State v. Jeremiah Green

2009 MT 114, 205 P.3d 798, 350 Mont. 141, 2009 Mont. LEXIS 113
CourtMontana Supreme Court
DecidedApril 7, 2009
DocketDA 06-0624
StatusPublished
Cited by38 cases

This text of 2009 MT 114 (State v. Jeremiah Green) is published on Counsel Stack Legal Research, covering Montana 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. Jeremiah Green, 2009 MT 114, 205 P.3d 798, 350 Mont. 141, 2009 Mont. LEXIS 113 (Mo. 2009).

Opinions

JUSTICE RICE

delivered the Opinion of the Court.

¶1 Appellant Jeremiah C. Green was convicted of two counts of deliberate homicide by accountability, and one count of tampering with [142]*142evidence after a jury trial in the Twentieth Judicial District Court, Lake County. Green appeals the District Court’s judgment and commitment. We affirm.

¶2 We address the following issues on appeal:

¶3 1. Did Green’s trial counsel render ineffective assistance by failing to request that the jury be instructed to view accomplice testimony with distrust?

¶4 2. Did the District Court err by admitting evidence of Green’s prior statement that he would like to kill the victim?

¶5 3. Did the District Court abuse its discretion by overruling Green’s objection to the prosecutor’s offering a personal opinion on the credibility of a witness during closing argument?

FACTUAL AND PROCEDURAL BACKGROUND

¶6 In the early morning hours of February 3, 2005, Troy McDonald shot and killed Gerald Sirucek and Catherine Madplume. Testimony elicited at Green’s trial indicated that the previous day, Gerald Gardipee was staying at Green’s father’s house in rural Ronan when Green showed up in his jeep with Sirucek, Madplume, and Madplume’s brother. They hung around for awhile drinking beer and shooting a .22 caliber pistol Green had with him, having stolen it from his cousin several weeks before. When the beer ran out in the early afternoon, the group left and returned to Ronan for more beer, dropping off Madplume’s brother and picking up McDonald. They returned to the house and drank for several hours more, at which point Green, Sirucek and Gardipee drove back to Ronan for more beer. After returning to the house and drinking that 18-pack, Gardipee, Sirucek, and McDonald left again to get another 24-pack of beer. Green stayed behind at the house with Madplume.

¶7 According to testimony from Gardipee, when the three men returned to the house with more beer, Sirucek remained in the jeep, passed out drunk. Gardipee testified that the door to the house was locked when they arrived, but that Green, wrapped in a sheet, eventually opened the door before returning to the back bedroom with Madplume. Gardipee then sat in the living room drinking beer alone for a couple of hours until he heard gunshots outside the house. Gardipee testified that when he stepped out of the house, he saw McDonald standing near the jeep, holding Green’s pistol. McDonald had shot Sirucek nine times. Gardipee testified at trial that he then went back inside the house to tell Green and Madplume what he had seen. However, in contrast to his trial testimony, Gardipee told police [143]*143shortly after his arrest that Green had been standing outside with McDonald, holding the gun, when Gardipee went outside. Regardless, McDonald then asked Gardipee to help him move Sirucek’s body. The men lifted it out of the jeep and placed it behind a trailer home behind the house. Gardipee then returned to the house only to hear more gunshots from outside the house a few minutes later. Gardipee testified that he then passed out drunk, waking up the next morning to find Sirucek and Madplume’s bodies lying outside on the ground near the trailer.

¶8 McDonald testified at Green’s trial, admitting that he shot both Sirucek and Madplume. The issue at trial was whether Green had aided McDonald in the killings. McDonald’s description of the events differed significantly from Gardipee’s story. According to McDonald, about two weeks before the shootings Green had told him that Sirucek had money and that he wanted McDonald’s help in robbing Sirucek. On the night of the shootings, after McDonald returned from the final beer run, McDonald and Green allegedly discussed a plan in which McDonald would kill Sirucek and Green would kill Madplume. Green retrieved the gun from his jeep, opened the back door, and handed the gun to McDonald. McDonald testified that, with Green beside him, McDonald shot Sirucek nine times as he lay passed out in the back of Green’s jeep. Green then stabbed Sirucek several times in the throat to make sure he was dead, then took Sirucek’s wallet and took the gun from McDonald. The State Medical Examiner testified that the knife marks were not stab wounds and did not cause or contribute to Sirucek’s death.

¶9 McDonald further testified that he and Green returned to the house after shooting Sirucek, at which time Madplume started asking questions about Sirucek’s whereabouts. McDonald and Green once again exited the house and developed a plan to lure Madplume into the trailer behind the house to kill her, eliminating her as a potential witness to their previous murder that evening. Green gave the gun back to McDonald and allegedly threatened to kill McDonald if he backed out. McDonald then shot Madplume several times in the back of the head as she looked for Sirucek in the trailer. McDonald and Green returned to the house, at which time Gardipee allegedly helped the men move Sirucek’s body from the jeep to behind the trailer. They also removed the rear seat from Green’s jeep and left it by the trailer.

¶10 At about 6:30 a.m., Green left for Ronan to clean out his jeep while the other two men stayed behind to sleep, agreeing to deal with the bodies later. Green drove to his Uncle Roy’s house, then to his Aunt [144]*144Betty’s. After Green gave his aunt a cursory explanation of what happened, she took him to the Tribal Law and Order office to speak with a tribal officer. On the way, Green admitted making the knife marks in Sirucek’s throat, but claimed McDonald had forced him to do so while pointing a gun at his head. Green met with Tribal Officer Ben Asencio and told him that two people had been killed at his father’s house, and that one of them was shot in the back of Green’s jeep. Officer Asencio contacted the Lake County Sherriffs Office. Green retrieved the clothes he was wearing from his Aunt Betty’s house and consented to a blood draw, search of his jeep, and search of his father’s residence. Upon arriving at the house, police saw the two bodies behind the trailer and found McDonald and Gardipee inside the house. Both were arrested without incident, and both subsequently entered plea agreements with the State prior to Green’s trial, agreeing to testify against Green. Gardipee received a ten-year suspended sentence for the offense of tampering with the evidence. McDonald was sentenced to the Department of Public Health and Human Services after the parties stipulated that he was developmentally disabled and was unable to conform his behavior to the requirements of the law. Green rejected the plea agreement offered by the State, and chose to go to trial on the count of tampering with the evidence and both counts of deliberate homicide by accountability.

¶11 Green’s trial began on May 8, 2006, and continued for four days. In addition to the testimony of McDonald and Gardipee, Michael Pierce testified that he lived with Green and Green’s father for a period of time in 2000 and 2001, approximately four years prior to the shootings. Pierce testified that during the time he was living with Green, Green made threats against Sirucek and solicited Pierce to help beat up Sirucek, though the two never did. Green also told Pierce that he would kill Sirucek someday if he had the chance. Shortly thereafter Pierce left Montana. The District Court admitted this testimony over defense counsel’s objection.

¶12 The jury found Green guilty of the two deliberate homicide charges and the tampering with evidence charge.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 MT 114, 205 P.3d 798, 350 Mont. 141, 2009 Mont. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jeremiah-green-mont-2009.