State v. Fairley

859 A.2d 605, 85 Conn. App. 882, 2004 Conn. App. LEXIS 473
CourtConnecticut Appellate Court
DecidedNovember 9, 2004
DocketAC 24028
StatusPublished
Cited by2 cases

This text of 859 A.2d 605 (State v. Fairley) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fairley, 859 A.2d 605, 85 Conn. App. 882, 2004 Conn. App. LEXIS 473 (Colo. Ct. App. 2004).

Opinion

[883]*883 Opinion

HENNESSY, J.

The defendant, Andre S. Fairley, appeals from the judgment of conviction, rendered after a jury trial, of two counts of arson in the second degree in violation of General Statutes § 53a-112 (a) (1) (A),1 one count of ar son in the third degree in violation of General Statutes § 53a-113 (a),2 one count of criminal mischief in the first degree in violation of General Statutes § 53a-115 (a) (l)3 and two counts of criminal mischief in the third degree in violation of General Statutes § 53a-117 (a) (1) (A).4 On appeal, the defendant claims that there was insufficient evidence adduced at trial to prove beyond a reasonable doubt that he aided in the commission of the crimes.5 We conclude that there was sufficient evidence and, accordingly, affirm the judgment of the trial court.

On the basis of the evidence presented at trial and the reasonable inferences drawn therefrom, the jury reasonably could have found the following facts. On [884]*884November 17,2000, the defendant drove Michael DePas-quale and Corey Ferguson to Crown Billiards in Groton to meet a group of nine friends. After an altercation at the pool hall, the group split up and drove away in three cars. One of the individuals in the car carrying DePasquale saw Kevin McConkey, an individual with whom the group had had a previous argument, and the DePasquale car began to chase him.6 During the chase, there was a collision involving the vehicle of one of the defendant’s friends7 and McConkey’s car. Following the collision, one of the defendant’s friends got out of his car and chased McConkey. McConkey hit the defendant’s friend with his car and sped away.

Later that evening, the defendant met with DePas-quale, Ferguson, Frank Straub and two other individuals at a water pump station in Montville. The defendant drove the group to a gasoline station to purchase cigarettes and snacks. The defendant then drove the group to another friend’s house to pick up two red, one gallon gasoline cans that were placed in the trunk of the defendant’s car. The defendant next drove the group back to the gasoline station, where the gasoline cans were removed from the trunk, filled with gasoline and placed back in the trunk. While DePasquale filled the gasoline cans, Ferguson went inside and obtained six coffee cups. DePasquale testified that he believed that at each of those stops, the defendant opened the trunk via a release mechanism inside the vehicle.

After DePasquale filled the gasoline cans, at approximately 2 a.m., the defendant drove the group to an auto body repair shop where DePasquale previously had noticed a red Ford Escort.8 There, the defendant [885]*885again opened the trunk from the inside of the car, and DePasquale exited the vehicle, took one of the cans of gasoline from the trunk, poured it over the interior and exterior of the Escort and set the car on fire. The fire inspector testified that in lighting the car on fire, DePas-quale exposed the volunteers, firefighters and police officers who responded to the scene to a substantial risk of injury.

The defendant then drove the group to McConkey’s house and parked the car around the comer in an area where it could not be seen. He once again opened the trunk from the inside of the car to allow access to the gasoline cans. This time, several individuals exited the vehicle, filled the coffee cups Ferguson had obtained with gasoline, emptied the cups over the interior and exterior of McConkey’s car, and DePasquale set the car on fire.9 The fire burned so hot that it melted the bumper and taillight of another car parked approximately twenty feet away.10 The defendant then drove the group away from the scene.

The defendant claims that there was insufficient evidence to support his conviction. The crus of his claim is the state’s alleged failure to prove that he intentionally aided in the commission of the crimes. The defendant argues that no evidence was produced from which the jury could have found that he had prior knowledge of the group’s plan to commit the arsons and that he intentionally aided in their commission. We disagree.

[886]*886“The standard of review employed in a sufficiency of the evidence claim is well settled. [W]e apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [finder of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. . . . This court cannot substitute its own judgment for that of the jury if there is sufficient evidence to support the jury’s verdict.” (Internal quotation marks omitted.) State v. Bermudez, 79 Conn. App. 275, 280, 830 A.2d 288, cert. granted on other grounds, 266 Conn. 921, 835 A.2d 61 (2003).

“We note that the jury must find every element proven beyond a reasonable doubt in order to find the defendant guilty of the charged offense, [but] each of the basic and inferred facts underlying those conclusions need not be proved beyond a reasonable doubt. . . . If it is reasonable and logical for the jury to conclude that a basic fact or an inferred fact is true, the jury is permitted to consider the fact proven and may consider it in combination with other proven facts in determining whether the cumulative effect of all the evidence proves the defendant guilty of all the elements of the crime charged beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Charles, 78 Conn. App. 125, 139, 826 A.2d 1172, cert. denied, 266 Conn. 908, 832 A.2d 73 (2003).

General Statutes § 53a-8 (a) provides in relevant part: “A person, acting with the mental state required for commission of an offense, who . . . intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable for such conduct and may be prosecuted and punished as if he were the principal offender.” “It is axiomatic that a jury may infer intent from behavior. As our Supreme Court has [887]*887stated, direct evidence of the accused’s state of mind is rarely available. . . . Therefore, intent is often inferred from conduct . . . and from the cumulative effect of the circumstantial evidence and the rational inferences drawn therefrom.” (Internal quotation marks omitted.) State v. Raynor, 84 Conn. App. 749, 760, 854 A.2d 1133, cert. denied, 271 Conn. 935, 861 A.2d 511 (2004).

In this case, the state presented ample evidence from which the jury could find that the defendant intended to aid in the commission of the crimes. DePasquale testified that some time after the car chase and accident, the group involved in the original altercation at Crown Billiards, including Ferguson and the defendant, reunited at a local water pumping station. The defendant then drove the group to get two gasoline cans and drove to a gasoline station to purchase gasoline.

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

Related

State v. Faust
Connecticut Appellate Court, 2015
State v. Fairley
866 A.2d 1285 (Supreme Court of Connecticut, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
859 A.2d 605, 85 Conn. App. 882, 2004 Conn. App. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fairley-connappct-2004.