City of Helena v. R. Strobel

2017 MT 55, 390 P.3d 921, 387 Mont. 17, 2017 Mont. LEXIS 192, 2017 WL 977273
CourtMontana Supreme Court
DecidedMarch 14, 2017
DocketDA 15-0590
StatusPublished
Cited by8 cases

This text of 2017 MT 55 (City of Helena v. R. Strobel) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Helena v. R. Strobel, 2017 MT 55, 390 P.3d 921, 387 Mont. 17, 2017 Mont. LEXIS 192, 2017 WL 977273 (Mo. 2017).

Opinions

JUSTICE BAKER

delivered the Opinion of the Court.

¶1 Rick Dennis Strobel was charged with partner or family member assault (PFMA) after attacking his wife, Bridget Rogers. Rogers told the police that Strobel hit her in the face and tried to force her into a pickup truck. At trial, Rogers recanted her prior statement to the police. The Municipal Court nonetheless convicted Strobel of PFMA, and the District Court affirmed. Positing that the only evidence establishing the required element of “bodily injury” was Rogers’s prior inconsistent statement, Strobel argues that the evidence was insufficient to support his conviction.

¶2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Helena Police Officer Jonathan Cook responded to a bystander’s 9-1-1 call reporting that a man—later identified as Strobel—was trying to force a woman into a pickup truck. Upon arrival at the scene, Officer Cook spoke with Rogers. He observed that Rogers was visibly upset, that she was crying, and that she smelled strongly of alcohol. Officer Cook testified that Rogers told him that Strobel tried to push her into the truck, that he grabbed her by the face, and that he punched her twice in the face. Officer Cook did not observe any injuries on Rogers, and she refused medical attention.

¶4 The City of Helena charged Strobel with PFMA under § 45-5-206(1)(a), MCA. Thomas Baty, the bystander who called 9-1-1, testified that he saw Strobel trying to push Rogers into the passenger side of the truck and that this “looked wrong” to him. He stated that Rogers resisted Strobel’s efforts to push her into the truck. Baty did not see Strobel punch Rogers or hear Rogers scream or cry for help.

¶5 When Rogers took the witness stand at trial, she testified that she [19]*19was drunk at the time of the alleged assault and could only vaguely remember what happened. She claimed to not recall what she told Officer Cook, and she asserted that Strobel did not strike her in the face.

¶6 Strobel moved to dismiss the charges for insufficient evidence. The Municipal Court denied the motion and convicted him. Strobel then appealed his conviction to the First Judicial District Court. He argued that because Rogers recanted her statement and there was no other testimony that Strobel had struck her or otherwise caused her bodily injury, the evidence was not sufficient to support every element of the crime of PFMA under § 45-5-206(1)(a), MCA.

¶7 The District Court affirmed Strobel’s conviction. The court reasoned that Officer Cook’s and Baty’s testimony supported the Municipal Court’s conclusion that Strobel had caused Rogers bodily injury. Thus, the District Court held that sufficient evidence existed to support a finding that Strobel was guilty of PFMA. Strobel appeals.

STANDARDS OF REVIEW

¶8 When reviewing a district court’s ruling on the decision of a municipal court, we examine the record independently of the district court’s decision, applying the appropriate standards of review. City of Missoula v. Tye, 2016 MT 153, ¶ 8, 384 Mont. 24, 372 P.3d 1286. We review questions on the sufficiency of the evidence in a criminal matter to determine whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Spottedbear, 2016 MT 243, ¶ 8, 385 Mont. 68, 380 P.3d 810. Whether sufficient evidence exists to convict a defendant is ultimately an application of the law to the facts and, as such, is properly reviewed de novo. State v. Colburn, 2016 MT 246, ¶ 7, 385 Mont. 100, 386 P.3d 561. It remains the function of the trier of fact to determine the credibility of the witnesses and the weight to be given their testimony. State v. Hudson, 2005 MT 142, ¶ 22, 327 Mont. 286, 114 P.3d 210.

DISCUSSION

¶9 Whether sufficient evidence existed to support Strobel’s conviction.

¶10 The provision under which Strobel was charged, § 45-5-206(1)(a), MCA, requires proof that the defendant “purposely or knowingly cau.seldl bodily injury to a partner or family member.” “Partner” includes spouses. Section 45-5-206(2)(b), MCA. “Bodily injury” means “physical pain, illness, or an impairment of physical condition.” Section [20]*2045-2-101(5), MCA. Strobel contends that the only evidence establishing the necessary element of bodily injury is Rogers’s prior inconsistent statement to Officer Cook. Without corroboration of her statement, he asserts that the evidence was insufficient to sustain his conviction.

¶11 Each element of a criminal offense “must be proven by sufficient evidence.” Spottedbear, ¶ 23. Prior inconsistent statements may be admitted as substantive evidence and may be considered in “determining whether the evidence is sufficient to sustain the conviction.” State v. Torres, 2013 MT 101, ¶ 27, 369 Mont. 516, 299 P.3d 804. A prior inconsistent statement is a statement made by a declarant that the declarant later contradicts during testimony at trial. M. R. Evid. 801(d)(1)(A). While such a statement may be admitted as substantive evidence, it is insufficient, standing alone, to prove a necessary element of a criminal offense. Torres, ¶ 27 (citing State v. White Water, 194 Mont. 85, 88-89, 634 P.2d 636, 638 (1981)). Instead, prior inconsistent statements must be corroborated by other evidence in order to sustain a conviction. State v. Giant, 2001 MT 245, ¶ 34, 307 Mont. 74, 37 P.3d 49; State v. Charlo, 226 Mont. 213, 217, 735 P.2d 278, 280 (1987).

¶12 We established in White Water that “[a]n unreliable prior inconsistent statement should not be the sole, substantive evidence upon which a jury should be allowed to base guilt.” White Water, 194 Mont, at 88, 634 P.2d at 638. We relied on White Water to conclude in Giant that prior inconsistent statements admitted as substantive evidence of guilt must be corroborated in order to sustain a conviction. Giant, ¶ 34. We held that evidence of the husband’s flight did not corroborate the wife’s prior inconsistent statement identifying him as her attacker, because neither the prior statement nor the evidence of flight independently constituted reliable evidence of guilt. Giant, ¶¶ 39, 41. We noted that evidence of flight, standing alone, “cannot be the sole basis of guilt,” as flight could be “as consistent with innocence as it is with guilt.” Giant, ¶ 38. We explained that to hold that “two forms of evidence, each unreliable in its own right, nonetheless, when taken together, are sufficient to prove guilt beyond a reasonable doubt, accords the sum of the evidence a characteristic trustworthiness that neither of its constituent parts possesses.” Giant, ¶ 39.

¶13 By contrast, we held in Charlo that prior inconsistent statements identifying the defendant as the suspect in an aggravated assault case were adequately corroborated. Charlo, 226 Mont. at 217-18, 735 P.2d at 280-81. In that case, Charlo allegedly stabbed his daughter’s boyfriend in a parking lot. Charlo, 226 Mont. at 214, 735 P.2d at 279. [21]*21The daughter and boyfriend both made statements to the police identifying Charlo as the assailant. Charlo, 226 Mont. at 214, 735 P.2d at 279.

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City of Helena v. R. Strobel
2017 MT 55 (Montana Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
2017 MT 55, 390 P.3d 921, 387 Mont. 17, 2017 Mont. LEXIS 192, 2017 WL 977273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-helena-v-r-strobel-mont-2017.