State v. Rhodes Shields

CourtMontana Supreme Court
DecidedJuly 19, 1974
Docket12597
StatusPublished

This text of State v. Rhodes Shields (State v. Rhodes Shields) 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. Rhodes Shields, (Mo. 1974).

Opinion

No. 12597

I N T E SUPRIWE COURT O T E STATE OF MONTANA H F H

THE STATE O MONTANA, F

P l a i n t i f f and Respondent,

-vs - JAMES M R U SHIELDS, ACS

Defendant and Appellant.

Appeal from: D i s t r i c t Court of t h e S i x t e e n t h J u d i c i a l D i s t r i c t , Honorable Alfred B. Coate, Judge p r e s i d i n g .

Counsel of Record:

For Appellant :

Robert J. Campbell argued, Missoula, Montana

For Respondent :

Hon. Robert L. Woodahl, Attorney General, Helena, Montana Thomas J . Beers, A s s i s t a n t Attorney General, argued, Helena, Montana J. C . Weingartner, Deputy Attorney General, Helena, Montana William F. Meisburger, County Attorney, argued, Forsyth, Montana

Submitted: A p r i l 23, 1974

~ e c i d e d ~jU1-1.9 19Pq :

Filed : Jul, 1 9 1974 No. 12596

I N T E SUPREME C U T O THE STATE O M N A A H OR F F OTN

-vs - W L A E L O D RHODES , J R AL C L Y ., Defendant and Appellant.

Appeal from: D i s t r i c t Court o f t h e S i x t e e n t h J u d i c i a l D i s t r i c t , Honorable A l f r e d B. Coate, Judge p r e s i d i n g .

Counsel of Record :

F o r Appellant :

Robert J . Campbell argued, Missoula , Montana

Hon. Robert L. Woodahl, Attorney General, Helena, Montana Thomas J. Beers, A s s i s t a n t Attorney General, argued, Helena, Montana J. C. Weingartner, Deputy Attorney General, appeared, He Lena, Montana William F. Meisburger, County Attorney, argued, F o r s y t h , Montana

~ e c i d e d JUL : 19 1974 Filed : JuL 1 9 1974 Mr. Justice Wesley Castles delivered the Opinion of the Court.

This is an appeal from a judgment entered following a jury verdict of guilty of first degree murder, kidnapping and robbery. The trial judge imposed a sentence of death on the first degree murder count; a sentence of ten years on the kid- napping count; and a sentence of ten years on the robbery count; the latter two sentences to run consecutively. The judgment was the same for each of the two defendants, Shields and Rhodes, and both cases are included in this opinion. On September 17, 1972, Donald K. Kalberg, age 48, a resident of Hardin, Montana, left his home to drive his son to Missoula to attend the University of Montana. He left his son in Missoula, but never arrived home. At a lonely highway rest stop about 21 miles east of Forsyth, Montana, the body of Don Kalberg was found in a pool of blood. He had been shot several times. His car, credit cards, and wrist watch were gone. Don Kalberg was last seen alive in his car 21 miles west of the death scene while purchasing gas in a service station in Forsyth. The two defendants were with him in his car at that time. The two defendants, Shields and Rhodes, had escaped from jail in Mountain Home, Idaho, when they overpowered the sheriff at 9:15 a.m. on September 17, 1972, taking with them two revolvers, a .38 caliber S & W and a .357 S & W. They also took a police officer as hostage. On that same day the two defendants took by force an automobile belonging to Edward and Margaret Uffelman of Deyville, Oregon. The Uffelman automobile was found abandoned at a rest stop at Columbus, Montana. Don Kalberg's route of travel returning from Missoula to his home in Hardin would ordinarily have been through Columbus, where the Uffelman automobile was found abandoned. Don Kalberg's stolen automobile was f3und abandoned at a rest stop at Emmons, Minnesota. At that rest stop, defendants S h i e l d s and Rhodes kidnapped one R u s s e l l B a t t o n and f o r c e d him

t o d r i v e them s o u t h . Defendants were apprehended i n Memphis,

Tennessee. A t t h e t i m e o f t h e i r a p p r e h e n s i o n , S h i e l d s and Rhodes

had t h e two s t o l e n r e v o l v e r s from Mountain Home, I d a h o i n t h e i r

possession. They a l s o had t h e w r i s t watch, c r e d i t c a r d s and o t h e r

p e r s o n a l p r o p e r t y b e l o n g i n g t o Don Kalberg. The l a t e n t f i n g e r -

p r i n t s o f S h i e l d s and Rhodes were found i n K a l b e r g ' s a u t o m o b i l e

a t Ernrnons, Minnesota. The f i v e b u l l e t s t a k e n from t h e body o f

Don Kalberg had been d i s c h a r g e d from t h e . 3 8 S & W stolen in

Mountain Home, Idaho and found i n t h e p o s s e s s i o n o f t h e two de-

f e n d a n t s i n Memphis.

S h i e l d s and Rhodes were c h a r g e d i n f e d e r a l c o u r t w i t h

kidnapping i n r e s p e c t t o t h e i r abduction of hostage Batton, they

p l e a d g u i l t y and were e a c h s e n t e n c e d t o 10 y e a r s .

S h i e l d s and Rhodes had e a c h been c o n v i c t e d of f e l o n i e s

p r e v i o u s l y ; S h i e l d s o f b u r g l a r y and Rhodes of m a n s l a u g h t e r . The e v i d e n c e i n t h i s c a s e i s c l e a r , c o n v i n c i n g and beyond any d o u b t

o f a s e r i e s of c r i m e s and of a v i c i o u s , wanton, cold-blooded murder of Don Kalberg.

The d i s t r i c t c o u r t i n pronouncing judgment s t a t e d :

"Court: For t h e p u r p o s e s of t h e r e c o r d and b e f o r e t h e

pronouncement of s e n t e n c e t h e c o u r t now f i n d s t h a t b o t h d e f e n d - a n t s were b r o u g h t t o Montana f o r t r i a l and under t h e I n t e r s t a t e

D e t a i n e r A c t by s u c h a c t t r i a l must be had w i t h i n 120 d a y s o r t h e

I n f o r m a t i o n and c h a r g e s must be d i s m i s s e d . The d e f e n d a n t s were

b r o u g h t t o t h i s c o u r t on t h e 2nd day of March, r e q u e s t e d c o u n s e l , c o u n s e l was a p p o i n t e d . Both d e f e n d a n t s r e q u e s t e d t h a t t h e y be given a p s y c h i a t r i c examination. The c o u r t e x p l a i n e d t o b o t h d e f e n d a n t s t h a t t h e 45 d a y s f o r t h a t e x a m i n a t i o n would be added t o t h e 120 d a y s , t h e r e f o r e making a t o t a l t i m e o f 165 d a y s . The

t r i a l was had, a v e r d i c t r e t u r n e d and t h i s i s t h e 211th d a y , w i t h 15 days remaining. The court further finds that at the request of the defendants this court excluded certain items of evidence in an attempt by the court to keep the jury from being inflamed. The jury verdict is guilty on all three counts. The court has reviewed U. S. Supreme Court decision of Furman vs. Georgia and it appears to the court that any capital punishment is unconsti- tutional if that capital punishment is based upon race, religion, wealth, social position, class. Further, that such punishment must be acceptable to society and further the punishment must not be excessive. Both defendants this court finds are white. Both defendants are Protestant although neither practices his religion. Both defendants are destitute, however, knowledge of economics ability was not permitted to go to the jury. Both defendants are unemployed laborers. Such knowledge was not permitted to go to the jury. Both defendants have normal I. Q.'s. This knowledge was not permitted to go to the jury. Both defendants were found to have been sane. Defendant Shields was twice so found by the State of Idaho and the State of Montana. The people of this State at an election held on June 6, 1972, overwhelmingly voted for the death penalty. Both defendants have been found guilty or have entered pleas of guilty to prior criminal charges. Defendant Rhodes, involuntary manslaughter, defendant Shields, burglary. Both defendants have entered a plea of guilty to the crime of Kidnapping, subsequent to the crime herein charged. The defend- ants will please stand and face the court. To the crime of Murder in the First Degree I find you guilty.

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State v. Rhodes Shields, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rhodes-shields-mont-1974.