State v. Goodshot

2017 SD 33, 897 N.W.2d 346, 2017 WL 2471087, 2017 S.D. LEXIS 67
CourtSouth Dakota Supreme Court
DecidedJune 7, 2017
Docket27843; 27844
StatusPublished
Cited by3 cases

This text of 2017 SD 33 (State v. Goodshot) 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. Goodshot, 2017 SD 33, 897 N.W.2d 346, 2017 WL 2471087, 2017 S.D. LEXIS 67 (S.D. 2017).

Opinion

ZINTER, Justice

[111.] Jeremy Goodshot was convicted of several offenses charged in two indictments. He appeals the circuit court’s decision to join the indictments for trial. He also appeals an evidentiary ruling. We affirm.

Facts and Procedural History

[112.] On the morning of August 13, 2015, Kenny Maldonado-Molina was awakened by his dog barking outside, and he left his house with a handgun to investigate. He observed a man, later identified as Good-shot, holding a machete over his head. Because Goodshot walked towards Maldonado-Molina in a threatening manner, Maldonado-Molina displayed the gun and warned Goodshot to stay back. When Goodshot kept advancing, Maldonado-Molina fired two shots at the ground. Good-shot fled the scene in a vehicle, and Maldonado-Molina had his girlfriend call 911.

[¶3.] Responding police officers observed that a lug nut had been removed from a tire on one of Maldonado-Molina’s vehicles. They also observed two bullet marks on the ground consistent with gunshots, and a trail of blood that led into the alley and abruptly stopped. The officers suspected that one of the gunshots had ricocheted and struck Goodshot.

[¶4.] While the officers were still questioning Maldonado-Molina, law enforcement received a report of a rollover accident at a not-too-distant location. Witnesses reported that the driver ignored their offers for help and ran off while talking on a cell phone. One unknown witness reported that the driver may have possessed a gun. After arriving at the accident scene, officers found a machete, two tire irons, and a credit card with Goodshot’s name inside the vehicle. They also observed blood inside the vehicle and a trail of blood leading away from the vehicle. They further learned that the vehicle was owned by Goodshot’s girlfriend.

[¶5.] Goodshot immediately became the suspect in both incidents. Because law enforcement had received the report that Goodshot might be armed, a S.W.A.T. team was deployed to apprehend him. Goodshot was eventually found a short distance from where the S.W.A.T. team was searching. He was leaning against a fence with a string tourniquet on his leg.

[¶6.] Later that evening, Debra Cummings, who lived in the area where Good- *349 shot was apprehended, returned home and discovered that her house had been broken into. Her door was open, and she found a bloody dishcloth from her kitchen sink in a bedroom. She observed blood stains in several rooms throughout her house: She also found a glass with bloody handprints on her kitchen counter and a bloody fingerprint on a partially consumed bottle of soda inside her refrigerator. Subsequent fingerprint and DNA analysis matched the fingerprints and blood with Goodshot.

[¶7.] On August 27, 2015, Goodshot was indicted for four offenses—aggravated assault, tampering with a motor vehicle, hit and run, and driving without a valid license—all arising out of the incident at Maldonado-Molina’s home and subsequent automobile accident. On December 16, 2015, Goodshot was indicted for second degree burglary arising out of the entry of Cummings’s home. 1

[¶8.] Shortly after returning the second indictment, the State moved to join both indictments for trial. Over Goodshot’s objection, the court granted the motion because the “two indictments were of the same or similar character,” the “charges occurred close in time, location, and manner,” and the “alleged factual scenario [was] a common scheme or plan as it was all part of the res gestae of the course of events.” The court further ruled that join-der would not “unduly prejudice” Goodshot and that “there were no overlapping elements that would prejudice” Goodshot.

[¶9.] Before trial, Goodshot filed a motion in limine to prevent the State from admitting evidence of the report that Goodshot may have possessed a gun after fleeing the vehicle. The circuit court denied the motion because the evidence was proffered only to explain why the S.W.A.T. team was deployed. After a four-day jury trial, Goodshot was convicted of all offenses. He now appeals, arguing that the circuit court erred in joining the indictments and admitting evidence of the unknown bystander’s report.

Decision

[¶10.] Goodshot first argues that joinder violated his constitutional right to a fair trial because joinder was improper and prejudicial. “A court may order two or more indictments ... to be tried together if the offenses ... could have been joined in a single indictment....” SDCL 23A-11-1. “Two or more offenses may be charged in the same indictment ... if the offenses charged ... are based on ... two or more acts or transactions connected together....” SDCL 23A-6-23. 2 “A circuit court’s decision to join charges is reviewed under an abuse of discretion standard.” State v. Waugh, 2011 S.D. 71, ¶ 11, 805 N.W.2d 480, 483.

[¶11.] Here, all of the charged offenses arose out of a connected series of events. Goodshot first attempted to remove tire rims from Maldonado-Molina’s vehicle by removing a lug nut (tampering with a motor vehicle). This led to the confrontation with Maldonado-Molina (aggravated assault). Goodshot was wounded in the confrontation and fled the scene in a vehicle (driving without a license). While fleeing, he caused an accident and left the scene (hit and run). He then broke into Cummings’s home, stole some property, and damaged her property in an apparent at *350 tempt to treat wounds sustained in the confrontation (burglary). Because all of the offenses were connected, they could have been joined in one indictment, and joinder of the indictments was proper. See SDCL 23A-6-23; cf. State v. Bradley, 2010 S.D. 40, ¶ 7, 782 N.W.2d 674, 677.

[¶12.] When joinder is proper under SDCL 23A-6-23, “the burden of proof falls to the party opposing joinder to establish sufficient prejudice to justify severance of the joined counts.” Waugh, 2011 S.D. 71, ¶ 13, 805 N.W.2d at 483. “A showing of prejudice requires more than a showing of a better chance of acquittal at a separate trial.” Id. ¶ 13, 805 N.W.2d at 484. The requisite showing of prejudice is high in order “to offset the purpose of joinder, judicial efficiency.” Id. “[W]hen evidence of one crime is admissible in the trial of another crime, ... there is no prejudice in trying the two charges at the same time.” Id. ¶ 14.

[¶13.] Goodshot fails to make a sufficient showing of prejudice.

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Related

State v. Loeschke
980 N.W.2d 266 (South Dakota Supreme Court, 2022)
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2019 S.D. 36 (South Dakota Supreme Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2017 SD 33, 897 N.W.2d 346, 2017 WL 2471087, 2017 S.D. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodshot-sd-2017.