State v. Bakdash

830 N.W.2d 906, 2013 WL 2149884, 2013 Minn. App. LEXIS 51
CourtCourt of Appeals of Minnesota
DecidedMay 20, 2013
DocketNo. A12-1133
StatusPublished
Cited by7 cases

This text of 830 N.W.2d 906 (State v. Bakdash) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bakdash, 830 N.W.2d 906, 2013 WL 2149884, 2013 Minn. App. LEXIS 51 (Mich. Ct. App. 2013).

Opinion

OPINION

HOOTEN, Judge.

Appellant challenges his convictions of second-degree murder and attempted second-degree murder, arguing that the district court erroneously included the doctrine of transferred intent in the jury instructions, he was denied due process because the indictment was constructively amended when the doctrine of transferred intent was advanced as a theory at trial but not before the grand jury, and the district court erroneously refused to order disclosure of the full grand jury transcript. We affirm.

FACTS

On April 25, 2011, appellant Timothy Ayman Bakdash was charged with one count of second-degree murder in violation of Minn.Stat. § 609.19, subd. 1(1) (2010), for the death of B.V.H. and two counts of second-degree assault in violation of Minn. Stat. § 609.222, subds. 1, 2 (2010) for injuries sustained by S.B. and K.H. On May 19, 2011, appellant was indicted by a grand jury for one count of first-degree murder [910]*910in violation of Minn.Stat. § 609.185(a)(1) (2010) for the death of B.V.H., and two counts of attempted first-degree murder relative to the injuries sustained by S.B. and K.H. The state advanced twelve charges at trial: (1) first-degree murder for the death of B.V.H.; (2) second-degree murder for the death of B.V.H.; (3) second-degree felony murder for the death of B.V.H.; (4) criminal vehicular homicide for the death of B.V.H.; (5) attempted first-degree murder as to S.B.; (6) attempted second-degree murder as to S.B.; (7) second-degree assault as to S.B.; (8) criminal vehicular operation as to S.B.; (9) attempted first-degree murder as to K.H.; (10) attempted second-degree murder as to K.H.; (11) second-degree assault as to K.H.; and (12) criminal vehicular operation as to K.H.

Victim and Witness Testimony

In the early morning of April 15, 2011, just before 2:00 a.m., B.V.H. was with friends in the Dinkytown neighborhood of Minneapolis near the Library Bar, located on the corner of 4th Street Southeast and 13th Avenue Southeast in Minneapolis. At the time, the sidewalks were, crowded, primarily with college-aged students leaving area bars. B.V.H. and a friend, L.F., were walking north on 14th Avenue and turned left, along with approximately ten other people, onto the north sidewalk of 5th Street. On this block, 5th Street is a one-way street with only east-bound traffic.

L.F. heard the sound of an accelerating vehicle from behind. She did not hear anyone fighting or yelling, and she did not hear any horn, brakes, or squealing tires. She turned around and saw a vehicle driving towards the group and stepped onto a dirt patch by the sidewalk to avoid being hit. L.F. attempted to grab B.V.H.’s arm, but the vehicle’s hood hit B.V.H. and carried him forward on the windshield. The vehicle appeared to accelerate, and B.V.H. remained on the vehicle until the corner of 12th Avenue and 5th Street, at which point he “flew off the hood of the car and hit the telephone pole on the corner and then landed in the street.” B.V.H. later died because of blunt force injuries to his brain.

S.B. and K.H., along with their friend J.B., were also walking on the sidewalk north of 5th Street. S.B. was closest to the street, alongside K.H., and heard a vehicle accelerate behind her. K.H. turned towards her, and the next thing she recalled was “waking up on the ground halfway between the boulevard and the sidewalk.” S.B. sustained injuries and was hospitalized. K.H. remembered hearing a vehicle accelerate behind her. She turned to her left, but did not remember anything else until she regained consciousness and woke up on the sidewalk. K.H. also sustained injuries, though not to the extent of S.B.’s injuries. J.B. testified that he did not see the vehicle collide with S.B. and K.H., but heard a vehicle and then fell to the ground seconds later. He saw the vehicle drive back onto the street and away from the scene without slowing down.

A.E. and his friends were also at the location of the incident when he “heard a car coming the wrong way down a one-way.” He “saw some headlights” and then “turned around and there was a car pulling onto the curb.” “[A] few seconds” later, the vehicle made contact with his foot and he ran into the street to avoid the vehicle. He then observed the vehicle accelerate, heard screams,.and eventually saw the vehicle collide with a person before driving away. He did not see the driver. A.E. spoke with police the next day and denied having any prior association with appellant.

Two of A.E.’s friends provided substantially similar testimony. One friend recalled that the vehicle “didn’t look like it was slowing down, so [he] yelled something and ... ran up a grassy hill” as the [911]*911vehicle turned and drove down the sidewalk. He described it as “taking a sharp right hand turn and ... going like kind of fast” without slowing down. He recalled that the vehicle’s speed increased as it drove towards him down the sidewalk, though he did not see it contact A.E. Another friend explained that as they were walking down 5th Street, he heard a scream or a yell, turned toward the scream and saw headlights approach from 20 or 30 feet away at approximately 30 miles per hour. He was able to avoid the vehicle by running run up an embankment, but saw the vehicle hit three people at a point about 10 to 15 feet from where he was standing.

M.D. testified that, on the night of the incident, he accompanied appellant to the Library bar where they each consumed at least nine drinks. Over the course of four and one-half hours, M.D. noticed that appellant became increasingly aggressive by making “karate chops at the bar, but not necessarily towards anybody.” Appellant did not appear angry with anyone and did not appear excessively intoxicated. When they left the bar around 2:00 a.m., M.D. suggested that they hire a taxi, but appellant refused, stating that he had to work that morning and needed his vehicle. As they walked towards appellant’s vehicle, two males, whom they did not know, approached them and asked if they wanted to fight. M.D. had no interest in fighting, but recalled that appellant wanted to fight and appeared angry. Rather than fighting, he and appellant entered appellant’s vehicle, and the two males walked away. Appellant declared that they should have fought.

M.D. testified that appellant turned right out of the lot onto 5th Street, driving west at 30 to 50 miles per hour, and saw the same two males walking “a little bit. off the sidewalk.” Appellant accelerated “pretty much right away” and drove towards the two males despite M.D.’s objections. M.D. testified that the vehicle struck a female and believed that she was carried on the hood, and then collided with a second person. As appellant drove back onto 5th Street, he avoided hitting a tree. Appellant yelled, “They deserved it!” Appellant’s Testimony

Appellant remembered the course of events differently. He testified that he picked up M.D. in his vehicle, smoked marijuana, and drove to the' Library Bar; Appellant drank “between fifteen to twenty drinks and probably about three to five shots.” By the time they left at around 1:50 or 2:00 a.m., appellant was “extremely intoxicated” and “kind of in and out of reality.” Appellant explained that he and M.D. encountered a male, later identified by appellant as A.E., in a blue shirt yelling at them as they walked towards appellant’s vehicle. After M.D. entered the vehicle, this person lightly slapped appellant on both sides of his face. Appellant said that he did not want to fight, entered his vehicle, and rejected M.D.’s suggestion to get a taxi.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. Morris Robert Chie Ryan
Court of Appeals of Minnesota, 2026
Jimmy Rogers Aketachunak v. State of Alaska
563 P.3d 622 (Court of Appeals of Alaska, 2025)
United States v. Michael Matthews
25 F.4th 601 (Eighth Circuit, 2022)
Timothy Ayman Bakdash v. State of Minnesota
Court of Appeals of Minnesota, 2016
State of Minnesota v. Pierre Scott Glass
Court of Appeals of Minnesota, 2015
In the Matter of the WELFARE OF C.J.H., Child
864 N.W.2d 194 (Court of Appeals of Minnesota, 2015)
State of Minnesota v. Antonio Joseph Deluney
Court of Appeals of Minnesota, 2015
State of Minnesota v. Nicholas John Rossiter
Court of Appeals of Minnesota, 2014

Cite This Page — Counsel Stack

Bluebook (online)
830 N.W.2d 906, 2013 WL 2149884, 2013 Minn. App. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bakdash-minnctapp-2013.