State v. Wedebrand

602 N.W.2d 186, 1999 Iowa App. LEXIS 30, 1999 WL 711474
CourtCourt of Appeals of Iowa
DecidedJuly 23, 1999
Docket98-0787
StatusPublished
Cited by13 cases

This text of 602 N.W.2d 186 (State v. Wedebrand) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wedebrand, 602 N.W.2d 186, 1999 Iowa App. LEXIS 30, 1999 WL 711474 (iowactapp 1999).

Opinion

HUITINK, P.J.

Ryan Wedebrand appeals his convictions of first-degree murder and first-degree kidnapping. We affirm.

I. Background Facts and Procedure.

Ryan Wedebrand was charged with first-degree murder and first-degree kidnapping in the shooting death of Gregory “Sky” Erickson. Under the State’s theory, Erickson was kidnapped and murdered by members of the Los Krazy Boyz, an Estherville gang, over a disputed drug debt.

According to the State’s evidence, Luis Lua and others assaulted and abducted Erickson in Spencer on June 6, 1997. Although not present at the time Erickson was abducted, Wedebrand joined Lua and others near Estherville, Iowa, later that evening. There, Wedebrand got into a car driven by Ramiro Astello along with Lua and Erickson, whose head was covered with a pillowcase. From Estherville Ramiro Astello drove the group to a rural Iowa location where Erickson was bound, gagged, and repeatedly beaten by Wedeb-rand, Lua, and Juan and Ramiro Astello. Although Lua pointed a gun at Erickson, he did not shoot Erickson following a “not here” admonition by another member of the group. Erickson was then placed in the trunk of the car, covered by a garbage bag, and driven to an abandoned Minnesota farmstead where he was shot to death by Lua. While in route to Minnesota, Lua told Wedebrand and the others he had enough ammunition for each of them to shoot Erickson. Wedebrand shot Erickson in the hip after Lua fatally shot Erickson in the head. Although others attempted to shoot Erickson after Wedebrand, Lua’s gun jammed, and they were unsuccessful.

The record also indicates these events were the subject of extensive media attention and pretrial publicity. Wedebrand’s attempt to secure a change of venue citing extensive pretrial publicity was denied.

At Wedebrand’s trial, the jury was instructed on three alternative theories for first-degree murder. The jury was instructed as follows:

JURY INSTRUCTION NO. 15
There are three ways in which the State may prove Murder in the First Degree. Those three ways are described in this Instruction as Alternative “A”, Alternative “B”, and Alternative “C”. The ele *188 ments which must be proved in each are somewhat different. The State must prove all of the elements of Alternative “A”, Alternative “B”, or Alternative “C”, but not all the elements of all three Alternatives.
ALTERNATIVE “A”
Murder — Premeditation (Aiding and Abetting)
The State must prove all of the following elements of Murder in the First Degree:
1. On or about the 6th day of June 1997, the defendant aided and abetted in the shooting of Gregory Sky Erickson.
2. Gregory Sky Erickson died as a result of being shot.
3. The defendant acted with malice aforethought.
The defendant acted willfully, deliberately, premeditatedly and with a specific intent to kill Gregory Sky Erickson or with the knowledge that others had such specific intent.

The jury was also given two alternatives for finding .Wedebrand guilty of first-degree felony murder. 1

The jury was also instructed on the limits of Iowa’s territorial jurisdiction over this and other public offenses. This instruction provided:

JURY INSTRUCTION 14A
A person is subject to prosecution in the State of Iowa for an offense only if the offense is committed either entirely in Iowa or partly in Iowa. An offense is committed partly in Iowa if any conduct which is an element of the offense, or any result which constitutes an element of the offense, occurs within Iowa.
The State must prove beyond a reasonable doubt the offense was committed either in part or entirely in Iowa. If you find the State has not proved the offenses charged were committed in part or wholly within the State of Iowa, you must find him not guilty of that charge.

The jury returned a general guilty verdict on first-degree murder without specifying the theory of murder upon which it relied.

II. Standard of Review.

We review Wedebrand’s territorial jurisdiction challenge for errors at law. See Iowa RApp. P. 4. Wedebrand’s right to a fair trial by impartial jurors has its underpinnings in our state and federal constitutions. Irvin v. Dowd, 366 U.S. 717, 721, 81 S.Ct. 1639, 1642, 6 L.Ed.2d 751, 755 (1961); State v. Siemer, 454 N.W.2d 857, 860 (Iowa 1990). Accordingly, we review de novo the record made for purposes of challenging the denial of a motion for change of venue. State v. Gavin, 360 N.W.2d 817, 818 (Iowa 1985). Reversal is warranted only where the trial court’s decision demonstrates an abuse of discretion. State v. Robinson, 389 N.W.2d 401, 404 (Iowa 1986).

III. Change of Venue.

Pretrial publicity warrants a change of venue when “such a degree of prejudice exists in the county in which the trial is to be had that there is a substantial likelihood a fair and impartial trial cannot be preserved with a jury selected from that county.” Iowa R.Crim. P. 10(10)(b). Prejudice can be shown by publicity attending the trial which is so pervasive and inflammatory prejudice must be presumed or actual prejudice on the part of the jury exists. 2 State v. Voelkers, 547 N.W.2d 625, 629 (Iowa App.1996). Whether publicity rises to the level of being presumptively prejudicial depends on the following factors: the nature, tone, and accuracy of the articles; their timing in relation to the *189 trial; and the impact of the publicity on the jurors as revealed through voir dire. Siemer, 454 N.W.2d at 860.

We find the district court did not abuse its discretion in denying Wedeb-rand’s motion for change of venue. While there was substantial pretrial publicity concerning these events and the defendant, the district court fairly characterized the resulting media coverage as factual, informative, and accurate. We affirm on this issue.

IV. Territorial Jurisdiction.

Generally, jurisdiction necessary to prosecute a public offense rests in the courts of the state where the offense was committed. State v. Liggins, 524 N.W.2d 181, 184 (Iowa 1994).

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

Related

State of Iowa v. Randy Louis Linderman
Court of Appeals of Iowa, 2021
Martin Ray Hiatt v. State of Iowa
Court of Appeals of Iowa, 2018
State of Iowa v. Tyrone R. Washington, Jr.
Court of Appeals of Iowa, 2016
State of Iowa v. Kenneth Osborne Ary
Court of Appeals of Iowa, 2015
State of Iowa v. Thomas Lee Hansen Sr.
Court of Appeals of Iowa, 2014
State v. Serrato
787 N.W.2d 462 (Supreme Court of Iowa, 2010)
State Of Iowa Vs. Victor Serrato
Supreme Court of Iowa, 2010
State v. Anderson
2005 WI 54 (Wisconsin Supreme Court, 2005)
State v. Bradley
637 N.W.2d 206 (Court of Appeals of Iowa, 2001)
State v. Astello
602 N.W.2d 190 (Court of Appeals of Iowa, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
602 N.W.2d 186, 1999 Iowa App. LEXIS 30, 1999 WL 711474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wedebrand-iowactapp-1999.