State v. Larson

512 N.W.2d 732, 1994 S.D. LEXIS 29, 1994 WL 62513
CourtSouth Dakota Supreme Court
DecidedMarch 2, 1994
Docket17396
StatusPublished
Cited by55 cases

This text of 512 N.W.2d 732 (State v. Larson) 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. Larson, 512 N.W.2d 732, 1994 S.D. LEXIS 29, 1994 WL 62513 (S.D. 1994).

Opinions

McKEEVER, Circuit Judge.

Stacy Larson appeals from a jury verdict finding him guilty of second degree murder in the May 12, 1990 shooting death of Ron Hilgenberg. Larson raises seven issues on appeal. We affirm.

FACTS

On May 12, 1990 the defendants Stacy Larson, Elmer Piekner, and Louis Medicine Horn, Sr., left Mitchell, South Dakota, sometime between 6:00 p.m. and 7:00 p.m., bound for Sioux Falls in Larson’s automobile. While in Sioux Falls, Larson and Piekner dropped Medicine Horn off at the Frontier Bar. Larson and Piekner stopped at the 7-11 store across from the police station on two occasions between 9:32 p.m. and 10:43 p.m. Larson and Piekner picked up Medicine Horn at the Frontier Bar at approximately 10:50 p.m. and left Sioux Falls, returning to Mitchell. They paid for gasoline and beer at the Food-n-Fuel in Mitchell at 12:02 a.m., according to the store’s sales tape.

On that same evening, the Bahr residence in Hartford was unoccupied between 9:45 p.m. and 2:00 a.m. At some point during that time it was burglarized. A screen was broken out of a kitchen window through which the burglars apparently gained entrance to the home. A Winchester 20 gauge shotgun, 20 gauge shells with steel shot, and cash were stolen. Before leaving, the burglars shot a television set and a waterbed.

Police took from the scene shotgun shell wads, pellets, and a spent 20 gauge shotgun shell. They also collected cloth fibers from the broken window screen that may have come from the sweat pants that defendant Piekner was wearing that evening. However, none of the unidentified fingerprints, molds of foot prints or tire prints gathered [735]*735from the home or near area could be connected to Larson or his two friends that were with him that evening.

Again on that same evening, sometime between 6:30 p.m. and 11:45 p.m., the Curtin residence in Hartford, South Dakota, was shot by a shotgun. A shotgun wad and pellets were found at the scene. The wad and pellets were determined by a police expert to be similar to those found at the scene of the Bahr burglary site.

Between approximately 11:30 p.m. and 11:50 p.m. on that same evening, Tanja Ishol and three passengers were-traveling on Interstate 90 when they left the interstate at the Humboldt exit. As they sat at the stop sign at the end of the exit ramp, they noticed what Tanja Ishol later identified as Larson’s car sitting across the intersection. This car flashed its high beams at Ishtol’s car. Tanja was annoyed by the flashing lights. She flashed her lights at the car and slowly passed by it. As the vehicles passed, Tanja Ishol stared at the driver of the oncoming vehicle. After the cars passed at least two shots were fired at the Ishol car, shattering glass and injuring Tanja’s passengers. The girls, after a brief stop to discuss the situation, decided to drive into Humboldt where they called the authorities at 12:02 a.m. Tanja was later able to complete a composite drawing of Larson with the help of a police sketch artist. At trial she identified Larson as the driver.

The girls and the police returned to the scene where they found two spent 20 gauge shotgun shells, pellets, and wads. Expert testimony was given that the shells found at this scene were fired from the same gun as the spent 20 gauge shell found at the Bahr residence. This was based on testimony from the state’s expert witness.

On May 12, 1990, Ron and Ruth Hilgen-berg were returning to South Dakota, from Luverne, Minnesota, via Interstate 90. They were traveling in the right lane of the interstate at approximately 50-60 miles per hour. While traveling west of Humboldt, South Dakota, Mrs. Hilgenberg noted the time to be 11:40 p.m. according to the car’s clock. A few minutes later a passing vehicle shot at the Hilgenbergs. Mr. Hilgenberg was struck in the left side of the head and died at the scene. Evidence taken from the scene included a shotgun wad approximately three feet from the driver’s door. Later twenty-one pellets were also removed from Mr. Hil-genberg’s head. Mrs. Hilgenberg whs unable to identify the vehicle from which the shot was fired. No shells were found at the scene of the shooting. The wad found at the scene and the pellets taken from the victim’s body were determined to be like those found at the other scenes. Despite an extensive search, no gun used at any of the shooting scenes that evening was ever recovered.

Larson was indicted for the murder of Ron Hilgenberg on May 24, 1990. On November 21, 1992, a jury returned a verdict finding him guilty of second degree murder. Larson was sentenced to life in prison without the possibility of parole.

ANALYSIS

An individual is not entitled to a perfect trial, but he is entitled to a fair trial. State v. Lybarger, 497 N.W.2d 102, 105 (S.D.1993); State v. Bennis, 457 N.W.2d 843, 847 (S.D.1990). The burden is on the appellant to show prejudicial error such that he did not receive a fair trial. “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” SDCL 23A-44-14.

Prejudicial error, such that it may not be disregarded, “is such error as in all probability must have produced some effect upon the final result of the trial. It must be harmful to the substantial rights of the party assigning it.” State v. Wall, 481 N.W.2d 259, 265 (S.D.1992). “Prejudicial error, when constitutional questions are being considered, is error which would have some likelihood of changing the result. A constitutional violation may constitute harmless error, and thus not require reversal, if the court can declare beyond a reasonable doubt that the error was harmless and did not contribute to the verdict obtained. We are thus required to ask whether it is clear beyond a reasonable doubt that the jury would have returned a verdict of guilty absent the alleged errors.” [736]*736State v. Schuster, 502 N.W.2d 565, 570-71 (S.D.1993). (citations omitted).

ISSUE I

PRIOR BAD ACTS — SPEEDING

SDCL 19-12-5 (Rule 404(b)) states: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Admission of evidence under this rule is within the trial court’s discretion. “Upon review of whether the trial court abused its discretion in admitting evidence of other wrongs we must be careful not to substitute our reasoning for that of the trial court. The test is not whether judges of this court would have made an original ruling, but whether they believe a judicial mind, in view of the law and the circumstances, could have reasonably reached that conclusion.” State v. Rufener, 392 N.W.2d 424, 426 (S.D.1986).

The state’s theory of this case required the defendant to have committed the Ishol shooting and the Hilgenberg murder between approximately 11:35 p.m. and 11:45 p.m. and then drive 43.2 miles from the Humboldt murder scene to Mitchell by between 11:52 p.m. and 12:02 a.m.

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Bluebook (online)
512 N.W.2d 732, 1994 S.D. LEXIS 29, 1994 WL 62513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-larson-sd-1994.