State v. Bergeron

452 N.W.2d 918, 1990 Minn. LEXIS 83, 1990 WL 29843
CourtSupreme Court of Minnesota
DecidedMarch 23, 1990
DocketC9-89-1241
StatusPublished
Cited by26 cases

This text of 452 N.W.2d 918 (State v. Bergeron) is published on Counsel Stack Legal Research, covering Supreme Court 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. Bergeron, 452 N.W.2d 918, 1990 Minn. LEXIS 83, 1990 WL 29843 (Mich. 1990).

Opinion

WAHL, Justice.

Joseph John Bergeron appeals his conviction for murder in the first degree in violation of Minnesota Statutes § 609.185(3) (1988), intentional murder while committing or attempting to commit a burglary. The conviction arose from the stabbing death of Thomas Berger. After a jury trial, defendant was sentenced to life imprisonment. Before this court he argues that the trial court erred in admitting a so-called dying declaration, that there was insufficient evidence to show that he committed a burglary or that he acted with intent to kill, and that the trial court erred in excluding testimony from defendant concerning his intent when he entered Berger’s home. We affirm the conviction.

*920 At 1:35 a.m. on September 15, 1988, police officer Donald Brown responded to an emergency telephone call that there had been a shooting at 3542 Irving Avenue North, Minneapolis. Brown entered the first floor apartment and found Thomas Berger, bleeding profusely from a wound under his rib cage, lying in a pool of blood. Before the paramedics arrived, Brown asked Berger “Who did this to you?” Ber-ger said “Joe.” Brown said “Who’s Joe?” and Berger said “Joe Bergeron, Bergeron shot me.” Another police officer at the scene, attempting to stem the flow of blood, asked, “Who shot you?” and received the same answer. Berger was panicking because he could not breathe. When he said, “I’m dying, aren’t I?,” the paramedic replied, “Well, you’re not doing real good.” The paramedic could not insert an i.v. in Berger on the way to the hospital because Berger’s body was “shutting down” and when Berger said he was going to die, the paramedic replied, “Let’s get you to the hospital.”

Berger bled to death of eight stab wounds. The last stab wound had severed his spinal cord and probably resulted in immediate paralysis. A small tip of a knife blade was found in Berger's vertebra. The stab wounds and the knife tip were found by the coroner to be “consistent with” the single-bladed knife with a broken tip to which Billy Lyman, one of the two minor accomplices, led police officers, a few hours after the stabbing.

The police arrested defendant on the basis of Berger’s statement before his death and on Berger’s description of the defendant as the brother of his girlfriend Chris Bergeron. Berger had given the police officer who rode with him in the ambulance Chris Bergeron’s telephone number and asked that she be contacted. At Chris Ber-geron’s apartment, the police found defendant lying in front of the television sleeping. Also sleeping on the floor was Chad Knight, 15 years old. Both men were placed under arrest and read their Miranda rights. Defendant had a scratch on his neck. A third suspect apprehended running from the Bergeron apartment was later identified as Billy Lyman, also a minor, 16 years old. Lyman had an injured wrist.

At the Bergeron apartment, the police found bloody clothing on top of a heating duct in the basement, and a leather jacket with torn electrical cord in it. At Berger’s home, police officers recovered the slashed screen of a basement window and, from Berger’s bedroom, pieces of a broken puka shell necklace later identified as belonging to defendant. In Berger’s bedroom police also found a mirror with some white powder on it and a 9-millimeter semi-automatic pistol in the dresser.

Defendant told four stories to the police regarding his involvement in the death of Berger. After being read his Miranda warning, defendant told his arresting officer that he didn’t know anything about the stabbing. Later, defendant told Brown that his sister and Berger had gotten into a fight earlier in the evening at Berger’s house. He said that his sister had gone home and that a few hours later he and Chad Knight went to Berger’s house. Defendant said that Berger told them to leave because he had to go to work the next morning. Defendant initially said that he went home, threw up and then fell asleep oh the floor.

In yet a third statement, after the police told defendant a shell necklace belonging to him was found in Berger’s bedroom, defendant repeated his second story but admitted returning to the house a second time.' Defendant testified that he had been drinking heavily all evening. 1 He said that the second time he went to Berger’s house, he went inside, then turned around and left. As he was leaving, he noticed that Knight and Lyman were not with him. He went back inside and found Knight and Lyman in Berger’s bedroom. Berger woke up and a fight ensued. Eventually, all three ran out, and along the way Bergeron *921 was handed a knife, which he stuck in the ground between two houses. He said they all went to Bergeron’s house where he noticed Lyman had a cut; he helped care for the cut, then they all went to bed.

At trial, defendant told a different version of what happened. Defendant testified that on the evening before the stabbing incident, he struck a deal with Berger to sell him a gun for $100.00 plus a gram of cocaine. Berger paid $100 and took the gun, promising the cocaine later. He said he went to Berger’s house with Knight and Lyman about 10:30 p.m. to pick up the cocaine. They knocked on the back door and Berger answered it. Defendant testified that Berger was angry with defendant for bringing Knight and Lyman and he told defendant he did not have the cocaine and to come Uhck later.

Defendant, Knight and Lyman went back to Chris’ apartment and returned to Ber-ger’s house around 1:00 or 1:30 a.m. Defendant testified that the back door was still open and he went inside alone to Ber-ger’s apartment in order to pick up the cocaine. Defendant said he knocked on the door the second time and went inside the house to Berger’s bedroom. He had told Knight and Lyman to wait outside. Berger cut some lines of cocaine and the two snorted it. Somehow, defendant testified, Knight and Lyman entered the house, and came into the bedroom. Defendant said that Berger became very angry because he thought that defendant was “setting him up.” Defendant said that Berger started “swinging” and came after him; defendant hit back and the next thing he knew Lyman and Knight joined the fracas. Defendant said that he tried to run out of the apartment after he saw that Berger was bleeding. He said that after a few minutes they all ran from the house and as they were running away, he saw that Knight had a knife gripped in his hand. He took the knife from Knight and jammed it into the dirt in between two houses. Then they all went home and went to sleep.

Chad Knight pled guilty as an adult to burglary, and guilty as a minor to first degree murder. His probation, drug treatment and jail time were conditioned on his testifying at defendant’s trial. 2 Knight testified that he, Lyman, defendant and Chris Bergeron had been drinking all day. At approximately 7:30 or 8:00 p.m., Berger came to Chris Bergeron’s house and defendant offered to sell Berger a 9-millimeter gun for $100.00. Berger gave defendant the money and took the gun. Berger and Chris Bergeron went out for a drink, then Chris returned, mad at Berger. Knight said that the parties continued to drink, and he thought that at around 11:30 or 12:00, defendant said that they were going to go back to Berger’s house to get the gun back.

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Cite This Page — Counsel Stack

Bluebook (online)
452 N.W.2d 918, 1990 Minn. LEXIS 83, 1990 WL 29843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bergeron-minn-1990.