IN THE COURT OF APPEALS OF IOWA
No. 22-1543 Filed October 2, 2024
STATE OF IOWA, Plaintiff-Appellee,
vs.
DANIEL FLETCHER JACKSON, Defendant-Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.
A defendant appeals his convictions for murder, robbery, and burglary.
AFFIRMED.
Jamie L. Hunter of Dickey, Campbell & Sahag Law Firm, Des Moines, and
Nathan A. Mundy (until withdrawal) of Mundy Law Office, P.C., Des Moines, for
appellant.
Brenna Bird, Attorney General, and Zachary Miller, Assistant Attorney
General, for appellee.
Heard by Tabor, C.J., and Chicchelly and Sandy, JJ. 2
TABOR, Chief Judge.
Daniel Jackson appeals his convictions for murder, robbery, and burglary,
all in the first degree. He contends the State offered insufficient evidence to
support the jury verdicts and the district court abused its discretion in evidentiary
rulings. Viewing the evidence in the light most favorable to the verdicts, we find
substantial evidence of guilt on all three counts. As for the evidence claims, the
court properly exercised its discretion in allowing the jury to see body camera
footage from a police officer depicting the victim near death, as well as a Snapchat
video of Jackson holding a pellet gun. So, we affirm.
I. Facts and Prior Proceedings
Best friends since high school, Zachary Hartman and Caleb Smith lived in
a house together on Searle Street in Des Moines. Hartman and Smith often let
other friends “crash there” when they didn’t have anywhere to stay. Their
houseguests included Jackson and his brother Donovan.1 But in October 2021,
Hartman and Smith grew tired of the Jackson brothers breaking “house rules” and
asked them to leave.
About ten days after that falling out, a warrant team from the sheriff’s office
stopped by Searle Street, inquiring into Donovan’s whereabouts. Hartman told
them where they could find his former houseguest. Shortly after sharing that
information with law enforcement, Hartman received a Snapchat message from
Cayden McCormick, a friend he met through Donovan. McCormick warned
1 We refer to Daniel with his surname and Donovan with his first name. 3
Hartman and Smith to watch their backs because they had “bad things coming”
their way.
On October 27, another regular overnight guest, Cory Elifritz, stayed at the
Searle Street house. Hartman and Smith had night shifts at the warehouse where
they worked. Hartman left for work around 12:50 a.m., and Smith’s shift ended at
1:00 a.m. Alone at their house was Elifritz, asleep in Smith’s bed.
That same day, Jackson was hanging out with Taylor Austin and Tyrone
Davis. In the early evening, Jackson and Davis asked if Austin wanted to make
some money. He agreed, and Davis drove them around in his car until dark.
Jackson directed them to the Searle Street house.
According to Davis, Jackson planned to rob this house “[b]ecause the two
people who live there gave up his brother, and that’s how he got arrested.” To
carry out his plan, Jackson entered the house. But the threesome soon left
because there were still residents inside. As they were leaving, Jackson handed
Davis a wallet containing Hartman’s driver’s license and other cards.
After killing some time at a gas station, Jackson, Austin, and Davis returned
to the Searle Street house. They entered through the back door. Austin and Davis
started unplugging gaming consoles in the living room and placing them in a
backpack. Leaving his accomplices to the thefts, Jackson went down the hallway
toward the bedrooms. Then, Austin and Davis heard a noise from that direction.2
2 Austin testified it was a scream of “bloody murder.” Davis testified it was a “muffled scream.” 4
Davis ran into the bedroom and “saw a shadowlike figure just doing a
plunger-type motion on the bed.”3 Then he saw a flash of headlights from outside
illuminating “blood everywhere all over the bed.” Davis said he was armed with a
pellet gun, “freaked out,” and fired. He recalled shooting “four times at the kid’s
face.” After that, Davis, Jackson, and Austin ran to the car. Davis drove them to
a parking lot where they changed clothes. Austin testified that Davis and Jackson
threw their bloody clothes into “a nearby brush of trees.”4
When Smith returned home from work in the early hours of October 28, he
noticed the back door was not fully latched; the front door was open. He found the
bedroom “covered in blood” and Elifritz “bleeding very, very badly” and “rolling
around on the bed.” There was a knife blade and the blade handle on the bed,
which Smith recognized as coming from his kitchen. He called 911.
Des Moines Police Officer Ernesto Escobar responded to the call. His body
camera recorded his entry into the house, where Smith led him to the bedroom.
Elifritz was on the floor at the foot of the bed, covered in blood. When medics
arrived, they administered first aid, but Elifritz died.
Meanwhile, Jackson, Davis, and Austin slept in the downtown skywalk that
night. The next day, they went to Davis’s sister’s house, where police arrested
them.5 Des Moines Police Sergeant Jason Hays testified that the investigation first
led them to McCormick, based on the threatening Snapchat message, but they
3 Davis demonstrated the motion for the jury. The prosecutor later summarized that motion as “two hands clenched together in a downward movement.” 4 On cross-examination, Austin admitted he was drunk that whole day and
conceded his memory was impaired because of the alcohol. 5 At first, neither Austin nor Davis told police the truth. Austin testified he did not
want to be beat up in prison for being a “rat.” 5
determined he was not involved. Still, in jail calls to McCormick, Donovan said his
brother was “at the house to retrieve some property.” When arrested, the three
accomplices had Hartman’s wallet and identification cards. Police also recovered
the backpack with the gaming consoles.
When discussing the attack on Elifritz, crime scene investigator Cody
Brigman said he was operating under the impression that only a bladed weapon
was used in the crime. So, investigators did not look for the pellets that Davis said
he shot. Likewise, the Polk County Medical Examiner documented thirty-nine
“sharp-force injuries” on Elifritz’s body and determined the cause of death was
blood loss but found no injuries consistent with a pellet gun.
In fact, no forensic evidence linked Jackson or his companions to the
stabbing. Investigators did not search for blood in Davis’s car, nor did they test
blood found at the house for DNA. And Jackson was not examined for injuries.
The State charged Jackson with murder in the first degree,6 robbery in the
first degree,7 and burglary in the first degree.8 Austin and Davis testified for the
State. The court admitted Escobar’s body camera recording and a Snapchat video
depicting Jackson with a pellet gun over Jackson’s objections. The jury found
Jackson guilty of the three offenses, and he appeals.
6 A class “A” felony in violation of Iowa Code sections 707.1 and 707.2 (2021). 7 A class “B” felony in violation of Iowa Code sections 711.1 and 711.2. 8 A class “C” felony in violation of Iowa Code sections 713.1 and 713.3. 6
II. Discussion
A. Sufficiency of the Evidence for Three Convictions
Jackson contends the verdicts were not supported by sufficient evidence.
We review his claims for correction of legal error. See State v. Crawford, 974
N.W.2d 510, 516 (Iowa 2022). We consider the proof “in the light most favorable
to the State,” allowing for all reasonable inferences it will support. State v. Sanford,
814 N.W.2d 611, 615 (Iowa 2012) (citation omitted). If a rational jury could find
guilt beyond a reasonable doubt, we affirm. Id. While we consider all the
evidence—exculpatory and inculpatory alike—we are mindful that the jury is “free
to reject certain evidence, and credit other evidence.” Id. (citation omitted).
To prove murder in the first degree, the State had to show:
1. . . . [Jackson] or someone he aided and abetted stabbed Cory Elifritz. 2. Cory Elifritz died as a result of being stabbed. 3. [Jackson] or someone he aided and abetted acted with malice aforethought. 4. (a) [Jackson] or someone he aided and abetted acted willfully, deliberately, premeditatedly and with a specific intent to kill Cory Elifritz or another; or (b) [Jackson] or someone he aided and abetted was participating in the crime of burglary . . . .
The jury was told “‘specific intent’ means not only being aware of doing an act and
doing it voluntarily, but in addition, doing it with a specific purpose in mind.”
Because specific intent is hard to prove directly, the jury was instructed to “consider
the facts and circumstances surrounding the act to determine [Jackson’s] specific
intent” and could “conclude [Jackson] intend[ed] the natural result of his acts.”9
9 The jury was also instructed on transferred intent: 7
Jackson argues that if a “revenge plot” existed, the targets were Smith and
Hartman—not Elifritz, whom he didn’t know. Jackson contends he harbored no
malice toward Elifritz and did not plan to attack him. He also asserts that no one
saw him with a knife.
While Jackson’s points may be true, they do not undermine the first-degree
murder verdict. On the evidence presented, the jury could reasonably find each
element beyond a reasonable doubt. Davis testified he saw a “shadowlike
figure . . . doing a plunger-type motion on the bed” where Elifritz was found
covered in blood. Because Davis saw Jackson head toward the bedroom, the jury
could reasonably infer that he was the “shadowlike figure” on the bed.
To counter that inference, Jackson attacks the credibility of the State’s
witnesses—pointing out that Davis and Austin testified he was motivated by
revenge but purported to receive no benefit themselves from turning against him.
He calls them “unreliable co-conspirators” and decries the dearth of corroborating
physical evidence connecting him to the crime. But sorting whether Davis and
Austin could be believed was for the jury to determine. See State v. Brown, 996
N.W.2d 691, 696 (Iowa 2023). As was weighing the lack of forensic evidence. Id.
As for malice, the court provided this definition: “a state of mind which leads
one to intentionally do a wrongful act to the injury of another out of actual hatred,
Under the doctrine of “transferred intent,” once the intent to inflict harm on one victim is established, the criminal intent transfers to any other victim who is actually assaulted. A party is liable for a wrongful act, where there exists a criminal intent, although the act done is not that which was intended. The wrongful intent to do one act, is transposed to the other, and constitutes the same offense. But in oral argument, the State clarified that it did not rely on transferred intent to make its case. 8
or with an evil or unlawful purpose.” The State may show malice with evidence of
“actual hatred” but also “by proof of a deliberate or fixed intent to do injury.” Here,
the jury could find malice from Jackson’s conduct—stabbing the victim more than
three dozen times. The State did not need to show Jackson devised a plan to kill
Elifritz before the home invasion. As the jury was instructed: “Malice requires only
such deliberation as would make a person appreciate and understand the nature
of the act and its consequences, as distinguished from an act done in the heat of
passion.”
In that same vein, malice aforethought need not exist for any given length
of time. A jury instruction explained that it is “a fixed purpose or design to do some
physical harm to another which exists before the act is committed.” So, a lack of
animosity toward Elifritz before that night did not prevent the jury from concluding
Jackson acted with malice aforethought. The murder weapon was a knife from
Hartman’s kitchen, which Jackson passed through to get to the bedroom. It was
reasonable for the jury to infer that Jackson picked up the knife with the intent to
commit a wrongful act. The jury could also infer that Jackson acted with malice
aforethought as he inflicted nearly forty stab wounds, including an incision deep
enough to penetrate the victim’s heart, as the medical examiner testified.
Another key instruction allowed the jury to infer malice, premeditation, and
specific intent to kill from Jackson’s use of a dangerous weapon. The jury
instructions explained a dangerous weapon is one that is “used in such a way as
to indicate the user intended to inflict death or serious injury and when so used is
capable of inflicting death.” See Iowa Code § 702.7 (explaining “any instrument or
device of any sort whatsoever which is actually used in such a manner as to 9
indicate that the defendant intends to inflict death or serious injury upon the other,
and which, when so used, is capable of inflicting death upon a human being, is a
dangerous weapon). That is how Jackson wielded the knife against Elifritz. See
State v. Serrano, No. 21-1624, 2022 WL 10802513, at *3 (Iowa Ct. App. Oct. 19,
2022). Thus, the State offered substantial evidence to prove premeditated murder.
In the alternative, the jury could have found Jackson committed murder in
the first degree from his participation in the felony of first-degree burglary, which
we will discuss after his robbery challenge.
To convict Jackson of robbery in the first degree, the State had to prove:
1. . . . [Jackson] or someone he aided and abetted had the specific intent to commit a theft. 2. To carry out that intention or to assist him or someone he aided and abetted in escaping from the scene, with or without stolen property, [Jackson] or someone he aided and abetted committed an assault[10] on Cory Elifritz. 3. [Jackson] or someone he aided and abetted purposely inflicted or attempted to inflict a serious injury on Cory Elifritz or was armed with a dangerous weapon.
Jackson contends the State didn’t show he felt vengeful toward or had the specific
intent to injure Elifritz. But the offense of robbery only required the State to show
Jackson had a specific intent to commit a theft. The jury could reasonably
conclude Jackson had that intent when he enlisted Davis and Austin to help him
take items from the house, including the gaming consoles and Hartman’s wallet.
The jury could also conclude Jackson assaulted Elifritz, for the same reasons we
10 The court instructed the jury that an assault occurs when a person does an act
which is intended to cause pain or injury, result in insulting or offensive physical contact, or place the victim in fear of immediate physical contact that would be painful, injurious, insulting, or offensive; and the assailant has the apparent ability to commit that act. 10
affirm the murder verdict. And the jury could reasonably conclude Jackson was
armed with a dangerous weapon, the knife, proving the final element of robbery.
To prove its burglary charge, the State had to show Jackson entered the
Searle Street house “with the specific intent to commit a theft, an assault, or a
felony.” Jackson contests only the specific-intent element. But we have already
decided that the jury could reasonably conclude he had the specific intent to
commit a theft. So substantial evidence supported the burglary verdict too.
Because the State presented ample proof for the challenged elements of
the crimes, we affirm Jackson’s convictions for murder, robbery, and burglary.
B. Evidentiary Challenges
Jackson also disputes two evidentiary rulings. First, he contends the court
improperly allowed the jury to see Officer Escobar’s body camera footage of Elifritz
on the floor—still alive but bleeding to death. Second, Jackson claims the court
should have excluded the Snapchat video showing him holding a pellet gun.
We review these evidentiary rulings for an abuse of discretion. See State
v. Amisi, 997 N.W.2d 683, 688 (Iowa 2023). A district court abuses its discretion
when it bases the ruling on untenable grounds or relies on a faulty application of
the law. State v. Lacey, 968 N.W.2d 792, 805–06 (Iowa 2021). But even if the
district court abused its discretion, we will not reverse if the error was harmless.
State v. Henderson, 696 N.W.2d 5, 10 (Iowa 2005); Iowa R. Evid. 5.103(a) (a party
may claim evidentiary error “only if the error affects a substantial right”).
1. Body camera video of Elifritz’s death
At trial, Jackson objected to the body camera video as irrelevant and unfairly
prejudicial. He reprises those arguments on appeal. 11
We begin with the core rule that relevant evidence is admissible, while
irrelevant evidence is not. Iowa R. Evid. 5.402. Evidence is relevant if “[i]t has any
tendency to make a fact more or less probable than it would be without the
evidence; and . . . [t]he fact is of consequence in determining the action.” Iowa R.
Evid. 5.401. “Whether the necessary minimum level of logical connection between
the offered evidence and the fact to be proven exists is a legal question lying within
the broad discretion of the trial court.” State v. Thompson, 954 N.W.2d 402, 407
(Iowa 2021) (quoting State v. Tracy, 482 N.W.2d 675, 680–81 (Iowa 1992)). And
courts recognize relevance as “a relatively low bar.” State v. Thoren, 970 N.W.2d
611, 622 (Iowa 2022) (citation omitted).
Before trial, the State argued the video was relevant to show the interior of
the house and the victim’s condition. The defense countered that other evidence
would show the crime scene and establish that Elifritz died by stabbing wounds—
a fact they did not dispute—so the video would not make any material fact more
probable. Overruling Jackson’s objection, the court found the video was “material
and relevant evidence regarding the crimes.”
We see no abuse of discretion in that ruling. The footage added to the
likelihood that a jury would find that Austin and Davis were accurate in describing
the layout of the house and that Elifritz died from blood loss. The State cleared
the “low bar” of relevance. See id.
But “[e]ven relevant evidence is inadmissible if its probative value is
substantially outweighed by the danger of unfair prejudice.” State v. Huston, 825
N.W.2d 531, 537 (Iowa 2013) (cleaned up). “The court may exclude relevant
evidence if its probative value is substantially outweighed by a danger of . . . unfair 12
prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or
needlessly presenting cumulative evidence.” Iowa R. Evid. 5.403. In deciding if
evidence is inadmissible under rule 5.403, we consider its probative value and then
weigh that value against the danger of a wrongful effect on the jurors. Huston, 825
N.W.2d at 537. A court should exclude evidence if it has an “undue tendency” to
encourage a decision based on emotions. Id. Jackson has the burden of proving
the court abused its discretion in balancing these factors. See State v. Liggins,
978 N.W.2d 406, 418 (Iowa 2022).
Jackson asserts: “A video and audio recording of a stabbing victim’s last
precious moments of life serves no other purpose, when so much other evidence
is available in the case, other than to appeal to the jury’s sympathies and arouse
their sense of horror.” See State v. Plaster, 424 N.W.2d 226, 231–32 (Iowa 1988).
He rebukes the district court’s reliance on State v. Astello, 602 N.W.2d 190, 197
(Iowa Ct. App. 1999) in weighing the video’s probative value against the prejudicial
impact. Astello unsuccessfully challenged the admissibility of “gruesome
depictions of [the victim’s] charred, decomposing, and maggot-infested remains.”
602 N.W.2d at 197. On appeal, Jackson distinguishes Astello because it involved
photographs and videos of the deceased victim, but it “did not deal with a video of
a person actively dying.” Jackson argues that admitting the video of Elifritz was
unfairly prejudicial to his case and not harmless.
While we appreciate the sensitive nature of the exhibit, Jackson cites no
authority, and we find none, that a different rule applies to the video and audio of
a victim in the final moments of life. The district court did not abuse its discretion 13
in deciding the probative value of the evidence was not substantially outweighed
by the risk of unfair prejudice.
At oral argument, Jackson’s counsel acknowledged that the State
substantially edited the video before trial, alleviating—but not erasing—concerns
about its unfairly prejudicial effect. On our review, we find those edits tipped the
balance toward the video’s probative value. Most of the sixty-five-second clip
shown to the jury features Officer Escobar approaching the house. He enters at
the forty-first-second mark. Smith leads him to the bedroom where the bed,
splashed with bright red blood, is visible for a few seconds. It’s true that Elifritz is
moaning in pain at the foot of the bed. But most of his body is not visible in the
framing of the video. The video shows some blood on the bed and floor around
Elifritz, but the camera does not pan to the splatters of blood around the room.
Meanwhile, other evidence—admitted without objection—does detail the
gruesome scene. For instance, the jury saw about thirty still photographs,
including depictions of the blood-soaked bed, the bloody knife blade and handle,
and blood splatters and smears around the house. The photographs are closer
than the video and give sharper detail. The jury also received almost thirty pictures
of the autopsy cataloguing Elifritz’s many wounds and—admitted with Jackson’s
agreement—the video-recorded testimony of the medical examiner explaining
those photographs for nearly an hour.
The jury also heard the entire 911 call on which Elifritz can be heard yelling
in agony in the last moments of his life. The audible suffering in that exhibit is
greater than what is briefly audible in the body camera video. 14
In that sea of disturbing images and sounds, the chance that the video clip
would influence the jury to decide Jackson’s guilt on an improper basis was small.
See Plaster, 424 N.W.2d at 231–32. And it would not have substantially
outweighed the probative value of the on-scene recording. See Huston, 825
N.W.2d at 537. On this record, we find no abuse of discretion in the court’s ruling.
2. Snapchat video with pellet gun
Jackson also objected to showing the jury the Snapchat video he posted of
himself brandishing a pellet gun accompanied by a song about revenge. The
original video contains written text not visible in the exhibit. The State instead
offered—as a separate exhibit—a still photograph of the part of the video that
includes the written message:
Free my bro #donnyjackson Fuck 12 and them ****** that gave up his location just know I know where you live and I’m slidin all smoke and I’m not playin yall ****** done fucked with the wrong ****** All Smoke
(Edited to remove racial slurs.) The court admitted that exhibit without objection
from Jackson. On appeal, Jackson focuses on the video showing the pellet gun,
not the text, as evidence of a prior bad act.
Generally, evidence of prior bad acts “is not admissible to prove a person’s
character in order to show that on a particular occasion the person acted in
accordance with the character.” Iowa R. Evid. 5.404(b). Yet such evidence may
be offered as proof of “motive, opportunity, intent, preparation, plan, knowledge,
identity, absence of mistake, or lack of accident.” Id. Admissibility rides on three
questions: (1) Was the evidence relevant to a disputed factual issue? (2) Is there 15
clear proof that Jackson engaged in the act? And (3) does the danger of unfair
prejudice substantially outweigh the probative value? Thoren, 970 N.W.2d at 626.
Jackson focuses on the first and third questions, contending that the video
was not relevant to a disputed fact issue because the murder weapon was a knife,
not a pellet gun. He also argues the video confused the jury because Davis
claimed to have shot Elifritz with the pellet gun. Jackson further argues that while
the text suggested a possible motive for him to enter the home, the video only
featured him with a pellet gun.
The State now disputes the applicability of rule 5.404(b)—insisting the video
did not show a bad act. But at trial, the State offered the video and text to suggest
that Jackson was issuing threats, motivated by revenge, which supported the
elements of specific intent and malice aforethought. So, rule 5.404(b) applied.
Still, the district court did not abuse its discretion in admitting the video. It
is relevant to show Jackson in a car with Davis and Austin, corroborating their
testimony. The Snapchat was posted around 11:00 p.m. on October 27, mere
hours before the killing. Granted, the State did not prove the pellet gun Jackson
was holding was the same one Davis allegedly fired. Nor were pellets documented
at the scene or during the autopsy. But the display of the gun, coupled with
Jackson’s threat, bolstered the State’s proof of his motive.
As for the balancing test, we conclude the danger of unfair prejudice did not
overwhelm the video’s probative value. The video gives a glimpse into Jackson’s
conduct before going into the Searle Street house. That glimpse contributes to the
State’s proof of his specific intent and malice aforethought. And the jury was
unlikely to be confused by the pellet gun because Davis testified he was the one 16
who used it at the home, while the murder weapon was the knife. We see no
abuse of discretion in the court admitting the Snapchat video.
Finding substantial evidence of guilt and no evidentiary error, we affirm
Jackson’s convictions.