State v. Bunda

419 S.E.2d 457, 187 W. Va. 389, 1992 W. Va. LEXIS 77
CourtWest Virginia Supreme Court
DecidedMay 29, 1992
DocketNo. 20462
StatusPublished
Cited by2 cases

This text of 419 S.E.2d 457 (State v. Bunda) 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 v. Bunda, 419 S.E.2d 457, 187 W. Va. 389, 1992 W. Va. LEXIS 77 (W. Va. 1992).

Opinion

PER CURIAM:

The defendants, Joseph E. Bunda and Ricky C. DeVault, were both convicted on six counts of arson by jury verdict in the Circuit Court of Monongalia County. Upon appeal, the defendants submit that the trial court committed reversible error when it (1) admitted evidence of other crimes and prior convictions of the defendants, and (2) permitted the testimony of two Pennsylvania state troopers as to oral confessions made by the defendants. Upon a careful review of the record and the applicable law, we find that the trial court did not err and therefore we affirm the jury verdicts.

This case arises from a series of six arsons which occurred on the evening of January 18, 1987. Five summer homes in close proximity along Cheat Lake in Mo-nongalia County suffered almost total destruction. Signs of forced entry to a sixth house were obvious and a fire was set, but it did not spread beyond a small area. A witness to the fires testified that a person was running from house to house carrying an object that was aflame as the homes caught fire.1

Prior to the Cheat Lake arsons, police and fire investigators from Monongalia County and Preston County, along with their counterparts in nearby Pennsylvania and Maryland counties, conducted a meeting to discuss a rash of burglaries and arsons to summer homes located near lakes in their respective jurisdictions. The various investigatory agencies agreed to share information and pool resources because, although the crimes occurred in different jurisdictions, they were of such a similar nature to warrant the suspicion that they were perpetrated by the same individual or individuals.

On March 3, 1987, several burglary-ar-sons occurred to summer lake homes in Fayette and Somerset counties, Pennsylvania. Two Pennsylvania state troopers inde[392]*392pendently received information 2 that a car matching the description and registration number of a car belonging to defendant Bunda was seen in the area and at the time of the March 3,1987 crimes. On the morning of March 10, 1987, the two officers, Troopers Charles Goldstrum and Edward Hostetler, visited defendant Bunda at his residence. They explained to Mr. Bunda the purpose of their visit and requested to see his vehicle. Mr. Bunda agreed. After allowing the officers to view his vehicle, Mr. Bunda admitted his involvement in the March 3, 1987 crimes and other, earlier arson-burglaries to summer lake houses. After notifying Mr. Bunda of his Miranda rights, the officers asked him if he was willing to waive those rights and explain in more detail his involvement. Mr. Bunda agreed. Bunda signed a standard “waiver of rights” form,3 and agreed to accompany the officers on a drive to point out the various locations of his arson-burglary crimes.

Defendant Bunda thereafter informed the officers that he had not acted alone in the crimes and that defendant DeVault participated as well. In response to questioning by Trooper Goldstrum, Bunda also admitted that he and DeVault had been responsible for the Cheat Lake fires of January 18, 1987, as well as many similar crimes in Fayette and Somerset counties of Pennsylvania.

After spending several hours driving to the scenes of various crimes in Pennsylvania, the officers and Mr. Bunda visited Mr. DeVault at his place of employment. After the officers explained the purpose of their visit, and Mr. Bunda informed Mr. DeVault of what Bunda had already admitted to them, DeVault also confessed his involvement in the burglary-arsons.

The officers explained the “Miranda” rights to Mr. DeVault and asked him if he was willing to waive them. DeVault agreed to waive his rights and signed a standard “waiver of rights” form.4 He also agreed to accompany the officers and Bunda as they continued to locate various crime sites. During the course of their [393]*393search, DeVault also admitted his involvement in the six arsons at Cheat Lake.5

In response to questioning by the officers, both Bunda and DeVault recalled the exact number of fires set at Cheat Lake (specifically, DeVault admitted setting two of the six fires and Bunda admitted setting four). They recalled that one of the six fires failed to spread. They further recalled that the incidents occurred on a dead-end road, and both feared they would be identified leaving the scene because of the lone escape route. The details provided by the defendants matched the conditions of the crime scene. Neither officer had been aware of the details of the Cheat Lake arsons prior to the defendants’ confessions.

After observing the crime sites in Pennsylvania, the defendants gave tape recorded confessions to the officers. The tape recorded confessions made no mention of the Cheat Lake fires. While recording the confessions, the officers did not question the defendants as to the Cheat Lake fires because they were unfamiliar with the details of the Cheat Lake crimes and wanted the investigating officer from West Virginia to perform the questioning. However, prior to the arrival of the investigating officer from West Virginia, the defendants chose to exercise their right to remain silent. They thereafter refused to discuss the Cheat Lake fires.

The defendants were arrested in Pennsylvania. In Fayette County, Bunda chose to plead guilty to eighteen counts of burglary and DeVault plead guilty to fifteen counts of burglary. Both defendants plead guilty to three counts of burglary, four counts of arson and four counts of criminal trespass in Somerset county.6

Appellants were also indicted on six counts of first degree arson in Monongalia County, West Virginia. At trial, the Circuit Court of Monongalia County permitted testimony by the Pennsylvania state troopers concerning the defendants’ confessions and the guilty pleas of the defendants to the Pennsylvania crimes. The defendants objected to the admission of all such testimony, but their objections were overruled. Both defendants were found guilty on all six counts of first degree arson by jury verdict on July 24, 1990.

By order entered January 2, 1991, the defendants were each sentenced to imprisonment for two to twenty years on Count I to run consecutive with the sentences imposed by the Commonwealth of Pennsylvania. Defendants were sentenced to imprisonment for two to twenty years on Count II to run consecutive to Count I. On Counts II through VI, defendants were sentenced to imprisonment for two to twenty years on each count, to run concurrently with Count II. This appeal followed.

The defendants’ first contention is that the trial court committed reversible error by admitting evidence of other crimes and prior convictions pursuant to Rules 402, 403 and 404(b) of the W. Va.R.Evid.’7

[394]*394Counsel for the defendants argue that the trial court ruled that the evidence of other crimes was “improper” but nonetheless permitted the evidence and instructed the jury with the language of Rule 404(b).8 A review of the record shows that the trial court actually ruled that, “I’m going to allow the State to introduce evidence of other crimes and other bad acts, or crimes under 404(b).” Furthermore, at defense counsel’s request, the jury was instructed as to the purposes for which the other crimes evidence under Rule 404(b) was offered prior to presentation of that testimony. The trial court instructed the jury that:

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State of West Virginia v. Charles Edward Bruffey
745 S.E.2d 540 (West Virginia Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
419 S.E.2d 457, 187 W. Va. 389, 1992 W. Va. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bunda-wva-1992.