State v. Coleman

2015 SD 48, 865 N.W.2d 848, 2015 S.D. LEXIS 84, 2015 WL 3777714
CourtSouth Dakota Supreme Court
DecidedJune 17, 2015
Docket27079
StatusPublished
Cited by3 cases

This text of 2015 SD 48 (State v. Coleman) 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. Coleman, 2015 SD 48, 865 N.W.2d 848, 2015 S.D. LEXIS 84, 2015 WL 3777714 (S.D. 2015).

Opinion

KERN, Justice.

[¶ 1.] In the early morning hours of October 17, 2012, Rachel Lee Coleman, age 26, was involved in a high-speed pursuit in Sioux Falls, South Dakota. Law enforcement eventually apprehended Coleman, but not before she crashed into a storefront, was shot by officers, and inflicted life-threatening injuries on a highway patrolman. Coleman pleaded guilty to driving under the influence (DUI) and aggravated assault against a law enforcement officer and admitted to the part II infor-mations filed for both offenses. For the aggravated assault conviction, Coleman received a sentence of 50 years with 10 years suspended and 5 years for the DUI-fourth offense with 2.5 years suspended to be served consecutively for a total term of 42.5 years. On appeal, Coleman contends her sentence is grossly disproportionate to her crime in violation of the Eighth Amendment. We affirm.

Background

[¶ 2.] At approximately 2:30 a.m. on October 17, 2012, in Sioux Falls, a Chevy Malibu drew the attention of Highway Patrolman Andrew Steen. The driver of the Malibu stopped at an intersection during a green light, sat through a red light cycle, and then began moving once the light turned green. Trooper Steen attempted to stop the vehicle, but the driver, later identified as Coleman, refused to heed the officer, and a high speed pursuit ensued throughout the city. Trooper Steen and other law enforcement officers pursued Coleman for about 20 minutes with lights and sirens activated. Eventually, law enforcement chased Coleman to the parking lot of The Bridges strip mall.

[¶ 3.] Once in the parking lot, law enforcement tried to encircle Coleman’s Malibu to prevent her escape. To that end, law enforcement struck Coleman’s Malibu several times from different angles, caus *850 ing it to spin in different directions. Trooper Steen exited the vehicle, positioned himself directly in Coleman’s path, and directed her to get out of her car. Coleman shifted her vehicle from reverse and accelerated directly at Trooper Steen. Considering himself in mortal danger, Trooper Steen fired one round at Coleman, which penetrated the windshield and struck Coleman in the right arm. 1

[¶ 4.] Injured but still refusing to stop, Coleman tried to drive away. Coleman’s Malibu collided with Trooper Steen’s patrol car, bounced off another patrol car, and eventually smashed into a storefront. Another patrol car, hoping to disable Coleman’s vehicle, struck the back of her Malibu, causing it to turn parallel with the storefront. Trooper Steen positioned himself in front of Coleman’s Malibu and ordered her out of the car. Coleman shifted into drive and accelerated her vehicle directly towards Trooper Steen at such a rate that she left black marks on the pavement. Coleman struck Trooper Steen, throwing him onto the hood of her Malibu. Trooper Steen travelled on the hood for approximately thirty yards before falling off and striking his head on the pavement. Coleman ran over Trooper Steen’s ankle as she drove away. Coleman exited The Bridges’ parking lot, and the pursuit resumed. Law enforcement apprehended Coleman several minutes later when she stopped her vehicle and attempted to flee on foot. Coleman’s blood alcohol content was approximately 0.26% at the time of her arrest.

[¶ 5.] As a result of the incident, Trooper Steen received life-threatening injuries, including multiple skull fractures, a traumatic brain injury, and a broken ankle. Doctors placed Trooper Steen in a medically induced coma and removed a portion of his skull to allow for brain swelling. Trooper Steen spent two months in the hospital recovering from his injuries. The traumatic brain injury caused Trooper Steen to permanently lose his senses of taste, smell, and hearing in one ear. He continues to have additional problems with fine motor control, equilibrium, mobility, and stress fractures in his ankle and may never fully recover.

[¶ 6.] On November 5, 2012, a Lincoln County Grand Jury returned an eight-count indictment charging Coleman with attempted first-degree murder, three alternative counts of aggravated assault against a law enforcement officer, hit and run accident resulting in death or injury, and aggravated eluding. On February 11, 2013, a superseding indictment was filed, which added two counts of DUI (charged in the alternative). Ultimately, Coleman, pursuant to a plea bargain agreement, pleaded guilty to count 2, aggravated assault of a law enforcement officer, and count 9, DUI. Coleman also admitted to the part II information alleging that she had been convicted of three prior DUI offenses in the last ten years. She also admitted the second part II information alleging that she had been convicted of a prior nonviolent felony. The State agreed to dismiss the remaining charges and recommend a sentence of no more than 42.5 years.

[¶ 7.] At the sentencing hearing, the circuit court considered both mitigating and aggravating factors surrounding the offense. Trooper Steen and several of his family members testified about the impact of Trooper Steen’s injuries on the activities of his daily life. They also made recommendations to the court regarding an appropriate sentence. The State argued that the severity of Trooper Steen’s injuries, Coleman’s intoxication, her conduct during *851 the incident, and other aggravating factors weighed heavily in favor of the maximum sentence. Coleman testified on her own behalf and told the court that she had a history of sexual abuse, an addiction to alcohol, severe depression, and other mental health issues. She also expressed her remorse and apologized to Trooper Steen and his family. She emphasized to the court that she was capable of rehabilitation.

[¶ 8.] Coleman’s counsel argued that a sentence of 42.5 years would be-excessive considering Coleman’s nonviolent criminal history and degree of intoxication at the time of the offense. In support of her argument, Coleman provided the circuit court with a Sentence Comparison Synopsis, summarizing sentences received by different offenders statewide for the offense of aggravated assault against a law enforcement officer. Coleman analyzed the ten most serious sentences received by defendants, focusing on the nature of the offenses and the defendants’ prior criminal histories. Coleman’s counsel noted that if the court imposed a maximum 55-year sentence, with 12.5 years suspended as requested by the State, it would be the second longest sentence in the history of South Dakota for this type of crime. Coleman’s counsel argued that the circumstances of this case did not warrant a sentence of this magnitude when compared to the cases in the Synopsis.

[¶ 9.] After listening to the evidence, the circuit court acknowledged that it must examine all of the facts surrounding the case and that every case is unique. The court also indicated that it had read and examined the Presentence Investigation Report, which contained Coleman’s background and history. The court stated:

Primarily, I look at the crime that has been convicted in front of me; I look at the history and background of the defendant; the prospects of rehabilitation; I look at the impact on the victim; and, first and foremost, as I have often said in court in front of a defendant, as a [j]udge, I look at my first job as a judge and that is safety and protection of the community.

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Related

State v. Ainsworth
2016 SD 40 (South Dakota Supreme Court, 2016)
State v. McCahren
2016 SD 34 (South Dakota Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2015 SD 48, 865 N.W.2d 848, 2015 S.D. LEXIS 84, 2015 WL 3777714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-sd-2015.