State v. Figueroa

919 A.2d 826, 190 N.J. 219, 2007 N.J. LEXIS 449
CourtSupreme Court of New Jersey
DecidedApril 26, 2007
StatusPublished
Cited by49 cases

This text of 919 A.2d 826 (State v. Figueroa) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Figueroa, 919 A.2d 826, 190 N.J. 219, 2007 N.J. LEXIS 449 (N.J. 2007).

Opinions

[221]*221Justice HOENS

delivered the opinion of the Court.

In 1980, we announced guidelines to govern trial courts faced with the questions of whether and how to direct juries that had reported themselves to be deadlocked to continue their deliberations. State v. Czachor, 82 N.J. 392, 413 A.2d 593 (1980). In particular, we concluded that the charge then generally utilized was inherently coercive, and we directed trial courts to use instead an alternate form of the charge that would avoid pressuring dissenting jurors into surrendering their “honest convictions” about guilt or innocence merely to reach a unanimous verdict. Id. at 405 n. 4, 413 A.2d 593. The concerns that supported that decision motivated us to direct that our model charges be revised to include a general charge that would advise jurors of their obligations to consult and deliberate with each other and would authorize them to re-examine and change their own views when appropriate, but which would also remind them not to reach an agreement that would do “violence to individual judgment.” Ibid. At the same time, we approved the use of a portion of that modified charge in response to a jury’s report of a deadlock. We left whether, in an individual trial, that charge could be given or repeated to the discretion of the trial court.

The question presented in this case is whether a supplemental charge to the jury reporting a deadlock that did not repeat those admonitions, and that suggested that deliberations would continue until unanimity was achieved, constitutes reversible error. Because we have concluded that the language used by the trial court, which was not tempered by any repetition of the language of the modified, supplemental charge, had the effect of coercing the dissenting juror or jurors into agreeing with the verdict announced shortly thereafter, we direct that defendant be afforded a new trial.

I.

A.

We begin our analysis with a recitation of the testimony and [222]*222evidence presented during the trial.1 Samir Pretlow and two of his friends, Phillip Austin and Willie Davis, went to a bar in Elizabeth one evening in February 2003. At some point during that night or in the early morning hours of the next day, they encountered defendant Robert Figueroa and his friend, co-defendant Jeffrey Colon, at the bar. According to Davis, defendant and Pretlow bumped each other and then engaged in “a couple [of] stare-downs.” Defendant asked Pretlow why he was “looking at [defendant] funny” and Pretlow offered to “go outside” about it. Defendant, Colon, Pretlow, Austin, and Davis all went outside and, as the group walked from the bar, defendant and Pretlow began a heated argument. Davis and Colon walked away from the other three, engaging in a conversation of their own. As they were returning to the group, Davis saw Colon walk to his nearby parked car, described as a gray Intrepid, and he heard defendant threaten to “body” one of the others to “show [them] it’s not a game.” Davis testified that he and the others understood this to be a threat by defendant to kill someone.

According to Davis, Colon then handed a gun to defendant who pressed it to Pretlow’s head. In response, Pretlow began to struggle with defendant for control of the gun and punched defendant three times in the face while doing so. Colon attempted to break the two apart, while Davis and Austin urged Pretlow to leave because they were unarmed. After defendant and Pretlow were separated, defendant raised the gun, pointing it at Davis. As Davis ran up the street, he heard shots being fired.

Austin was hit once in the left leg and fell to the ground. Forensic evidence produced at trial demonstrated that Pretlow was hit three times in the leg and once in the chest. He died the next day at the hospital.

[223]*223At the sound of the gunfire, Jose Banos, a resident of a nearby building, awoke. He thought that someone had thrown a rock at a car window, but his wife told him that she thought it was the sound of gunshots being fired. Banos looked out of his window and saw a tall thin man and a shorter man, noting that the thin one had a black object in his hand. He testified that he heard the sound that had awakened him again after he had finished looking out of the window.

Two Elizabeth police officers responded to a call of shots being fired. They left after dispersing a crowd that was watching an unrelated argument between two women, but returned a few minutes later when they were alerted by two other police officers that Pretlow and Austin had arrived at a nearby hospital with gunshot wounds. Near the scene they found a Cleveland Indians baseball cap, which they later learned matched the shirt Pretlow had been wearing. In addition, the officers noticed that there was a bullet hole and a shattered rear window in a parked Hyundai that they discovered belonged to Banos, and they found three spent shell casings near the car. They also found a wristwatch, a blue Polo headband and a fourth shell casing between the Hyundai and another parked car. Two “projectiles” were later found lodged inside of the Hyundai.2

The two other police officers who had gone to the hospital were not able to interview Pretlow, because he was undergoing surgery from which he never regained consciousness. They attempted to interview Austin, who was not cooperative. He gave the officers five different false names before they learned his identity from a family member at the hospital. When Austin spoke with the officers, he first told them that the argument at the bar had been between two women and that he and Pretlow were hit by bullets when shots were fired as part of that fight. He told the officers [224]*224that he was unable to identify the shooter, telling them that he did not know the shooter and thought that the people involved were from out of town. Austin was released from the hospital later that day.

The next day, Austin walked into the Elizabeth Police Station and told the desk officer that he had information about the Pretlow shooting. He then voluntarily gave Detective Ismael Olivero a statement about the incident. His statement was typed, reviewed by him, and signed. In it, he explained that there had been “a tussle” and that Colon had given defendant the gun that defendant then used to shoot him and Pretlow. Thereafter, Austin again changed his story, telling an investigator retained by defendant in a taped interview that he only knew that defendant and Pretlow had words in the bar and left together. Austin told the defense investigator that he had merely assumed defendant was the shooter when he heard the shots being fired. At trial, Austin testified that he could only recall “a little commotion” among “females” prior to being shot as he was running away. In addition to Austin’s trial testimony, both the typed statement he gave to the police and the taped statement he gave to defendant’s investigator were admitted into evidence.

Davis, who had also been with Pretlow at the bar, gave conflicting information to police and defense investigators as well. Davis first appeared, voluntarily, at police headquarters and told the police that he had information about the shooting. In his statement, Davis identified defendant as the shooter and revealed that Davis had seen Colon retrieve the gun from his car and hand it to defendant. Prior to trial, however, Davis gave a written statement to an investigator for defendant.

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Bluebook (online)
919 A.2d 826, 190 N.J. 219, 2007 N.J. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-figueroa-nj-2007.