People v. Erik Jamal Newton

CourtColorado Court of Appeals
DecidedJune 2, 2022
Docket18CA1697
StatusPublished

This text of People v. Erik Jamal Newton (People v. Erik Jamal Newton) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Erik Jamal Newton, (Colo. Ct. App. 2022).

Opinion

The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion.

SUMMARY June 2, 2022

2022COA59

No. 18CA1697, Peo v Newton — Crimes — Murder in the First Degree — Tampering with Physical Evidence; Criminal Law — Custodial Interrogation — Miranda; Constitutional Law — Fifth Amendment — Right to Counsel

Confronting two issues of first impression, the division

reverses the defendant’s convictions for first degree murder and

evidence tampering and remands the case for a new trial. First, the

division concludes that when an interrogating officer contradicts

written Miranda warnings and misinforms a defendant about his

right to have an attorney appointed before questioning and then

fails to resolve the defendant’s resulting confusion, any statements

during the subsequent interrogation must be suppressed. Because

the defendant’s unconstitutionally obtained statements contributed

to both convictions, the convictions must be reversed. Second, the division determines that, under the circumstances

here, the defendant’s attempt to conceal the weapon he used to

shoot the victim was sufficient to establish that he believed an

official proceeding was about to be instituted pursuant to section

18-8-501(3), C.R.S. 2021. The prosecution may thus retry the

defendant on this charge, although it will not have the benefit of his

unconstitutionally obtained confession in doing so. COLORADO COURT OF APPEALS 2022COA59

Court of Appeals No. 18CA1697 Jefferson County District Court No. 16CR2019 Honorable Christie A. Bachmeyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Erik Jamal Newton,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Division II Opinion by JUDGE GROVE Yun and Graham*, JJ., concur

Announced June 2, 2022

Philip J. Weiser, Attorney General, Jacob R. Lofgren, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Megan A. Ring, Colorado State Public Defender, Meghan M. Morris, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2021. ¶1 Defendant, Erik Jamal Newton, appeals his convictions for

first degree murder and evidence tampering. Because the officers

who conducted Newton’s custodial interview incorrectly led him to

believe that he had no right to counsel at state expense during his

interrogation, and because the admission of the confession that he

made during that interrogation was not harmless error, we reverse

his convictions and remand the case for a new trial.

I. Background

¶2 At trial, the People presented evidence from which the jury

could find the following facts. In 2009, Newton met Onyx Lebron in

high school, and the two became close friends. Newton got to know

Lebron’s family, including his mother and her boyfriend, Zachary

Greenstreet. By 2015, however, Newton and Lebron had fallen out

and Newton no longer had any contact with Lebron or his family.

¶3 Around that time, Newton began suffering from auditory

hallucinations, during which he heard voices of Lebron,

Greenstreet, and other members of the Lebron family. He reported

this to mental health professionals and was given antipsychotic

medication, but it did not help and caused side effects, so he

stopped taking it. The voices continued to taunt and torment

1 Newton, and he claimed that the only way to stop them was to

shoot one of the people whose voices he heard.

¶4 On the night of June 17, 2016, Newton went to the Lebron

home and, finding Greenstreet in the driveway, shot Greenstreet

multiple times, killing him. Then he fled the scene and buried the

gun in a nearby cemetery because he “didn’t want to get caught.”

¶5 At approximately 3 a.m., after Newton left the cemetery, an

officer investigating a report of a suspicious person spotted him

walking down the road and activated his overhead lights. Startled,

Newton jumped a fence and tried to flee. Officers caught him a

short time later, but he claimed that he had been at a party and

denied knowing anything about the Greenstreet shooting. He was

arrested for trespassing and then released from the county jail.

Shortly after his release, however, Newton returned to the cemetery

and dug up the gun. By that time, the authorities had linked him

to Greenstreet’s shooting, and, while executing a search warrant,

they arrested him and found the gun in his jacket pocket.

¶6 Once again, Newton was brought to the county jail. This time,

after the officers read him his Miranda rights, he was interrogated

2 for several hours. He admitted both to killing Greenstreet and to

hiding the gun in the cemetery.

¶7 Because they are dispositive of Newton’s appeal, we address

only two of his ten contentions: (1) whether the court should have

granted his suppression motion; and (2) whether there was

sufficient evidence to support his tampering conviction.1 We agree

that the trial court erred when it denied Newton’s suppression

motion and that, as a result, he is entitled to a new trial. We also

conclude that Newton is eligible for retrial on the tampering charge

because, even though that conviction depended heavily on his

unconstitutionally obtained statements, the prosecution still

presented sufficient evidence to support it.

II. Waiver of Right to Counsel

¶8 Newton contends that statements he made during his

custodial interview should have been suppressed because the

1 We do not address Newton’s remaining contentions of error because they are either intertwined with his unconstitutional custodial interrogation or involve particular circumstances or strategic decisions that may not arise in the event of a retrial. See People v. Aldridge, 2018 COA 131, ¶ 45 (declining to address appellate issues that are unlikely to arise in the same context on remand).

3 interrogating officers misled him about his right to have an attorney

appointed before questioning. We agree and further conclude that

the error was not harmless.

A. Standard of Review

¶9 A trial court’s ruling on a suppression motion presents a

mixed question of fact and law. People v. Webb, 2014 CO 36, ¶ 9;

People v. Krueger, 2012 COA 80, ¶ 42. We defer to the court’s

findings of fact if competent evidence in the record supports them,

and we review the court’s legal conclusions de novo. Webb, ¶ 9.

Whether a defendant understood his rights well enough to waive

them is essentially a question of law. People v. Al-Yousif, 49 P.3d

1165, 1167 (Colo. 2002).

¶ 10 We review preserved errors of constitutional dimension for

constitutional harmless error — that is, we will reverse unless the

People show that the error was harmless beyond a reasonable

doubt. Hagos v. People, 2012 CO 63, ¶ 11.

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People v. Erik Jamal Newton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-erik-jamal-newton-coloctapp-2022.