Stringer v. State

836 P.2d 609, 108 Nev. 413, 1992 Nev. LEXIS 90
CourtNevada Supreme Court
DecidedJuly 2, 1992
DocketNo. 22008
StatusPublished
Cited by2 cases

This text of 836 P.2d 609 (Stringer v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stringer v. State, 836 P.2d 609, 108 Nev. 413, 1992 Nev. LEXIS 90 (Neb. 1992).

Opinion

OPINION

Per Curiam:

Appellants were convicted by a jury of first degree murder. Both appellants claim on appeal that their respective police confessions were improperly obtained and that these confessions should not have been admitted at trial. One appellant also claims that he was unfairly prejudiced by the trial court’s admission of certain pictures and literature dealing with white supremacist philosophy. We conclude that the trial court did not abuse its discretion and affirm the convictions.

THE FACTS

Matthew David Faessel (“Faessel”) and Michael Stringer (“Stringer”) associated themselves with a group of white supremacists known as “skinheads.”

On December 9, 1988, Stringer invited a female acquaintance, Angela Stanley (“Stanley”), to a skinhead party held at an apartment in Sparks, Nevada. Stanley came to the party with Justine Figurski (“Figurski”) and Katrina Tunno (“Tunno”).

[415]*415Upon their arrival, the young women began drinking with the approximately ten to fifteen other people at the party. Figurski knew little about skinheads, although she understood that “they didn’t like blacks.” Soon, Figurski was drawn into a discussion about skinhead philosophy. Taking issue with the racial philosophy of the skinheads, and in an effort to prove that “black people aren’t bad,” Figurski boldly announced that she had black friends. Figurski then stated that she had “been raped by a black guy and a white guy and that either could do bad.” This statement sent several members of the group into a rage. One of the enraged skinheads became so infuriated at Figurski’s comment that he made a violent attempt to strangle her before he was subdued by others at the party.

At this point Stanley and Stringer left the party for a short time in Figurski’s car. When they returned, they saw Faessel screaming in the middle of the street. Apparently still upset at hearing that Figurski had once been raped by a black man, Faessel told Stringer and Stanley that he was on his way to a nearby store to “stab anybody.” Stringer and Stanley convinced Faessel to abandon his plan and join them. Faessel then entered the back seat of Figurski’s car, and the group drove away.

While riding in Figurski’s car, Faessel and Stringer decided that they would vent their anger by shooting a black person. Stanley drove to the house of a fellow skinhead, where Faessel had been keeping a gun and ammunition.1 Faessel ran into the garage and returned with bullets about fifteen minutes later. Stanley testified that she first became aware that Faessel had a gun when he began loading it in the back seat of Figurski’s car as she drove away from the house.

As they drove away, Stringer rolled down his window to allow Faessel to shoot from the back seat, and Faessel began shooting at inanimate objects. The group then drove to a predominately black neighborhood in Reno, referred to by skinheads as “brown town,” for the sole purpose of “shooting a nigger.” Stringer helped Faessel locate a human target. After passing up one possible victim, the group spotted a second person walking alone along the street. Faessel apparently had already taken aim when Stringer stopped him, saying, “Don’t shoot him, he’s white.”

Tony Lydell Montgomery (“Montgomery”) was the unfortunate third person spotted by Stringer. At approximately 1:30 a.m., on December 10, 1988, Montgomery was walking toward the group’s vehicle on the left hand side of the street in Reno. [416]*416Once Stringer was sure Montgomery was black, he told Stanley to turn the car around and follow him. As the car approached Montgomery, Stringer rolled his window down and Faessel fired seven shots, one of which fatally wounded Montgomery. The other six shots struck two homes located immediately behind Montgomery. After being shot, Montgomery grabbed his chest and ran across the street, collapsing on the doorstep of his home. Faessel screamed: “I think I got him. I must have got him. Look at him run.” Stringer was laughing and exclaimed: “Yes, we got him.” In celebration of their act, Stringer and Faessel exchanged “a high five and a Sieg Heil.” Stanley then drove them back to the party.

When the group returned to the party, Faessel lifted up his jacket and pulled out the gun. Although they had warned Stanley to remain silent about the incident, Faessel and Stringer bragged to others about the shooting. The murder weapon was given to Peggy Morris (“Morris”) for safekeeping.

A few days later, Donna Pool (“Pool”), mother of one of the other skinheads, learned what happened from Cora Wade, who lived at the Sparks address where the party was held. As a result, Pool called “Secret Witness” to report the incident. Upon learning that they were being investigated by the police, Faessel and Stringer told Morris to get rid of the gun. Morris disposed of the gun in the Truckee River. After Morris disposed of the gun, Stringer confessed to her that he and Faessel had in fact shot a black person.

A few days after the shooting, Faessel was picked up by Reno police and taken in for questioning. Faessel denied any involvement in the shooting. Once released, he left immediately for his mother’s home in Bakersfield, California. Faessel later admitted that his departure resulted from his fear of eventually being arrested for murder.

On December 28, 1988, Stringer was brought in for questioning. After agreeing to talk to police, Stringer attempted to convince his interrogators that he was simply a non-participating witness. However, Stringer was arrested after the interview as an accessory after the fact. Based on Stringer’s testimony, police sought to apprehend Faessel and Stanley.

A few hours after interrogating Stringer, Reno police officers apprehended Stanley. During questioning, Stanley gave police a detailed account of the events surrounding the shooting.

Reno police learned of Faessel’s whereabouts through Pool, whose son received a package from Faessel with a Bakersfield return address. The Bakersfield police were contacted, and Faes-sel was apprehended on December 31, 1988. Upon being informed of Faessel’s arrest, the Reno police dispatched two officers to Bakersfield to question him.

[417]*417After waiving his Miranda rights, Faessel spoke with the Reno officers for about two hours before confessing to his participation in the shooting. Faessel’s confession included an admission that he and Stringer had given the murder weapon to Morris and asked her to “get rid of it.” After Reno police subsequently searched her bedroom, Morris voluntarily retrieved the rifle from the Truckee River and gave it to police.

Both Faessel and Stringer filed separate motions to suppress their respective confessions on the grounds that they were not given voluntarily. Following separate suppression hearings, the district court ruled the confessions admissible. Stanley ultimately pled guilty to second degree murder in exchange for her testimony.

A jury convicted Stringer and Faessel of murder with the use of a deadly weapon, conspiracy to commit murder, and two counts of discharging a firearm into a dwelling. In addition, Stringer was convicted of being an accessory to murder. The district court sentenced both Stringer and Faessel to two consecutive life sentences with the possibility of parole for the murder charge plus an additional eighteen years for the other counts.

DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
836 P.2d 609, 108 Nev. 413, 1992 Nev. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stringer-v-state-nev-1992.