State v. Bennis

457 N.W.2d 843, 1990 S.D. LEXIS 81, 1990 WL 79218
CourtSouth Dakota Supreme Court
DecidedJune 13, 1990
Docket16681
StatusPublished
Cited by35 cases

This text of 457 N.W.2d 843 (State v. Bennis) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bennis, 457 N.W.2d 843, 1990 S.D. LEXIS 81, 1990 WL 79218 (S.D. 1990).

Opinions

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Jeffrey A. Bennis (Bennis) was charged with two counts by the Minnehaha County grand jury. Count I charged Murder in the First Degree and Count II charged Manslaughter in the First Degree.

A jury trial was held on March 29 through April 7, 1989, and a verdict of guilty on the charge of First Degree Murder was returned. On April 17, 1989, Ben-nis was sentenced to life in prison without parole.

On appeal Bennis alleges:

(1) That the trial court erred in precluding Bennis from presenting an “intervening cause” defense;

(2) That the trial court erred in admitting into evidence autopsy photographs of the decedent;

(3) That the trial court erred in denying Bennis’ request for a jury instruction on the lesser-included offense of manslaughter in the second degree;

(4) That the trial court erred in denying Bennis' motion for mistrial based upon cumulative rulings of the court; and

(5) That the jury verdict finding Bennis guilty of Murder in the First Degree was “clearly erroneous” and not supported by the evidence.

—Holding—

Rejecting Bennis’ arguments, we affirm this First Degree Murder conviction.

FACTS

On Friday night, November 18, 1988, Bennis contacted the Playmate Escort Service of Sioux Falls, requesting the company of a slender brunette. The Service put him in contact with Kari Loosbrock (Loos-brock), who agreed to meet Bennis at his apartment. An arrangement was made between the Service and Loosbrock to the effect that a telephone check would be made after she arrived at the apartment.

At Bennis’ apartment, Loosbrock agreed to have sex with Bennis at the rate of $80 for 30 minutes. When the one-half hour was over, Bennis wished to continue but Loosbrock demanded more money. Bennis was upset by that request.

According to Bennis, he left his bedroom and went to the apartment’s kitchen where he grabbed a butcher knife, intending to return to the bedroom in order to scare Loosbrock. Bennis returned to the bedroom, holding the knife in front of Loos-brock. She was subsequently stabbed in the chest.

At that point, the Playmate Escort Service called Bennis’ apartment inquiring about Loosbrock. When Bennis answered the phone, the Playmate Escort Service manager, Rita Uti (Uti) heard Loosbrock in the background saying, “No, I am not alright.” Bennis testified that he took Loos-brock into the bathroom to shower Loos-brock's blood off both of them. As Loos-brock laid down in the tub, Bennis began removing bloody mattresses, blankets and clothes from the apartment. More than one trip was made while Loosbrock lay unconscious, bleeding to death, in the bathtub.

At this point, Uti arrived at the apartment. She saw Bennis carrying a bundle out of the back door to the dumpster. Ben-nis told Uti that Loosbrock was in the bathroom. Uti looked into the bathroom and saw the victim laying in the bathtub, which was full of blood. Uti noticed spatters of blood on Bennis that were later identified as Loosbrock’s blood.

Uti called 911 and the police soon arrived on the scene. The officers attempted to [845]*845render emergency first aid assistance to the victim.

At 1:04 a.m., the Sioux Falls ambulance arrived at Bennis’ apartment and remained there for approximately 40 minutes. Upon arrival, the paramedics noticed a great amount of blood. However, the victim was no longer bleeding from the wound. The victim was not breathing and did not have a pulse. The paramedics administered cardiopulmonary resuscitation (CPR). They also attempted to revive the victim by administering the stimulant drug epinneph-rine and giving intravenous lactated ringers solution. After their efforts to stabilize the victim, the paramedics transported Loosbrock to the hospital.

At the hospital, Loosbrock was taken to the operating room and Dr. Fredrick L. Harris, a surgeon, made attempts to save her life. Dr. Harris testified concerning the subclavian vessel, which was cut when Bennis stabbed the victim. He stated: “The bleedout rate from that would be dramatic. So in a period of a minute or two you would have lost enough blood to put the patient in shock.”

Dr. Brad Randall, the Minnehaha County Coroner, testified that the victim, Kari Lo-osbrock, died as a result of a stab wound to the right chest.

After Bennis was arrested, he was overheard telling another inmate in the Minne-haha County jail that “She took it [his money] away and that’s when I kind of got, pissed off and I lost it....”

Bennis was arrested, tried, convicted, and is presently an inmate in the South Dakota State Penitentiary.

DECISION

I. The trial court did not err in rejecting Bennis’intervening cause defense.

Bennis argues to this Court that the trial court erred in rejecting his request to be allowed to present a defense based upon the alleged existence of an intervening cause being the actual cause of victim Lo-osbrock’s death. The trial court noted, and Bennis admits, that the so-called intervening cause defense has never been recognized in South Dakota.

Since the intervening cause defense has never been recognized by this Court and this being a case of first impression, we reply to Bennis’ argument in general by adopting the language of Vice Chief Justice Struckmeyer speaking for the Supreme Court of Arizona in State v. Sauter, 120 Ariz. 222, 585 P.2d 242 (1978). In Sauter, the Arizona Supreme Court held that the trial court properly excluded evidence of intervening medical malpractice where a defendant, while intoxicated and in the course of an altercation, stabbed a victim who, despite surgery, subsequently died from blood loss. The Arizona court held that evidence establishing the wounded victim might have recovered, if the wound had been more skillfully treated, was no defense to a charge of murder. Sauter further states that medical malpractice will break the chain of causation and become the proximate cause of death only if it constitutes the sole cause of death. We think this case correctly summarizes the law relative to intervening acts arising out of medical treatment in the United States. See 100 A.L.R.2d 769, anno. “Homicide; liability where death immediately results from treatment or mistreatment of injury inflicted by the defendant.” See also People v. Stamps, 8 Ill.App.3d 896, 291 N.E.2d 274, 279 (1972); People v. Stewart, 40 N.Y.2d 692, 389 N.Y.S.2d 804, 807, 358 N.E.2d 487, 491 (1976); State v. Cox, 82 Idaho 150, 351 P.2d 472, 475 (1960); State v. Richardson, 197 Wash. 157, 84 P.2d 699, 782 (1938).

In the present case, the alleged medical mistreatment did not break the chain of causation. In homicide cases, the state bears the burden of proving beyond a reasonable doubt that the victim’s death resulted proximately from the defendants act or omission. In Re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970).

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Cite This Page — Counsel Stack

Bluebook (online)
457 N.W.2d 843, 1990 S.D. LEXIS 81, 1990 WL 79218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bennis-sd-1990.