Albretsen v. State

2015 Ark. App. 33, 454 S.W.3d 232, 2015 Ark. App. LEXIS 48
CourtCourt of Appeals of Arkansas
DecidedJanuary 28, 2015
DocketCR-14-587
StatusPublished
Cited by3 cases

This text of 2015 Ark. App. 33 (Albretsen v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albretsen v. State, 2015 Ark. App. 33, 454 S.W.3d 232, 2015 Ark. App. LEXIS 48 (Ark. Ct. App. 2015).

Opinion

BART F. VIRDEN, Judge

| Appellant Johnathan Albretsen was charged with first-degree murder and aggravated assault on a family or household member in the death of his stepfather, Joe Gonsalves. A Saline County jury convicted him of manslaughter, and he was sentenced to five years’ imprisonment. Al-bretsen argues on appeal that there was insufficient evidence to support his conviction and that the trial court erred in failing to instruct the jury on negligent homicide. We affirm.

There was evidence that Albretsen, twenty-four years old at the time of the offense, lived with his mother, Teresa Gon-salves, the victim, and a younger half-brother, Grant Quick. There was testimony that on February 16, 2013, the director of 911 communications received a call from Teresa, who said that her son had stabbed her husband in the heart.

Quick testified that he was in his bedroom when he heard loud voices coming from Albretsen’s bedroom. Albretsen was sitting on his bed, and their mother was telling him that 12he should have left some ice cream for others. According to Quick, there was a rule regarding how much ice cream they were permitted to have. Quick testified that Albretsen told their mother that he should be allowed to have as much as he wanted. Albretsen then began using foul language, at which point Joe told Albretsen that he could not speak to his mother in such a disrespectful manner. When Albretsen attempted to leave the room, Joe pushed Albretsen back down onto the bed and repeatedly told him to “calm down,” but Albretsen resisted being restrained. Quick testified that Joe had both hands on Albretsen’s shoulders, that Joe did not appear to be aggressive, and that Joe did not hit Albretsen. Quick saw Albretsen’s right hand “come around in kind of an arc toward Joe’s chest.” Al-bretsen then kicked Joe, who fell against a wall. Quick stated that when Joe stood up and ran from the room, there was blood on the wall. Quick testified that Albretsen then grabbed their mother, threw her onto the bed, and said “something about cutting her up.” Albretsen fled from the house and was sitting on the ground outside when police arrived.

Aaron Washington, the patrolman with the Bauxite Police Department who arrested Albretsen, testified that he saw no wounds or injuries on Albretsen. Likewise, Lieutenant Ron Parsons with the Saline County Sheriffs Office testified that he examined Albretsen’s body for injuries but that he did not appear to be injured and had no redness or marks.

Daniel W. Dye, associate medical examiner at the Arkansas State Crime Lab, testified that Joe Gonsalves died from a stab wound that punctured his lung and nicked his pulmonary artery. In describing the wound, Dye said that it was triangular shaped, indicating that the knife was turned after it was inserted into the torso. Dye concluded that only a knife with |sa single-edged blade could have caused Joe’s fatal wound.

The jury was instructed on first-degree murder, second-degree murder, and manslaughter, as well as aggravated and first-degree assault on a family or household member. The jury was also instructed on the defense of justification. Although Al-bretsen requested an instruction on negligent homicide, the trial court refused to give it. The jury acquitted Albretsen on all charges except manslaughter.

On appeal, Albretsen argues that the trial court erred in denying his directed-verdict motion. We treat a motion for directed verdict as a challenge to the sufficiency of the evidence. Walker v. State, 2014 Ark. App. 271, 2014 WL 1758898. In reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the State and consider only the evidence that supports the verdict. Spight v. State, 101 Ark. App. 400, 278 S.W.3d 599 (2008). We will affirm if there is substantial evidence, either direct or circumstantial, to support the jury’s verdict. Fletcher v. State, 2014 Ark. App. 50, 2014 WL 245142. Substantial evidence is evidence of sufficient force and character that it will, with reasonable certainty, compel a conclusion one way or another. Spight, supra.

There are two distinct definitions of manslaughter. A person commits manslaughter if the person causes the death of another person under circumstances that would be murder, except that he causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse. Ark. Code Ann. § 5-10-104(a)(Z )(A) (Repl. 2013). The reasonableness of the excuse is determined from the viewpoint of a person in the actor’s situation under the circumstances as the actor believed them to be.' Ark. Code Ann. § 5-10-14104(a)(1)(B).

A person also commits manslaughter if the person recklessly causes the death of another person. Ark. Code Ann. § 5-10-104(a)(3). A person acts recklessly with respect to attendant circumstances or a result of his conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. Ark. Code Ann. § 5-2-202(3)(A) (Repl. 2013). The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation. Ark. Code Ann. § 5-2-202(3)(B).

Because intent can seldom be proved by direct evidence, jurors are allowed to draw upon their common knowledge and experience to infer it from the circumstances. Spight, supra. Because of the obvious difficulty in ascertaining a defendant’s intent, a presumption exists that a person intends the natural and probable consequences of his actions. Id. The question of justification is largely a matter of the defendant’s intent, which must be established by circumstantial evidence, and is essentially a question of fact for the jury. Taylor v. State, 28 Ark. App. 146, 771 S.W.2d 318 (1989). A person is justified in. using deadly force upon another person if he reasonably believes that the other person is using or is about to use unlawful deadly physical force. Ark. Code Ann. § 5-2-607(a)(2) (Repl. 2013).

Albretsen argues that there was not suf-fiéient evidence that he caused the death under extreme emotional distress or by acting recklessly. He maintains that the evidence established that the victim initiated the physical contact and prevented him from leaving. Albretsen contends that, although he is left-handed, he struck the victim with his right hand, and there was |sno evidence that he had a knife. Albretsen characterizes his actions as “reasonable.”

As a preliminary matter, although the weapon was not found, the jury could reasonably conclude that Albretsen used a knife to stab the victim. The medical examiner testified that only a knife could have caused the victim’s fatal wound. Quick described seeing Albretsen’s hand making contact with the victim’s chest and, immediately after the victim had been kicked against a wall, Quick saw blood on the wall. Moreover, Quick testified that Albretsen threatened to “cut” their mother.

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561 S.W.3d 308 (Supreme Court of Arkansas, 2018)

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Bluebook (online)
2015 Ark. App. 33, 454 S.W.3d 232, 2015 Ark. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albretsen-v-state-arkctapp-2015.