United States v. Staley

50 M.J. 604, 1999 CCA LEXIS 57, 1999 WL 179061
CourtNavy-Marine Corps Court of Criminal Appeals
DecidedMarch 11, 1999
DocketNMCM 98 00976
StatusPublished
Cited by1 cases

This text of 50 M.J. 604 (United States v. Staley) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Staley, 50 M.J. 604, 1999 CCA LEXIS 57, 1999 WL 179061 (N.M. 1999).

Opinion

ROLPH, Judge:

At the conclusion of his mixed plea case before a military judge sitting as a general court-martial, the appellant was convicted, in accordance with his pleas, of using provoking words and gestures, assault and battery upon LCpl H, and two specifications of drunk and disorderly conduct in violation of Articles 117, 128, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 917, 928, and 934 (1994). Contrary to his pleas, the appellant was also found guilty of a conspiracy to assault LCpl H and of the aggravated assault upon LCpl M1 in violation of Articles 81 and 128, UCMJ. The approved sentence includes confinement for 18 months, forfeiture of $600 pay per month for 18 months, reduction to E-l, and a bad-conduct discharge.

We have carefully reviewed the record of trial, the appellant’s two assignments of error, and the Government’s response. We conclude that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ.

The Conspiracy Charge

The appellant first contends that the evidence presented at his general court-martial was factually and legally insufficient to prove beyond a reasonable doubt that he and his co-accused, LCpl Hoover, entered into an agreement to assault LCpl H before the assault actually took place in the appellant’s barracks room.2 Appellant’s brief of 3 Nov 1998 at 5.

The facts surrounding this event are not in significant dispute (largely the result of appellant having videotaped the assault). The appellant was assigned to a unit in Okinawa, and resided in the barracks located on board Camp Hansen. During the weekend of 16-17 August 1997, a typhoon swept across Okinawa and all Marines on Camp Hansen were instructed to remain within their barracks. In anticipation of a lengthy “lock down,” many of the individuals residing in the barracks purchased large quantities of alcohol, including the appellant and his friends.

The testimony of various witnesses established that the appellant and his friends began drinking in the appellant’s room at approximately noon on 16 August 1997, and continued drinking into the night. LCpl Hoover, the appellant’s friend (and co-accused), testified that the five Marines who congregated in the appellant’s room were drinking, listening to music, and “being loud.” Record at 261. As the party wore on into the evening, LCpl Hoover left to retrieve some compact music discs from his room. In the hallway of the barracks, LCpl Hoover encountered LCpl H, a Marine with whom he had previously had a falling out, but their differences had, ostensibly, been subsequently resolved. He invited LCpl H to join the [606]*606party in the appellant’s room. LCpl H stated he would come up later.

Upon returning to the appellant’s room, LCpl Hoover announced to the group that he had invited LCpl H to the party, and he was “going to get him” when he arrived. The appellant, who heard LCpl Hoover’s comment, stated, ‘Yeah, bring him in here,” or words to that effect. Cpl Brumfield, another Marine present at the party, testified that he interpreted LCpl Hoover’s comment to mean LCpl Hoover intended to “beat [LCpl H] up” and the appellant’s response to mean he was “just like agreeing with [LCpl Hoover].” Record at 311. Cpl Brumfield testified that others in the room questioned LCpl Hoover’s statement, saying, “I thought that [your disagreement] was over” and “that you guys were friends now.” LCpl Hoover responded, “Aw, I a’int gonna do nothing to him; I’m just playing. We cool.” or words to-that effect. Record at 316. LCpl Hoover then left again to get LCpl H and bring him to the party. He returned approximately five minutes later and stated to the group, “H is on his way.” LCpl H arrived minutes later.

The appellant had a videotape recorder and videotaped the events taking place in his room that evening. Prosecution Exhibit 1. When LCpl H arrived, LCpl Hoover can be seen on the videotape giving the appellant a “thumbs up” signal (held against his chest) and nodding. When LCpl H demonstrated a reluctance to speak into the video-camera, LCpl Hoover confronted him [“getting all mad” and bringing up their “old stuff’] and asked him, “why are you disrespecting my boy’s (appellant’s) room and his camera?” Record at 316. Prosecution Exhibit 1 shows LCpl Hoover pushing LCpl H and commanding him in an angry voice to “get on the fucking camera, dog!” LCpl H then stood up and faced the camera. On the videotape, LCpl Hoover can be seen standing behind LCpl H and gesturing toward the appellant and the others present. LCpl Hoover made -a fist with one hand and rubbed it into his other open hand, then gave a second “thumbs up” signal to the appellant. He testified that his intent in doing so was to let the appellant and the others know “it [the assault] was about to happen, that I was going to get him.” Record at 265. The appellant then passed off the video-camera to another Marine and walked over to LCpl H. Words were exchanged and the appellant bumped chests with LCpl H, stating, ‘You’re about my size.” Moments later, both LCpl Hoover and the appellant began raining blows and kicks upon LCpl H. After being beaten and kicked, LCpl H escaped out the door when others in the room momentarily restrained his attackers.

The test for legal sufficiency is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); United States v. Turner, 25 M.J. 324 (C.M.A.1987). When applying this test, we are bound to draw every reasonable inference from the record in favor of the prosecution. United States v. McGinty, 38 M.J. 131 (C.M.A.1993)

The test for factual sufficiency is “whether, after weighing the evidence in the record of trial and making allowances for not having personally observed the witnesses ... [we are] convinced of the accused’s guilt beyond a reasonable doubt.” Turner, 25 M.J. at 325. See Article 66(c), UCMJ.

Our review of the record of trial and the graphic videotape depicting the vicious assault in question clearly convinces us that the evidence was both legally and factually sufficient to establish that the appellant and LCpl Hoover had formed an agreement to assault LCpl H before the event took place.

The agreement in a conspiracy need not be in any particular form or manifested in any formal words. It is sufficient if the minds of the parties arrive at a common understanding to accomplish the object of the conspiracy, and this may be shown by the conduct of the parties. The agreement need not state the means by which the conspiracy is to be accomplished or what part each conspirator is to play.

Manual for Courts-Martial, United States (1998 ed.), Part IV, H 5c(2); United States v. [607]*607Jackson, 20 M.J. 68 (C.M.A.1985). “The agreement need not be expressed but need only be implied to sustain a finding of guilty.” United States v. Matias, 25 M.J.

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Cite This Page — Counsel Stack

Bluebook (online)
50 M.J. 604, 1999 CCA LEXIS 57, 1999 WL 179061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-staley-nmcca-1999.