State of West Virginia v. Curtis Joseph Kimble

759 S.E.2d 171, 233 W. Va. 428, 2014 WL 902490, 2014 W. Va. LEXIS 164
CourtWest Virginia Supreme Court
DecidedMarch 6, 2014
Docket13-0144
StatusPublished
Cited by4 cases

This text of 759 S.E.2d 171 (State of West Virginia v. Curtis Joseph Kimble) 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
State of West Virginia v. Curtis Joseph Kimble, 759 S.E.2d 171, 233 W. Va. 428, 2014 WL 902490, 2014 W. Va. LEXIS 164 (W. Va. 2014).

Opinions

PER CURIAM:

The petitioner herein and defendant below, Curtis Joseph Kimble, appeals the January 16, 2013, order of the Circuit Court of Mason County sentencing him to a five-year term of imprisonment for his jury conviction of one count of wanton endangerment.1 In this appeal, the petitioner contends that the circuit court erred by denying his motions to suppress certain evidence. Upon consideration of the parties’ briefs, oral argument and the submitted record, as well as the applicable authorities, this Court finds no error and affirms the final order.

I. Factual and Procedural Background

On November 12, 2011, at 3:39 p.m., Daniel Granger called 911 and reported that shots had been fired at his vehicle as he was driving in the area of Poindexter Road and Ashton Upland Road2 in Mason County, West Virginia. Mr. Granger described the perpetrator as a shirtless male wearing jeans and a black hat. Deputies C.A. Rhodes and R.A. Wilson of the Mason County Sheriffs Department responded to the call. They immediately went to the home of the petitioner, which is located at the intersection of the roads where the shooting occurred. Deputy Wilson had previously responded to reports of the petitioner shooting guns near his residence.3

Upon arrival at the petitioner’s residence, Deputy Wilson announced that he was from the Sheriffs Department, pulled his gun,4 and ordered the petitioner out of his home. The petitioner was told to lie on the ground, and after doing so, he was placed in handcuffs. At the time, the petitioner was wearing a shirt and blue jeans, but no hat. Deputy Wilson asked the petitioner where the shotgun was and the petitioner replied that it was just inside the front door. Deputy Wilson entered the petitioner’s home, secured the shotgun,5 and unloaded the weapon. Deputy Wilson then went back into the house and removed a black hat. Thereafter, the deputies placed the petitioner in the back of a police cruiser and drove him to Mr. Granger’s residence. While the petitioner was sitting in the back of the police ear, he was identified by Mr. Granger as the person who had fired shots at him.

The petitioner was indicted on one count of wanton endangerment in connection with the shooting incident. Prior to his trial, the petitioner filed motions to suppress the following evidence: the statement by Deputy Wilson inquiring about the location of the gun and [432]*432the petitioner’s response; the H & R single shot, twelve gauge shotgun and the black hat seized from the petitioner’s residence; and the out-of-court identification of the petitioner made by the victim. At the end of the suppression hearing, the court denied the motions except with regard to the black hat.6 However, immediately prior to the start of the petitioner’s trial, the court further ruled that the verbal exchange between Deputy Wilson and the petitioner concerning the location of the shotgun was inadmissible hearsay.7

The petitioner’s jury trial was held on June 12, 2012, and he was found guilty of one count of wanton endangerment. He was sentenced to five years in prison, and this appeal followed.

II. Standard of Review

In syllabus point one of State v. Lacy, 196 W.Va. 104, 468 S.E.2d 719 (1996), this Court explained that

[w]hen reviewing a ruling on a motion to suppress, an appellate court should construe all facts in the light most favorable to the State, as it was the prevailing party below. Because of the highly fact-specific nature of a motion to suppress, particular deference is given to the findings of the circuit court because it had the opportunity to observe the witnesses and to hear testimony on the issues. Therefore, the circuit court’s factual findings are reviewed for clear error.

This Court further held in syllabus point two of Lacy that

[i]n contrast to a review of the circuit court’s factual findings, the ultimate determination as to whether a search or seizure was reasonable under the Fourth Amendment to the United States Constitution and Section 6 of Article III of the West Virginia Constitution is a question of law that is reviewed de novo. Similarly, an appellate court reviews de novo whether a search warrant was too broad. Thus, a circuit court’s denial of a motion to suppress evidence will be affirmed unless it is unsupported by substantial evidence, based on an erroneous interpretation of the law, or, based on the entire record, it is clear that a mistake has been made.

196 W.Va. at 107, 468 S.E.2d at 722. With these standards in mind, we consider the parties’ arguments.

III. Discussion

The petitioner raises two assignments of error. Each alleged error will be discussed, in turn, below.

A. Denial of Motion to Suppress the Shotgun

The petitioner argues that the shotgun taken from his residence should not have been admitted into evidence at his trial because he was subjected to an unlawful arrest and an unreasonable search and seizure. In support of his argument, the petitioner relies upon this Court’s holdings in State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974). In syllabus point six of Thomas, this Court stated that “[ejvidenee obtained as a result of a seai’ch incident to an unlawful arrest cannot be introduced against the accused upon his trial.” Id. at 641, 203 S.E.2d at 448. This Court further held in Thomas that “ ‘[e]xcept where authorized by law as incident to a lawful arrest, any search of a person or his dwelling on mere suspicion and the seizure of any article found as a result thereof, without an arrest warrant or a search warrant, is an unlawful search and seizure in violation of Section 6, Article 3 of the Constitution of West Virginia.’ Syllabus Point 1, State v. Smith, [156] W.Va. [385], 193 S.E.2d 550 (1972).” 157 W.Va. at 640-41, 203 S.E.2d at 448, syl. pt. 5. The petitioner maintains that he was under arrest the moment the deputies put him in handcuffs and that the deputies had no probable cause to believe that he had committed the alleged offense at that time because he was not identified by name as the perpetrator during the 911 call and there were at least three other houses in the vicinity of where the shooting occurred.

[433]*433Conversely, the State contends that the petitioner was not arrested until the shotgun was retrieved from his residence. The State says that given the nature of the alleged offense, the deputies detained the petitioner as a safety precaution and further conducted a search based on their belief that a dangerous weapon was present and posed a threat to themselves as well as anyone else who might have been in the area at that time. In other words, the State argues that exigent circumstances, or more particularly, the emergency exception to the warrant requirement, applies in this instance. We agree.

In syllabus point twenty of State v. Ladd, 210 W.Va. 413, 557 S.E.2d 820

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Bluebook (online)
759 S.E.2d 171, 233 W. Va. 428, 2014 WL 902490, 2014 W. Va. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-west-virginia-v-curtis-joseph-kimble-wva-2014.