State v. Garcia

301 P.3d 658, 297 Kan. 182
CourtSupreme Court of Kansas
DecidedApril 26, 2013
DocketNo. 104,998
StatusPublished
Cited by21 cases

This text of 301 P.3d 658 (State v. Garcia) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Garcia, 301 P.3d 658, 297 Kan. 182 (kan 2013).

Opinion

The opinion of the court was delivered by

Johnson, J.:

A jury convicted Miguel A. Garcia of felony murder based upon the underlying felony of aggravated robbery, for which he was also convicted. During the robbery, Eliel Fernandez shot and killed the robbery victim, Andres Vega. Garcia’s guilt was premised upon his alleged participation in the planning and execution of the robbery. During a police interrogation, Garcia admitted that he participated in the robbeiy, and the district court denied Garcia’s motion to suppress that statement. On appeal, Garcia contends; (1) The district court should have suppressed as involuntary the confession elicited from him during an interrogation; (2) the district court erred in finding that he had opened the door for the State to use the rebuttal testimony of a previously excluded witness; (3) the district court erroneously admitted repetitive and overly gruesome photographs where the manner and cause of death were not in issue; and (4) the cumulative effect of trial errors denied him a fair trial. Finding that Garcia’s confession was improperly obtained, we reverse and remand for a new trial.

[184]*184Factual and Procedural Overview

The incident giving rise to the charges in this case occurred the evening of February 21, 2009, in the parking lot of a bar. The witnesses’ descriptions of tire events that evening contained inconsistent details, especially as to the persons who participated in the planning of the robbery and as to when and where the decision to rob someone was made. But, generally, we know that Garcia left the home of his girlfriend, Eman Malkawi, and proceeded to the bar in the company of Malkawi, Tina Buck, and Eliel Fernandez. There was some disputed testimony that Garcia participated in a pre-departure discussion about robbing a bar patron.

While the group was at the bar, employees discovered that Fernandez was not in possession of proper identification, and they asked him to leave. Fernandez left with Garcia and Malkawi to go to his residence to retrieve an ID card. Ostensibly, as he was leaving the bar Fernandez told Buck to find someone for them to rob and to lure that person outside. At his house, Fernandez obtained a weapon which he took along as he, Malkawi, and Garcia drove back to die bar. Upon arriving at the bar parking lot, the three saw Buck with a man, later identified as Vega. Fernandez and Garcia exited the car and ran toward Buck and Vega. As tiiey ran, Fernandez pulled out the gun and yelled: “ ‘Give me your money, bitch!’ ” Garcia attempted to prevent Fernandez from shooting Vega, but Garcia got shot in the foot for his efforts. Fernandez then shot at Vega, striking him with four rounds and causing his deatíi.

Garcia, Fernandez, and Malkawi left the bar immediately after the shooting. Garcia and Malkawi let Fernandez out of the car to dispose of the gun and then proceeded to Buck’s mother’s house, where Garcia’s gunshot wound was cleaned with peroxide and bandaged. Garcia and Malkawi returned to their home without obtaining any further medical assistance for Garcia’s gunshot wound.

The next morning, police officers brought Garcia and Malkawi to the station, where they were separately questioned. After being read his Miranda rights, Garcia signed a written waiver of those rights. Garcia’s interview was videotaped and lasted a total of 5 [185]*185hours, although the actual questioning occurred in segments and consumed a total time of something less than 2 hours.

Details of the interrogation will be recited in the discussion of the suppression issue, so a brief summary will suffice here. Initially, Garcia denied that he knew Fernandez or that he was involved in any robbery. He subsequently admitted knowing Fernandez and acknowledged that he was at the scene of the shooting. But for most of the interview he continued to deny any involvement in the robbeiy. Instead, Garcia’s version of events was that he tried to intervene when he saw Vega attempting to abduct Buck into a van, but someone began shooting and wounded Garcia, prompting him to flee the scene. During the interview, Garcia requested medical attention a number of times, but the officers said that he would have to wait for medical treatment or pain medication until the interrogation was complete and Garcia had done “what you know is the right thing to do.” The law enforcement officers refused to accept that Garcia was rescuing Buck and repeatedly urged him to admit to participating in the robbery and to be a witness against Femandez, the shooter, in order to avoid being charged with felony murder. At one point, an officer told Garcia that the district attorney was present outside of the interrogation room. The interrogating officer initially refused Garcia’s request to see his girlfriend, Malkawi, saying that Garcia first needed to tell the truth about what happened in his own words. When Garcia would not give that statement, the officer brought Malkawi into the interrogation room to tell Garcia that he would not be booked for murder if he admitted to the robbery. Garcia immediately admitted to participating in the robbery, albeit he provided no details on how the robbeiy was planned or executed. The interview concluded shortly thereafter, and Garcia was booked into jail on charges of both felony murder and robbeiy.

Prior to trial, the court conducted a hearing on Garcia’s motion to suppress his confession. The State relied entirely on the digital videotape of the interrogation and the transcript of that interview. After reviewing those exhibits, the trial court found that Garcia had been given the Miranda warnings; that Garcia appeared to be in some pain at times, but not “acute pain”; that Garcia did not appear [186]*186to believe the police officer’s promises that he would only be charged with robbery if he confessed to that crime; and that from the totality of tire circumstances, Garcia’s statement was voluntary.

At trial, Garcia took the witness stand in his own defense and denied any involvement in the planning or execution of the robbery. Garcia claimed that he only confessed to the robbery based upon the promise, related by the police and Malkawi, that he would not be charged with murder if he admitted to the robbery. The jury convicted Garcia of conspiracy to commit robbery and first-degree felony murder.

Suppression of Confession

Garcia contends that the district court erred in finding that the totality of the circumstances established that his confession to participating in the robbery was freely and voluntarily given. He emphasizes two circumstances that gainsay voluntariness; (1) The interrogating officers withheld requested medical treatment and pain medication for Garcia’s gunshot wound until the interrogation was completed; and (2) the State used promises of leniency to induce the confession. We agree with Garcia; the manner in which his ultimate confession to robbery was obtained was unconstitutionally infirm.

Standard of Review

This court has observed that a district court’s ruling on a motion to suppress evidence usually presents a mixed question of fact and law, prompting the use of a dual standard of review. The facts underlying the district court’s decision on a suppression motion are reviewed under a substantial competent evidence standard, but the ultimate legal conclusion to be drawn from those facts is reviewed de novo. State v. Summers, 293 Kan. 819, 825, 272 P.3d 1 (2012).

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Cite This Page — Counsel Stack

Bluebook (online)
301 P.3d 658, 297 Kan. 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garcia-kan-2013.