bar when Mr. Wilkerson arrived with a group of friends at approximately 1:00 a.m. Although not invited, Mr. Newman attempted to join Mr. Wilkerson's party at a table in the bar by pulling up a stool and making room for himself. Mr. Wilkerson ordered a round of drinks for his friends at the table, but did not buy a drink for Mr. Newman. Mr. Newman became “mouthy and rude” when he did not receive a drink, and proceeded to insult several of the women in Mr. Wilkerson's party, telling them that they were “dirty whores” and “sluts,” and that they were at the bar to “prostitute [themselves].” After a heated exchange between Mr. Wilkerson and Mr. Newman, several members of Mr. Wilkerson's group told Mr. Newman to leave the table, and the bartender eventually intervened and told Mr. Newman to sit at the bar.
[¶ 4] Following the initial altercation between Mr. Wilkerson and Mr. Newman, Mr. Wilkerson was led to the dance floor by another bar patron who noticed that he was pacing and clenching his fists. Mr. Wilkerson left the dance floor after less than a minute, walked over to where Mr. Newman was seated at the bar, and punched Mr. Newman on the right side of his head. The punch knocked Mr. Newman off of his barstool and he struck his head on the bar ledge or a bar stool as he fell to the floor. While Mr. Newman lay unconscious on the floor, Mr. Wilkerson kicked or stomped in his general direction and said “talk shit now, bitch.” Emergency personnel subsequently arrived and transported Mr. Newman to the hospital, where he was pronounced dead. Mr. Wilkerson was found at his sister's house and placed under arrest. A subsequent autopsy revealed that the cause of Mr. Newman's death was “massive, fresh, acute bleedinginto [Mr. Newman's] head that happened when he tore blood vessels from the fall to the ground, hitting his head after he was punched.” The coroner's report indicated that Mr. Newman had a blood alcohol content of .226% at the time of his death.
[¶ 5] As part of its investigation of the incident, the Buffalo Police Department obtained warrants to gather the clothing and shoes worn by Mr. Wilkerson at the time of the altercation, as well as a sample of Mr. Wilkerson's blood. Based on witness statements that Mr. Wilkerson had kicked or stomped in the general direction of Mr. Newman after he was knocked to the ground, the police submitted Mr. Wilkerson's shoes to the State Crime Laboratory for DNA testing. The testing revealed no evidence of Mr. Newman's DNA on the shoes. At the request of the coroner, Mr. Newman's hands were bagged to preserve potential DNA evidence. The State, however, did not request DNA testing of Mr. Newman's hands.
[¶ 6] On September 23, 2012, the State charged Mr. Wilkerson with second-degree murder under Wyo. Stat. Ann. § 6–2–104 and § 6–10–102. A six-day jury trial began on April 15, 2013. At the close of the State's case-in-chief, Mr. Wilkerson moved for a judgment of acquittal pursuant to W.R.Cr.P. 29(a). The district court denied Mr. Wilkerson's motion. Mr. Wilkerson again moved for a judgment of acquittal after the close of the defense's case, after the close of the State's rebuttal, and after the case was submitted to the jury. Those motions were also denied.
[¶ 7] After the close of evidence, Mr. Wilkerson submitted a supplemental set of proposed jury instructions. Two of those instructions attempted to define the “malice” element of second-degree murder:
The district court rejected the proposed instructions, stating that they did not accurately reflect the status of the law in Wyoming. Instead, the court gave the following instruction relating to malice, modeled on Wyoming Criminal Pattern Jury Instruction 21.01D2:
Mr. Wilkerson also submitted a proposed instruction relating to the State's alleged failure to preserve potential DNA evidence on Mr. Newman's hands. That instruction, which stated that the failure to preserve evidence by a party may give rise to an unfavorable inference against that party, was also rejected by the district court. After deliberating, the jury found Mr. Wilkerson guilty of second-degree murder, and the court sentenced Mr. Wilkerson to 20 to 40 years in prison. Mr. Wilkerson timely filed this appeal.
[¶ 8] In order to resolve Mr. Wilkerson's first claim of error, we must determine the meaning of the term “maliciously” as that term is used in Wyo. Stat. Ann. § 6–2–104 (LexisNexis 2011), Wyoming's second-degree murder statute. That issue presents a question of law which we review de novo. See, e.g., Kammerer v. State, 2014 WY 50, ¶ 5, 322 P.3d 827, 830 (Wyo.2014). Under Section 6–2–104, “whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree....” As noted previously, the district court instructed the jury on the element of malice as follows:
Unquestionably, this instruction provides a very low threshold of proof for conviction. Under this instruction, a defendant can be convicted of second-degree murder if the jury is convinced that the act which caused the victim's death was purposefully done “without legal justification or excuse.” A defendant could also be convicted if the jury determines that the act was “done in such a manner as to indicate hatred, ill will, or hostility towards another.” The State need not prove both elements in order to convict under this instruction.
[¶ 9] Mr. Wilkerson objected to the instruction and proposed an instruction that is at the opposite end of the spectrum. The instruction proposed by Mr. Wilkerson would have required proof of “actual intent to cause the particular harm which is produced” or alternatively, “the wanton and willful doing of an act with awareness of [a] plain and strong likelihood that such harm may result.” Essentially, Mr. Wilkerson's proposed instruction requires the State to prove that Mr. Wilkerson acted with intent to kill or with awareness that death was likely to result from his actions. We must determine if either instruction satisfies the requirements of Wyo. Stat. Ann. § 6–2–104.
[¶ 10] We begin our analysis with a historical review of the law relating to...
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Court Summaries
...If that date is used, then the district court was correct in granting summary judgment. Richard Cameron Wilkerson v. State of Wyoming 2014 WY 136 S-13-0230 October 31, 2014 Richard Cameron Wilkerson was charged with second degree murder resulting from an altercation in a bar in Buffalo, Wyo......