State v. Williams

525 N.W.2d 847, 1994 Iowa Sup. LEXIS 282, 1994 WL 719173
CourtSupreme Court of Iowa
DecidedDecember 21, 1994
Docket93-1814, 93-1670
StatusPublished
Cited by8 cases

This text of 525 N.W.2d 847 (State v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court 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. Williams, 525 N.W.2d 847, 1994 Iowa Sup. LEXIS 282, 1994 WL 719173 (iowa 1994).

Opinion

*849 CARTER, Justice.

These are separate appeals by two defendants tried jointly on a single trial information charging them with murder in the first degree. They were convicted of lesser included offenses. Both convictions stemmed from the same incident. The facts and proceedings are the same in both cases, so that we deem it expedient to decide both appeals in a single opinion.

Defendants were jointly charged by trial information with first-degree murder in the death of Ryan Wagehoft. The original trial information also jointly charged Tommy George McCune and Otis Penelton with the alleged crime. The trial information was later amended to eliminate McCune and Pe-nelton after those defendants pleaded guilty to lesser offenses. Defendant Williams and defendant Coleman were tried jointly, and the jury convicted Coleman of second-degree murder and convicted Williams of voluntary manslaughter. We now affirm the judgments that were entered on those verdicts.

The facts giving rise to these criminal prosecutions include the following. Defendant Williams had purchased drugs from one Ryan Henry of Iowa City and owed him a debt as a result of that transaction. After several weeks of seeking payment, Henry gave Williams a deadline of March 19, 1993. He informed Williams that if payment was not made by that time he would turn Williams’ name over to people higher up on the drug-supply ladder for appropriate action.

On March 19, 1993, defendant Williams and defendant Coleman, together with Tommy McCune and Otis Penelton, went to Ryan Henry’s mobile home in Iowa City. These four individuals possessed two loaded handguns among them. The lights were on when they arrived, but were later turned off. Ryan Henry and another resident of the mobile home, Ryan Wagehoft, were inside watching a basketball game on television with several friends.

The Williams-Coleman group honked the horn of their car several times and then disembarked and began beating on the door and windows of the mobile home. At least one window was broken. Williams told Pe-nelton, who possessed one of the handguns, to give it to someone who would use it. Penelton then gave the gun to Coleman.

Eventually, Ryan Wagehoft stepped out of the mobile home armed with a golf club. At this time, defendant Coleman fired a shot from one of the handguns, fatally wounding Wagehoft. Other facts that bear on the issues presented on this appeal will be discussed in connection with the points of law raised by the parties.

I. Coleman’s Appeal.

Defendant Coleman seeks reversal on the basis that (1) the district court abused its discretion in failing to sever the trial of the charges against him from the trial of the charges against defendant Williams, and (2) he was unduly prejudiced by an improper argument made by the prosecutor in summation.

A. The severance issue. In urging that his trial should have been severed from that of Williams, defendant Coleman relies on the criteria set forth in State v. Clark, 464 N.W.2d 861 (Iowa 1991). Those criteria suggest that severance may be warranted by any of the following factors: (1) if admission of evidence in a joint trial would have been inadmissible and prejudicial if a defendant was tried alone, (2) if a joint trial prevents one defendant from presenting exculpatory testimony of a codefendant, (3) if consolidation will produce a trial of such complexity and length that the jury will be unable to effectively compartmentalize the evidence against each defendant, and (4) if defenses presented by different defendants conflict to the point of being irreconcilable and mutually exclusive. Id. at 863-64.

Defendant Coleman bases his entitlement to a separate trial on the first element listed in the four Clark factors. He argues that evidence was admitted concerning several statements made by Kevin Williams outside the mobile home where the killing took place. Coleman asserts that the statements would have been inadmissible hearsay if he had been tried by himself. We disagree.

*850 The statements upon which defendant Coleman relies were not offered for the truth of the matters asserted but rather for the light these conversations by and between joint criminal participants would shed on the nature of the crime. With respect to Coleman, there was no issue concerning the fact that he was the party who had fired the fatal shot. He testified to that fact at trial but claimed self-defense and lack of intent to injure Wagehoft. The conversations of other participants at the crime scene were relevant to the issue of how and why Coleman obtained the gun and his intentions concerning its use. They also bear on the issue of premeditation, deliberation, and malice on Coleman’s part. They would have been admissible if he had been tried alone. See State v. Baker, 293 N.W.2d 568, 574-75 (Iowa 1980) (coparties’ declarations relating to purpose of joint criminal activity admissible as nonhearsay against joint participant). We find that defendant Coleman’s argument for granting separate trials is without merit.

B. The claim of improper summation. When replying to defendant Coleman’s summation to the jury, the assistant county attorney who prosecuted the ease invited the jury to try out the alleged murder weapon, which was an exhibit placed in evidence, for purposes of ascertaining that it took a great deal of pressure on the trigger to fire the weapon. Defendant Coleman asserts, consistent with the bill of particulars approved by the trial court, that the prosecutor in issuing this invitation pointed a gun in the direction of the jury and pulled the trigger, causing the hammer to fall.

The degree of difficulty in pulling the trigger on the alleged murder weapon had been made an issue in the case and was highlighted by matters stated in the summation by Coleman’s counsel. Consequently, we believe the prosecutor’s invitation to the jury to test the exhibit was not improper. Nor would it have been improper for the prosecutor to provide a simple demonstration of the working mechanism of the gun. See State v. Pepples, 250 N.W.2d 390, 396 (Iowa 1977) (counsel may make reasonable display of exhibits in evidence to illustrate issues in contention). Unfortunately, as confirmed by the bill of particulars approved by the trial court, the weapon with which the prosecutor made this demonstration was not the one that Coleman had allegedly fired. There were two handguns admitted as trial exhibits, and the prosecutor simply picked up the wrong one.

Although the prosecutor’s confusion over the guns was unfortunate, it does not warrant a reversal of Coleman’s conviction. It appears that it was unintentional. Because both guns had been placed in evidence and were available to the jury under proper identification as to which gun was which, we conclude that it was highly unlikely this miscue by the prosecutor served to prejudice the defendant in any material manner.

We separately consider the propriety of the prosecutor’s action in pointing a gun in the direction of the jurors.

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

Related

State of Iowa v. Arthur James Flowers
Court of Appeals of Iowa, 2025
State of Iowa v. Craig Lee Rockenbach
Court of Appeals of Iowa, 2025
State of Iowa v. Owo Robin Nyal Bol
Court of Appeals of Iowa, 2023
State of Iowaa v. Derrick Cook Maynard
Court of Appeals of Iowa, 2023
State of Iowa v. Lashawn Thurman
Court of Appeals of Iowa, 2015
State of Iowa v. Marshaun Jordan Merrett
842 N.W.2d 266 (Supreme Court of Iowa, 2014)
State v. Graves
668 N.W.2d 860 (Supreme Court of Iowa, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
525 N.W.2d 847, 1994 Iowa Sup. LEXIS 282, 1994 WL 719173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-iowa-1994.