State of Maine v. Roland L. Cummings

2017 ME 143, 166 A.3d 996, 2017 WL 2871514, 2017 Me. LEXIS 151
CourtSupreme Judicial Court of Maine
DecidedJuly 6, 2017
DocketDocket: Ken-16-36
StatusPublished
Cited by16 cases

This text of 2017 ME 143 (State of Maine v. Roland L. Cummings) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Maine v. Roland L. Cummings, 2017 ME 143, 166 A.3d 996, 2017 WL 2871514, 2017 Me. LEXIS 151 (Me. 2017).

Opinion

SAUFLEY, C.J.

[¶ 1] Aurele Fecteau, a ninety-two-year-old retiree living alone in his own home in Waterville, was stabbed to death in his bed during a burglary. Roland L. Cummings was found guilty by a jury of the murder, along with two other crimes. Cummings appeals only from the judgment of conviction of murder entered by the court (Ken-nebec County, Murphy, J.) after a trial in which the State presented the murder charge on alternative theories — intentional or knowing murder and depraved indifference murder. Cummings argues that the evidence was insufficient to support the finding that he was the person who committed the murder, and in the alternative, he argues that, due to the evidence of sixteen stab wounds to Fecteau’s torso, the killing was so certainly a knowing or intentional murder that the jury should not have been instructed on depraved indifference murder. Thus, he contends that the court erred in allowing the State to proceed on alternative theories. We affirm the judgment.

I. BACKGROUND

[¶ 2] Cummings appeals from the judgment of conviction of murder, 17-A M.R.S. § 201(1)(A), (B) (2016). He does not challenge his additional convictions of burglary of a dwelling (Class B), 17-A M.R.S. § 401(1)(A), (B)(4) (2016), and theft by unauthorized taking or transfer (Class C), 17-A M.R.S. § 353(1)(A), (B)(6) (2016).

[¶ 3] When the evidence is viewed in the light most favorable to the State, the jury could rationally have found the following facts beyond a reasonable doubt with respect to the murder conviction. See State v. Maine, 2017 ME 25, ¶¶ 2, 28, 155 A.3d 871. On May 21, 2014, Cummings forced his way into Fecteau’s home. Cummings knew Fecteau, who was the father of one of his friends. Cummings stabbed Fecteau sixteen times in the torso, causing his death; took money and jewelry; and fled. That night, Cummings sold two pieces of the stolen jewelry and used a $100 bill stolen from Fecteau to,purchase drugs. He also paid a debt to an acquaintance for drugs using half-dollar coins stolen from Fec-teau’s home.

[¶ 4] One of Fecteau’s sons, after unsuccessfully trying to reach his father by phone on May 22 and 23, went to his father’s house on May 23. He discovered his father’s body, and the police began an investigation.

[¶ 5] In June 2014, Cummings was charged by complaint with a single count of murder alleging intentional or knowing murder or depraved indifference murder. See 17-A M.R.S. § 201(1)(A), (B). Later that month, he was charged by indictment with murder, id.; burglary of a dwelling (Class B), id. § 401(1)(A), (B)(4); burglary (Class B), 17-A M.R.S. § 401(1)(A), (B)(2) (2016); and theft (Class C), id. § 353(1)(A), (B)(6).

[¶ 6] The court held a six-day jury trial from November 12 to 19, 2015. The State’s case included testimony from a Maine Crime Lab DNA analyst, who found Cummings’s DNA on the out-turned pockets of Fecteau’s pants and on one of the rings stolen from Fecteau. After the State presented its case, Cummings unsuccessfully moved for a judgment of acquittal on' all *999 counts. See M.R.U. Crim. P. 29(a). Cummings presented additional evidence but did not testify. With the State’s consent, the court acquitted Cummings of the second burglary count.

[¶ 7] Before the court instructed the jury, Cummings objected to the proposed jury instructions on murder, arguing that the evidence could not support a finding of depraved indifference, and he again moved for a judgment of acquittal. The court overruled the objection and denied the motion.

[¶8] The State and Cummings offered closing arguments, after which the court delivered instructions to the jury orally and in writing. With respect to the murder charge, the court instructed on the alternative theories of intentional or knowing murder and depraved indifference murder.

[¶ 9] The jury found Cummings guilty of murder, burglary of a dwelling, and theft. Cummings moved for a new trial, and the court denied his motion. See M.R.U. Crim. P. 33.

[¶ 10] After a sentencing hearing, the court sentenced Cummings to life imprisonment for murder, ten years’ imprisonment for burglary, and two years’ imprisonment for theft, with the burglary and theft sentences to be served concurrently with the murder sentence. The court ordered Cummings to pay $4,500 to the Victims’ Compensation Fund to reimburse the fund for a portion of the Fecteau family’s funeral expenses. Cummings appealed from the judgment of conviction of murder and applied for review of his sentence. See 15 M.R.S. §§ 2115, 2151 (2016); 1 M.R. App. P. 2, 20. The Sentence Review Panel denied his application for sentence review. State v. Cummings, No. SRP-16-37 (Me. Sent. Rev. Panel Mar. 29, 2016); see 15 M.R.S. § 2152 (2016); M.R. App. P. 20(f). We now consider Cummings’s appeal.

II. DISCUSSION

A. Sufficiency of the Evidence that Cummings Killed Fecteau

[¶ 11] Cummings first argues that there was insufficient evidence for the jury to find him guilty of murder because his DNA was found only on a stolen ring and on the pockets of pants recovered from Fecteau’s apartment — not on Fecteau’s body — and his possession of stolen items cannot establish that he killed Fecteau.

[¶ 12] “When reviewing a judgment for sufficiency of the evidence, we view the evidence in the light most favorable to the State [to] determin[e] whether the fact-finder could rationally have found each element of the offense beyond a reasonable doubt.” Maine, 2017 ME 25, ¶ 28, 155 A.3d 871 (alterations in original) (quotation marks omitted). We defer to all credibility determinations and reasonable inferences drawn by the fact-finder, “even if those inferences are contradicted by parts of the direct evidence.” Id. (quotation marks omitted).

[¶ 13] Relevant here, a “person is guilty of murder if the person: A. Intentionally or knowingly causes the death of another human being; [or] B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of another human being.” 17-A M.R.S. § 201(1).

[¶ 14] On the record presented, there is more than sufficient evidence from which the jury rationally could find, based on reasonable inferences drawn from circumstantial and DNA evidence connecting *1000 Cummings with the murder and burglary, that Cummings was the person who caused Fecteau’s death. See 17-A M.R.S. §§ 35(1)(A), (2)(A), 201(1)(A) (2016); Maine, 2017 ME 25, ¶ 28, 155 A.3d 871; see also State v. Belhumeur, 2015 ME 150, ¶ 6, 128 A.3d 646 (stating that the same standard of review is applied whether the evidence is. circumstantial or direct). The remaining question is whether depraved indifference murder was properly submitted to the jury as an alternative to intentional or knowing murder.

B. Alternative Charge of Depraved Indifference Murder

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Bluebook (online)
2017 ME 143, 166 A.3d 996, 2017 WL 2871514, 2017 Me. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maine-v-roland-l-cummings-me-2017.