In re Mark E.P.

363 S.E.2d 729, 178 W. Va. 652, 1987 W. Va. LEXIS 636
CourtWest Virginia Supreme Court
DecidedNovember 18, 1987
DocketNos. 17170, 17171
StatusPublished

This text of 363 S.E.2d 729 (In re Mark E.P.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Mark E.P., 363 S.E.2d 729, 178 W. Va. 652, 1987 W. Va. LEXIS 636 (W. Va. 1987).

Opinion

PER CURIAM:

This is an appeal by two juveniles who at a joint hearing were transferred to adult criminal jurisdiction on the charge of murder. We previously considered the issue of their transfer after their first hearing in Matter of Mark E.P., 175 W.Va. 83, 331 S.E.2d 813 (1985),1 and remanded the case for further development of the circumstances surrounding confessions given by each of the juveniles. At the conclusion of the second transfer hearing the trial judge again ruled that both confessions were admissible and established probable cause to order the youths transferred to adult criminal jurisdiction. The petitioners once again seek a review of this decision in a direct appeal as provided in W.Va.Code, 49-5-10(f).

In our earlier review of this case we were specifically concerned with whether the confessions were given in conformity with the principles enunciated in State v. Ellsworth J.R., 175 W.Va. 64, 331 S.E.2d 503 (1985):

Under W.Va.Code, 49-5-8(d),2 when a juvenile is taken into custody, he must immediately be taken before a referee, circuit judge, or magistrate. If there is a failure to do so, any confession obtained as a result of the delay will be invalid where it appears that the primary purpose of the delay was to obtain a confession from the juvenile.

Syl. pt. 3, supra.

Both juveniles were charged with the murder of Lutricia Dickens on June 29, 1983 “by tying her to a bed in her home, pouring gasoline on the bed, and then setting it on fire.” Mark E.P., supra, 175 W.Va. at 85, 331 S.E.2d at 815. After a week of investigation, the police focused on Mark E.P. and John A.L., both of whom were sixteen years old, as their prime suspects. On the morning of July 6, 1983, Officers Helton and Poe went to Mark E.P.’s place of summer employment at the sewage treatment plant at 9:30 a.m. and asked him to go to the police station to discuss Ms. Dickens' death. They informed him that he was not under arrest, then obtained permission from his employer for him to leave work and promised to bring him back.

They drove him to the station without discussing the case and took him into Detective Helton’s office. When asked if he wanted to contact his mother, Mark E.P. said that “I didn’t want her to hear what I had to say.” Helton read to him each of the Miranda warnings, then had him initial each right and sign his name at the bottom [655]*655of the page. Helton testified that no promises were made and that Mark E.P. appeared “normal” and understood what he was signing.

The youth then proceeded to give a narrative account of his activities on the day the victim was killed and the events he witnessed in her house just prior to the fire, which Helton transcribed. Mark E.P. read the four-page statement, initialed minor changes and then signed it at approximately 11:30 a.m. He was placed under arrest and transported to the magistrate’s office in Princeton for arraignment sometime after 1:00 p.m. In transit Mark E.P. commented that John A.L. had discussed robbing the victim prior to going to her home and also described certain physical items taken by John A.L.

Under cross-examination, Detective Hel-ton provided the following additional facts. He had spoken to Mark E.P. on two earlier occasions at locations other than the police station and on the day prior to his arrest Helton and Poe attended a meeting at the prosecuting attorney’s office when it was determined that a statement was needed from one of the youths. Mark E.P. was not taken directly to a magistrate because he was not under arrest; he was told he was a “prime suspect” before he signed a statement; he was never advised that he was free to leave but Helton was “sure he knew it”; Helton’s office door was open but not two outer doors which led to the outside. Either Helton or Poe, or both officers, were always present with Mark E.P. Following his arrest he was not presented before a magistrate until after lunch. Mark E.P. was not advised prior to his confession that he could be charged as an adult with first degree murder.

Mark E.P. appeared at both transfer hearings for the limited purpose of explaining under what circumstances his statement was made and provided the following testimony. Before taking him to the station Helton told him, “You told us a lie the first time” and Mark E.P. agreed. Both officers escorted him from the police car into Helton’s office, each walking at his side. The officers told him that if he gave a statement “they would tell the court that [he] had cooperated with them,” and then half-way through his statement the officers disputed his story. He maintained that certain portions of Helton’s transcription were inaccurate but nevertheless signed it because he was “nervous and upset” and “[t]hey was making me say things that I didn’t want to say.”

I

Petitioner, Mark E.P., challenges the admissibility of his statement on two grounds. His first contention is that the Bluefield City Police placed him “in custody” when they picked him up from his job site and therefore he was entitled to the protections of W.Va.Code, 49-5-8(d).3 He maintains that the police should have immediately taken him before an appropriate judicial officer instead of first interrogating him at the station and then taking him to a magistrate 3% to 4 hours after he was initially picked up. In response, the State admits that the officers did not have probable cause to arrest Mark E.P. prior to his confession and therefore submit that the officers were not required to take him before a judicial officer prior to questioning him.

Based on the record of both transfer hearings we agree with the State’s position which was adopted by the trial court and now affirm our earlier ruling that the police lacked probable cause for his arrest4 and address Mark E.P.’s second argument that his confession was the product of his illegal detention and therefore is inadmissible.

A confession obtained by exploitation of an illegal arrest is inadmissible. The giving of Miranda warnings is not enough, by itself, to break the causal connection between an illegal arrest and the confession. In considering whether the confession is a result of the exploitation of an illegal arrest, the court should consider [656]*656the temporal proximity of the arrest and confession; the presence or absence of intervening circumstances in addition to the Miranda warnings; and the purpose or flagrancy of the official misconduct.

Syl. pt. 2, State v. Stanley, 168 W.Va. 294, 284 S.E.2d 367 (1981).

In Stanley, we applied the ruling in Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979), which held that “[detention for custodial interrogation — regardless of its label — intrudes so severely on interests protected by the Fourth Amendment as necessarily to trigger the traditional safeguards against illegal arrest.” Syl. pt. 1(c), in part, supra. The test for determining whether a confession is inadmissible, the three factors which are found in syl. pt. 2 of Stanley, supra,

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Related

Brown v. Illinois
422 U.S. 590 (Supreme Court, 1975)
Dunaway v. New York
442 U.S. 200 (Supreme Court, 1979)
State v. Humphrey
351 S.E.2d 613 (West Virginia Supreme Court, 1986)
Matter of Mark EP
331 S.E.2d 813 (West Virginia Supreme Court, 1985)
State v. Ellsworth
331 S.E.2d 503 (West Virginia Supreme Court, 1985)
State v. Mays
307 S.E.2d 655 (West Virginia Supreme Court, 1983)
State v. Dyer
355 S.E.2d 356 (West Virginia Supreme Court, 1987)
State v. Persinger
286 S.E.2d 261 (West Virginia Supreme Court, 1982)
State v. Stanley
284 S.E.2d 367 (West Virginia Supreme Court, 1981)
State v. Wilson
294 S.E.2d 296 (West Virginia Supreme Court, 1982)
State v. Fauber
332 S.E.2d 625 (West Virginia Supreme Court, 1985)
State v. Hutcheson
352 S.E.2d 143 (West Virginia Supreme Court, 1986)

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Bluebook (online)
363 S.E.2d 729, 178 W. Va. 652, 1987 W. Va. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mark-ep-wva-1987.