State v. Riley

568 N.W.2d 518, 1997 Minn. LEXIS 557, 1997 WL 426116
CourtSupreme Court of Minnesota
DecidedJuly 31, 1997
DocketC8-96-1394
StatusPublished
Cited by58 cases

This text of 568 N.W.2d 518 (State v. Riley) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Riley, 568 N.W.2d 518, 1997 Minn. LEXIS 557, 1997 WL 426116 (Mich. 1997).

Opinion

OPINION

BLATZ, Justice.

Appellant Adrian Dominic Riley was convicted on three counts of first-degree murder and three counts of second-degree murder arising from the shooting deaths of Troy Tholkes, James M. Walters, and Treesa Woods in Watertown Township, Minnesota, on May 23, 1995. The trial court sentenced Riley to three consecutive life sentences on the first-degree murder convictions. On appeal to this court, Riley raises five issues: 1) whether his warrantless arrest was supported by probable cause; 2) whether the “fruits” of his arrest ought to have been suppressed; 3) whether his statement to the police should have been suppressed as the product of “trickery and deceit”; 4) whether a ballistics expert ought to have been permitted to state his opinion to a “reasonable degree of scientific certainty”; and 5) whether Riley ought to have been permitted to introduce evidence that he was willing to take a polygraph test. We affirm.

The case against Riley was substantially circumstantial. Because of the nature of the issues raised on this appeal, a detailed account of the events preceding and following the murders is necessary.

At about 10 p.m., Monday, May 22, 1995, the night before the murders, two of the victims, Walters and Tholkes, took Tholkes’ 1989 blue Beretta to a cash machine to get money for drugs. Several hours later, at about 3 a.m., Tuesday, May 23,1995, Walters and Tholkes were gathered with Riley, a crack dealer, in the home of Cheryl Hamre, Cheri Tholkes’ next-door neighbor (Tholkes’ sister). At that time, Sherri Murphy, a tenant in the Hamre home, was awakened by voices and the slamming of a door. When she went downstairs to find out what was going on, she noticed that four men were present: Riley, who is black, along with three white men, Walters, Tholkes, and Dave Buda. Before returning to bed, Murphy told Walters that his girlfriend, Woods, had called for him.

Later that morning, at about 8:45 a.m., James Greenwood, who lived at 3155 Navajo, in Watertown Township, dressed for work. Before departing, he checked his answering machine and noticed Tholkes, an acquaintance, lying on the couch, and an unidentified black man on the floor under a blanket. Greenwood also smelled a burning substance he believed to be crack cocaine emanating from the room of his housemate, Walters. Outside, Greenwood saw Tholkes’ Beretta with a primer colored bumper.

In the mid-morning, Leon Fritzke, an employee of the City of Watertown, was patching streets when he encountered one white man and one black man in a car. The black man, who was the driver, asked Fritzke where he could buy ammunition. Fritzke directed them to a gunsmith in town. Sometime between 10 a.m. and noon, a white man and a black man entered the All Seasons Sports store in Delano and asked for 9 mm shells. The clerk told the two men that the store did not have 9 mm shells in stock.

At noon, Walters called Woods’ house and left her a message. At 12:19 p.m., a call was placed from the 3155 Navajo home to a hos *521 pital room at Hennepin County Medical Center occupied by Riley’s mother. A previous call from the 3155 Navajo home had been made to the hospital room earlier that morning.

Later that afternoon, a man working near 3155 Navajo heard shots being fired. The witness heard the gunshots sometime between 2:30 and 3:30 p.m.

Between 4:45 and 5 p.m., while driving her son to golf lessons, Jan Ryan encountered a black man in a ear at the intersection of Willow and Watertown Road, in Orono, Minnesota. The man asked for directions to Minneapolis. Soon after, Michael McCall also spotted a black man in a blue Beretta in Orono, Minnesota. McCall testified that the man asked for directions to Highway 12 because he wanted to get back to Minneapolis. McCall noticed that paint was missing from the bumper of the blue Beretta the man was driving.

That evening, at about 11 p.m., Riley and a man called Jojo arrived at the front door of Benjamin Bobo’s residence at 2610 13th Avenue South, Minneapolis. One of the two men, Bobo could not remember who, gave Bobo a 9 mm pistol which Bobo placed under his bed. Jojo left at about 12:30 a.m., but Riley stayed all night.

Meanwhile, back in Watertown Township, Greenwood arrived home at 3155 Navajo. It was about 11:45 p.m. Tuesday. Greenwood noticed that Tholkes’ Beretta was not in the driveway. When Greenwood walked upstairs to go to bed, he stopped at Walters’ bedroom door which was wide open. He saw Woods, Walters’ girlfriend, lying face down and yelled her name. When she failed to respond, he pressed his foot against her back thigh and found her body to be very stiff. He knew she was dead and noticed a little blood by her head. Greenwood then turned and ran out of the house.

Once in his car, Greenwood called 911 from his cellular phone and drove to the Red Roof Inn in Plymouth. Meanwhile, dispatchers put out the call directing the police to go to 3155 Navajo. After arriving at the scene, the police found the bodies of Walters and Tholkes outside the house and the body of Woods in an upstairs bedroom. Autopsies later confirmed that all three victims had been shot to death.

Outside, near the bodies of Walters and Tholkes, the police found a tree with targets on and around it. The tree and the target were riddled with bullet-sized holes. Nearby, the police collected 9 mm shell casings which they believed had been recently discharged. A deputy coroner retrieved an address book from the back pocket of Tholkes’ pants and gave it to the police. On the first page of the address book was a handwritten entry for “Dre,” Riley’s nickname, followed by a phone number. Inside, the police came upon a box for a Smith & Wesson 9 mm handgun on the floor of the bedroom where the police discovered Woods’ body. The box had been opened and the gun was missing. The police advised police dispatch to list the gun as stolen. Later, the police learned that the missing gun had been purchased by Walters from his brother.

In the morning of Wednesday, May 24, 1995, BCA Agent Eugene Leatherman and Carver County Sheriff Detective Paul Sehnell spoke with Greenwood at the Plymouth Police Department. During the interview, Greenwood’s fingerprints were taken, his blood was drawn, and his hands were tested for gunshot residue.

After speaking to Greenwood, investigators concluded that at least four people had been alive at 3155 Navajo the previous Tuesday morning — Greenwood, Walters, Tholkes, and an unidentified black man. Greenwood had been interrogated. Walters and Tholkes were dead. The only other person who had been seen at the Navajo house before the murders and who remained unaccounted for was the unidentified black man.

On Wednesday morning, while Murphy was sleeping, Riley called Murphy and left her three or four messages. Murphy had purchased crack cocaine from Riley on a number of previous occasions. At about noon, Murphy was awakened by Cheri Tholkes. Cheri Tholkes was screaming that Tholkes was dead and that the police officers wanted all pager numbers that Murphy had.

*522 Murphy never returned Riley’s messages, but when Riley called Murphy again at about 12:45 p.m., Wednesday, she spoke with him. During that conversation, Riley inquired about $50 that Murphy owed him.

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Cite This Page — Counsel Stack

Bluebook (online)
568 N.W.2d 518, 1997 Minn. LEXIS 557, 1997 WL 426116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riley-minn-1997.