State v. Turner

877 P.2d 978, 265 Mont. 337, 51 State Rptr. 467, 1994 Mont. LEXIS 109
CourtMontana Supreme Court
DecidedMay 24, 1994
DocketNo. 93-067
StatusPublished
Cited by4 cases

This text of 877 P.2d 978 (State v. Turner) 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. Turner, 877 P.2d 978, 265 Mont. 337, 51 State Rptr. 467, 1994 Mont. LEXIS 109 (Mo. 1994).

Opinion

JUSTICE HUNT

delivered the Opinion of the Court.

Defendant/appellant, Douglas Duane Turner, appeals from a jury verdict in the Third Judicial District Court, Powell County, convicting him of kidnapping by accountability, a felony, and five counts of deliberate homicide under Montana’s felony-murder doctrine. Appellant is an inmate at the Montana State Prison where he was present during the riot on September 22,1991, in which five inmates were killed.

We affirm.

Appellant raises three issues on appeal:

1. Did the District Court err when it failed to dismiss the felony-murder deliberate homicide convictions after the jury returned an inconclusive verdict on the burglary charge because the State failed to establish the underlying felony or prove a causal connection?

2. Did the District Court err when it failed to grant appellant’s motion to dismiss on the ground that the State failed to preserve evidence?

3. Did the District Court err when it permitted the State to exhibit autopsy photographs of the five deceased inmates?

On September 22, 1991, the Montana State Prison housed 68 inmates in the maximum security unit. Ten of these inmates were in “protective custody’ (PC) in D Block. The inmates had been placed in PC because their safety was in jeopardy from the other inmates at the prison. Within the maximum security unit, non-protective custody inmates were allowed access only to that part of the building where they were housed, unless escorted through other areas in cuffs by corrections officers. PC inmates had more privileges and less restrained access within the unit.

The maximum security unit of the Montana State Prison is a rectangular building divided into six living blocks and two central control cages. Each block has two levels, with eight cells on each level. The west side of the building contains the main control cage and Blocks A, B, and C. The east side of the building contains the satellite control cage and Blocks D, E, and F. The two control stations in the maximum security unit contain electronic consoles which control all of the unit’s gates and cell-block doors. The consoles contain keys that are used to shut off the power to the consoles. The main control cage is located in the center of the west half of the maximum security unit, and controls operations for Blocks A, B, and C, and other portions of the building. The satellite control cage controls operations for Blocks D, E, and F, and is located in the center of the east half of the unit, [341]*341across the exercise yards from the west side of the unit. The cages are enclosed in glass.

On September 22, 1991, as was routine, thirteen maximum security inmates were escorted by five correctional officers to the exercise yard of the maximum security unit. The exercise yard is located in the center of the unit, and includes six 20’ x 30’ cages enclosed with chain-link fencing. Only three inmates are allowed to exercise in one cage at a time.

On the morning of September 22, 1991, some inmates removed some chain links from the fencing of the exercise cage without notice by the correctional officers. Removal of the chain links created a hole in the fencing of the exercise cage. The correctional officers came to the yard to escort the inmates back to their cells. They began with Yard Area Five because one of the inmates in that cage told the officers he needed to use the bathroom. The five officers working the floor of the unit that day escorted three inmates from Yard Area Five to C Block, where the inmates resided.

At that time, nine of the ten inmates remaining in the exercise yard came through the openings in the exercise cage fencing, and into the west side of the maximum security unit building which housed the main control cage. When the correctional officer working the main control cage noticed the inmates rushing in, he radioed to the command post that there was a riot. Several of the escaping inmates beat on the cage doors and windows with a telephone and a fire extinguisher. The inmates were yelling as they went. The inmates shattered the window on the outside of the cage. At that point the officer feared for his life and scaled the ladder out of the cage and escaped onto the roof where he locked the hatch from the roof. The officer operating the satellite cage controls began to close the chain-link gate which separates the east and west portions of the building.

Appellant was the first inmate to enter the east side of the building. He picked up a bucket and placed it in the path of the closing gate, which propped it open. The correctional officer controlling the satellite cage called the control center for help. Then appellant ran to the east cage and smashed the cage windows with a chair. This officer also feared a face-to-face confrontation with the inmates and escaped through the roof hatch, leaving behind the console keys.

Meanwhile, the five officers who had escorted the three inmates to C Block became locked in C Block, and took refuge inside a 3’ x 5’ shower room and locked the door with a padlock. The officers remained in the shower for the duration of the riot — about three hours.

[342]*342The D Block inmates who were in PC were freed from their cells by the inmates controlling the door latches at the satellite cage. The PC inmates began breaking up broom handles for weapons to protect themselves in the event the rioters got the Block doors opened. They built a barricade on one staircase leading from the lower to the upper level of D Block. However, the rioters entered D Block through the upper level and took the PC inmates by surprise. All the PC inmates were beaten by the rioters and five of them were killed.

Testimony at trial placed appellant on D Block during the riot. He was seen by one of the beaten PC inmates walking around with William Gollehon checking to see if the PC inmates were dead, and approaching the cell of one of the PC inmates who was killed. Another PC inmate testified that appellant and Gollehon attempted to hang another PC inmate from the railing of the upper level of D Block. They were unsuccessful in that attempt and eventually pushed him off the upper level to the floor 18 feet below, which resulted in his death.

Appellant also was identified as one of the rioters who attacked two other PC inmates, and threw one over the D Block railing. This inmate also died as a result of his injuries. Numerous other witnesses placed appellant in D Block going through the fire doors and attacking other PC inmates.

Appellant testified and admitted to involvement in the riot, including the planning of the riot, the escape from the yard, placing the bucket in the doorway between the east and west sides of the building, and beating on the east control cage windows. However, he denied ever going onto D Block during the riot and denied any involvement in causing injury to other inmates. Appellant called witnesses who also were inmates charged with offenses as a result of the riot, and who testified only that appellant was not on D Block during the riot.

The riot was quelled by the prison’s Disturbance Control Team, which entered the building at approximately 2:00 that afternoon.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Rusty Russell
2008 MT 417 (Montana Supreme Court, 2008)
Demontiney v. MT. TWELFTH JUD. DIST. COURT
2002 MT 161 (Montana Supreme Court, 2002)
Demontiney v. Montana Twelfth Judicial District Court
2002 MT 161 (Montana Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
877 P.2d 978, 265 Mont. 337, 51 State Rptr. 467, 1994 Mont. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-turner-mont-1994.