State v. Sandoval

2011 NMSC 022, 258 P.3d 1016, 150 N.M. 224
CourtNew Mexico Supreme Court
DecidedMay 13, 2011
Docket32,149
StatusPublished
Cited by74 cases

This text of 2011 NMSC 022 (State v. Sandoval) is published on Counsel Stack Legal Research, covering New Mexico 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. Sandoval, 2011 NMSC 022, 258 P.3d 1016, 150 N.M. 224 (N.M. 2011).

Opinion

OPINION

MAES, Justice.

{1} Timothy Sandoval (Defendant) was convicted of the second-degree murder of Jeff McCormick (McCormick) contrary to NMSA 1978, Section 30-2-l(B) (1994). The central issue at trial was whether, at the time McCormick was shot, he was a mere bystander or an actual participant with the two other men involved in the altercation. The Court of Appeals determined that the self-defense and defense of another jury instructions issued at Defendant’s trial constituted fundamental error because the instructions failed “to adequately and accurately describe Defendant’s theory of defense” based on a confrontation with multiple assailants, impermissibly lessened the State’s burden of proof, and misstated the applicable law. State v. Sandoval, 2010-NMCA-025, ¶¶28, 29, 32, 147 N.M. 465, 225 P.3d 795. The Court held that reversal of Defendant’s conviction was necessary to prevent a miscarriage of justice. Id. ¶ 33. We hold that the instructions were not a correct statement of the law, but because the jury could have found that Defendant acted in self-defense and defense of another without considering McCormick as an assailant, issuing the instructions did not constitute fundamental error. We reverse and remand this case to the Court of Appeals to consider the issues not previously addressed.

I. FACTS AND PROCEDURAL HISTORY

{2} This appeal requires us to determine whether Defendant was entitled to the self-defense and defense of another instructions, and therefore we “review the evidence in the light most favorable to the giving of the self-defense [or defense of another] instruction.” State v. Ellis, 2008-NMSC-032, ¶2, 144 N.M. 253, 186 P.3d 245.

{3} Ross “Chino” Ramos (Ramos) and his brother James Arbizu (Arbizu) had been drinking beer and repairing Ramos’ Explorer when McCormick, the father of Ramos’ and Arbizu’s younger brother, called to ask for a ride home from work. After picking up McCormick in the Explorer, the three men stopped at a gas station to buy cigarettes. Defendant and Vanessa Couch (Girlfriend) were at the same gas station, filling Girlfriend’s car. After Defendant paid for the gas and exited the store, a verbal altercation occurred between Defendant and certain occupants of the Explorer.

{4} Girlfriend testified that the passengers of the Explorer called Defendant to their vehicle and started yelling “East Side.” At some point during the altercation, Arbizu got out of the Explorer and started walking toward Defendant. According to Girlfriend, Defendant told Arbizu that he did not know who he was and did not “want any problems.” Arbizu testified that it was Defendant who approached the Explorer at the gas station and asked whether the two had gone to school together.

{5} Defendant returned to Girlfriend’s car, and she sped away. The three men in the Explorer followed Defendant and Girlfriend. Ramos was driving, Arbizu was sitting in the front passenger seat, and McCormick was sitting in the back, passenger-side seat. Ramos forced Girlfriend’s car off the road and stopped in front of her car. Holding a gun, Arbizu exited the Explorer first, followed by Ramos. Defendant exited Girlfriend’s car, also with a gun in hand. Ramos put his hands in the air, telling Defendant to lower his gun. As Defendant put his gun down, Ramos reached to his side, as if he had a gun. A rapid succession of shots followed.

{6} Defendant fired his semiautomatic weapon at least eight times. Arbizu raised his gun, which had been cocked and loaded with eight rounds of ammunition, but one of Defendant’s bullets struck and disabled the gun. Arbizu suffered gunshot wounds to the shoulder, chest, neck, and both hands. Ramos was shot twice in the head and died at the scene.

{7} At some point during the altercation, the back door of the Explorer opened and McCormick’s legs became visible. Defendant fired two shots into the back of the Explorer. One shot traveled through the Explorer without hitting McCormick. The first bullet’s trajectory indicated that Defendant was standing between two and four feet from the Explorer when he fired the gun. Defendant fired the second shot while holding the muzzle of his gun less than six inches from McCormick’s lips. The autopsy later revealed that McCormick was shot once; the bullet entered the side of his mouth and exited through the back of his head. Blood stains on the seat and floorboard indicated that McCormick was nearly prostrate when he was shot, with his head six to twelve inches above the seat cushion. Lieutenant Jeff Noah, of the Valencia County Sheriffs Department, was dispatched to the scene and discovered McCormick laying lifeless in the back seat of the Explorer with his feet dangling out the passenger side door, clutching a package of cigarettes.

{8} Other than Girlfriend and Arbizu, Perry Sanchez (Sanchez), who testified for the State, was the only other eyewitness. Sanchez was in his barn when he saw two vehicles stop along the road. Sanchez stated that he saw Defendant exit Girlfriend’s car and two individuals exit the Explorer, Arbizu and Ramos. Sanchez saw Defendant point a gun at Ramos who told Defendant to “[p]ut your gun down, homes____” Sanchez turned away as Defendant and Arbizu were lowering their guns. He heard gunfire, and looking back, Sanchez saw Defendant shoot into the back window of the Explorer and then leave in Girlfriend’s car.

{9} Defendant turned himself in to law enforcement within twenty-four hours of the incident and was charged with, inter alia, two open counts of murder, one as to Ramos and the other as to McCormick, and one attempted open count of murder as to Arbizu. Prior to trial, the State dismissed the attempted murder charge.

{10} Although Defendant did not testify, Defendant called Girlfriend to the stand to establish a claim of self-defense and defense of another. Girlfriend testified that during the shooting she was scared for her life as well as Defendant’s life. The trial court issued two self-defense instructions, one as to the killing of Ramos and one as to the killing of McCormick. Both self-defense instructions read as follows:

Evidence has been presented that [Defendant] killed [Ramos or McCormick] in self defense.
1. The killing is in self defense if:
2. There was an appearance of immediate danger of death or great bodily harm to [Defendant] as a result of his confrontation with Ross Ramos and James Arbizu; and
3. [Defendant] was in fact put in fear by the apparent danger of immediate death or great bodily harm and killed [Ramos or McCormick] because of that fear; and
4. A reasonable person in the same circumstances as [Defendant] would have acted as [Defendant] did.
The burden is on the state to prove beyond a reasonable doubt that [Defendant] did not act in self defense. If you have a reasonable doubt as to whether [Defendant] acted in self defense you must find [Defendant] not guilty.

(Emphasis added.) Similarly, the trial court issued two defense of another jury instructions.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 NMSC 022, 258 P.3d 1016, 150 N.M. 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sandoval-nm-2011.