State v. Whittaker

568 N.W.2d 440, 1997 Minn. LEXIS 637, 1997 WL 527925
CourtSupreme Court of Minnesota
DecidedAugust 28, 1997
DocketCX-96-1641
StatusPublished
Cited by59 cases

This text of 568 N.W.2d 440 (State v. Whittaker) 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. Whittaker, 568 N.W.2d 440, 1997 Minn. LEXIS 637, 1997 WL 527925 (Mich. 1997).

Opinions

OPINION

ANDERSON, Justice.

Late in the evening of January 29, 1996, two armed men forcibly entered a home in the city of Minneapolis, Minnesota and shot two of its residents, fatally injuring one of them. Appellant Karon Allen Whittaker was arrested shortly after the homicide while running away from the crime scene. When arrested, Whittaker was wearing a jacket which resembled the witnesses’ descriptions of the clothing worn by one of the armed men. A grand jury indicted Whittaker on ten charges: first-degree murder, attempted first-degree murder, seven counts of assault, and first-degree burglary. A jury found Whittaker guilty of all of the charges, and the court imposed an aggregate sentence of life imprisonment plus 396 months. On appeal, Whittaker raises five grounds for reversal of his convictions: (1) grand juror bias in violation of his due process rights; (2) improper exclusion of reverse Spreigl evidence; (3) improper prosecutorial comment on his exercise of the right to remain silent; (4) insufficient evidence to support his convictions; and (5) unfair multiple consecutive sentencing. We affirm.

Monday, January 29, 1996, was a eolder-than-usual, mid-winter evening in Minneapolis, with temperatures reaching thirteen to twenty degrees below zero. At approximately 11 p.m. that evening, eight persons were gathered at Barbara Brandt’s residence at 2126 Fourth Street North in Minneapolis. Barbara Brandt (Brandt) was packing moving boxes in the kitchen. Brandt’s son, 18-year-old Bradley Ruedebusch (Brad), who lived at the residence, was eating pizza in the kitchen. Ronald Fairbanks (Fairbanks), a friend of Brandt’s who lived at the residence, [444]*444was also eating pizza in the kitchen. Brandt’s brother-in-law, Kevin Schmitt, was sitting at the dining room table playing Yahtzee with Brandt’s daughter, 12-year-old Pamela Brandt (Pamela), and Brandt’s brother, Curtis Ruedebusch. Brandt’s sister, Bonnie Schmitt, was in the dining room talking on a cordless telephone. Brad’s friend, Myron Stokes (Stokes), was eating pizza in the dining room.

It is undisputed that Brad had been selling marijuana out of the Brandt residence. Brandt thought that Brad kept up to $2,000 in a pop can safe in the basement. Stokes thought that Brad may have kept in his possession up to $20,000 in cash proceeds from selling marijuana.

Sometime before 11:20 p.m., Stokes answered a knock at the front door. He heard a person say, “Is Brad there?” Two African-American men were at the door. One of the men was wearing a jacket with red as the prominent color and the other was wearing a dark black coat or jacket. Each of the men wore some kind of face covering. Fairbanks testified that the man in the red jacket carried a semi-automatic pistol, and the man in the black coat carried a sawed-off rifle.

The two armed men entered the residence and began issuing instructions. Stokes was ordered at gunpoint to get down on the floor, and told to crawl beneath the dining room table. Stokes was then told to put his arms up on a chair. The man in the red jacket ordered Pamela to get under the dining room table. Kevin Schmitt laid down on the dining room floor. Bonnie Schmitt froze in place, and the man in the dark jacket told her four different times to get down. After the fourth time, Kevin Schmitt grabbed her, pulling her down to the floor. Curtis Ruede-busch hesitated in his response to the instructions, and one of the men put a gun to the side of his head and told him to get down because all he wanted was the money. Curtis Ruedebusch complied, and laid on top of Pamela under the dining room table.

In addition to the two armed men who forcibly entered the Brandt residence, Stokes thought he saw a third person wearing a brown “cargo” jacket subsequently enter the residence and run upstairs. Kevin Schmitt also thought he heard someone run upstairs. This third person was not heard or seen again in the residence.

The man in the red jacket entered the kitchen, pointed his gun at the people in the room, and said, “Give up the money,” or “Where’s the money at?” The man in the black coat followed the man in the red jacket into the kitchen. Brad put up his hands, said, “What’s up, man. What’s up?” and then picked up a kitchen knife. Brad held the knife up, but Brandt and Bonnie Schmitt yelled at him to put the knife down, and at some point he dropped the knife.

At about this time, Brandt’s dog jumped up on the man with the red jacket, and the man shot and killed the dog. Brad then began wrestling with the man in the black coat. The man in the red jacket pointed his gun at Brad. Fairbanks said, “Don’t shoot,” but the man turned toward Fairbanks and shot him once, then turned toward Brad and shot him several times, and then turned back and shot Fairbanks several more times.

After the shooting, Brandt was crying and told the two armed men to please get what they wanted and leave. One of the men then ran downstairs to the basement and came back upstairs. The man then kicked Brad a couple of times and said “Let’s get out of here.” At this point, the two armed men ran out the front door. The two men were in the house between five and ten minutes. After the two men left, Brandt and Bonnie Schmitt immediately called for an ambulance and for the police. Brad died at the scene of gunshot wounds. Fairbanks survived after being shot once in the left hip and three times in the right hip.

Sometime between 11:18 and 11:21 p.m., Minneapolis Police Officer Gregory Zipoy was driving south on Fourth Street North, and as he crossed the intersection of 22nd Avenue, he observed an African-American male on the sidewalk in the south two-thirds of the block. The man was wearing dark clothing and a black hat. The man crossed over from the main sidewalk to the boulevard, walked across Fourth Street, and continued walking in the street on 21st Avenue. Two minutes after observing this individual, [445]*445Officer Zipoy received a radio call about the shooting at 2126 Fourth Street North.

That same evening, Minneapolis Police Officer Mark Beaupre was sitting in his private car working as an off-duty security guard for Kemps Dairy Company. His car was facing east, 10 to 15 feet away from the intersection of Fourth Street North and 21st Avenue. This is approximately one-half block south of the Brandt residence. At about the time of the homicide, Officer Beaupre saw three African-American males run by his ear. Two men in dark clothing were on one side of the street and one man in a “red jacket with white stripes” was on the other side of the street. Officer Beaupre first saw the men heading south on Fourth Street North. Then, he observed them head west on 21st Avenue and turn south on Lyndale Avenue. A few minutes after seeing the three men— about 11:23 p.m. — Officer Beaupre heard a call on his police radio reporting a possible shooting at the Brandt residence. Within a minute, Officer Beaupre used his radio to advise other officers that possible suspects had run by him.

Minneapolis Police Officers Gregory Kos-san and James Burns were on patrol duty together that evening and heard the radio call about the shooting. They also heard a dispatch of Officer Beaupre’s observations. The two officers spotted two men “starting to walk together” near the intersection of Aid-rich Avenue North and 18th Avenue. This is approximately three and one-half blocks southwest of the Brandt residence. One of the men was wearing a red and white “Starter” jacket and the other was wearing a black jacket.

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Cite This Page — Counsel Stack

Bluebook (online)
568 N.W.2d 440, 1997 Minn. LEXIS 637, 1997 WL 527925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-whittaker-minn-1997.