State of Iowa v. Johnnie Lee Boutchee
State of Iowa v. Johnnie Lee Boutchee
Opinion
Johnnie Boutchee concedes he assaulted his girlfriend, T.T., and his housemate, J.R. Those assaults led to jury verdicts finding Boutchee guilty of two counts of willful injury causing serious injury, as well as one count each of attempted murder and going armed with intent. On appeal, Boutchee challenges the sufficiency of the evidence for attempted murder and going armed with intent. Boutchee also claims his trial attorney should have objected to expert testimony from J.R.'s treating physician. Finally, Boutchee contests the district court's order that he reimburse court costs without consideration of his reasonable ability to pay. Finding ample evidence to support the jury verdicts and no cause for his counsel to object to the doctor's testimony, we affirm Boutchee's convictions. As for the restitution issue, we conclude Boutchee's complaint is premature.
I. Facts and Prior Proceedings
Boutchee called 911 around 5 a.m. on December 5, 2016, telling the dispatcher his girlfriend was having a medical emergency and "needs some help." When paramedics arrived, they discovered two people who needed help. Not only was Boutchee's girlfriend, T.T., bleeding from multiple stab wounds in the bedroom. But in the living room, paramedics found J.R., bloody and barely conscious, on the floor. J.R. had visible head injuries and a laceration on his wrist. Safely in the ambulance, J.R. identified Boutchee as his attacker.
Boutchee and his girlfriend had been out partying the night before. Boutchee was arrested, but returned home early in the morning. T.T. told the jury: "I was still sleeping, and Johnnie B. opened the door of the bedroom, turned the light on, took the bedspread and the sheet off of me, because I had my head over the bedspread and sheet. He told me to get up." Then Boutchee moved back and forth between the bedroom and living room, where J.R. had been sleeping on the couch. Boutchee took a metal baseball bat from beside the TV stand and twirled it around. Boutchee told J.R. "how much he hated" him and punched J.R. in the face with his fists and "started smashing" him with the bat, according to J.R.'s testimony. J.R. estimated Boutchee hit him more than two dozen times "all over his head." J.R. told the jury:
So I was in and out of consciousness a lot. I don't know how long I was out, but I-I was woke up to a knife going into my wrist, and Mr. Boutchee said to me, I know you love Jesus, but I love the devil, and I'm here to do the devil's work.
J.R. also recalled Boutchee saying he was going to "do you both" so he could "go to prison forever" and "I'm killing you. Hurry up and die." J.R. pretended to be dead so Boutchee would leave him alone.
Boutchee also showed T.T. a pocket knife with blood on the blade. Boutchee slashed the knife near T.T's throat and stabbed her several times in her neck and head. As she struggled to stay alive, T.T. convinced Boutchee to call 911. The ambulance transported her to the local hospital and then to University Hospitals in Iowa City. She required several weeks of hospitalization, underwent physical therapy, and suffered permanent paralysis on her left side from the stab wounds.
In addition to his head and wrist injuries, J.R. suffered pelvic fractures and a lacerated spleen, which were not detected by medical personnel until he returned to the hospital a week after the assault. When Dr. Gregory Casey saw J.R. in the Ottumwa emergency room on December 11, 2016, he ordered a CAT scan revealing the pelvic fractures and "a pretty significant" injury to the patient's spleen, which required continuing observation to ensure it did not bleed to the point of requiring surgery.
For his attack on J.R., the State charged Boutchee with attempt to commit murder, a class "B" felony, in violation of Iowa Code section 707.11(1) (2016), and willful injury causing serious injury, a class "C" felony, in violation of Iowa Code section 708.4(1). For his attack on T.T., the State charged Boutchee with a second count of willful injury causing serious injury. For his conduct of shuttling between the two victims-knife in hand-the State charged Boutchee with going armed with intent, a class "D" felony, in violation of Iowa Code section 708.8. The State added habitual-offender enhancements to all the felonies but the attempted murder. A jury returned guilty verdicts on all counts. The district court sentenced Boutchee to a combination of consecutive and concurrent terms of incarceration not to exceed forty years.
In his appeal, Boutchee questions the sufficiency of the State's proof for the elements of going armed with intent and attempted murder. Boutchee's counsel preserved error by moving for judgment of acquittal on the going-armed offense but waived any test of the attempted-murder count. Accordingly, Boutchee pursues his challenge to the latter conviction by alleging ineffective assistance of counsel. Boutchee also argues counsel was remiss in not objecting to Dr. Casey's opinion that J.R.'s pelvic and spleen injuries were consistent with being assaulted with a baseball bat. Finally, Boutchee disputes the court's order that he repay court costs-without a finding of his reasonable ability to pay.
II. Scope and Standards of Review
Because Boutchee's complaints about the competency of his trial counsel spring from the Sixth Amendment, we review them de novo.
See
State v. Canal,
Boutchee bears the burden to show his attorney failed to perform an essential duty and prejudice resulted.
See
State v. Button
,
III. Legal Analysis
A. Did the State offer substantial evidence to support the jury's verdict for going armed with intent?
To convict Boutchee of going armed with intent, the State had the burden to prove, beyond a reasonable doubt, that (1) Boutchee was armed with a knife; (2) the knife was a dangerous weapon; (3) Boutchee had the specific intent to use the knife against another person; and (4) while armed with the knife Boutchee moved from one place to another.
See
Boutchee argues the State's evidence of movement was insubstantial because he was not pursuing a victim when he drifted between the bedroom and the living room, and the evidence suggested he consistently carried the pocket knife with him.
1
We do not find his arguments convincing. As the State argues, "[i]t does not matter which victim Boutchee attacked first-either way, the evidence showed that he formed a specific intent to inflict injury using the knife and then brought it from one room to the other." The district court properly overruled the motion for judgment of acquittal on this count.
See
State v. Outlaw
, No. 06-0063,
B. Was counsel ineffective for not moving for judgment of acquittal on the attempted-murder count?
Boutchee argues his attorney breached an essential duty by not seeking a judgment of acquittal on the charge of attempted murder. Boutchee insists he suffered prejudice by counsel's omission because the State offered insufficient evidence of two elements. To convict Boutchee of attempted murder, the State was required to prove the following elements: (1) Boutchee assaulted J.R.; (2) By his acts, Boutchee expected to set in motion a force or chain of events which would cause or result in the death of J.R.; and (3) when Boutchee acted, he specifically intended to cause the death of J.R.
See
Boutchee focuses on J.R.'s recounting of the violent assault, asserting the victim's "credibility was called into question." Boutchee highlights inconsistencies in the testimony from several witnesses for the State. But any nicks in the veracity of a witness are left to the inspection of the jury.
See
State v. Sauls
,
The jury was entitled to believe J.R.'s recollection of what Boutchee said during the attack. For instance, Boutchee expressed his hatred of J.R. and described his own mission as "the devil's work." Boutchee welcomed the possibility of a lengthy prison sentence for his acts and urged J.R. to "hurry up and die." Boutchee's own words exposed his expectation of setting in motion a chain of events that could lead to J.R.'s death, as well as his specific intent to cause that death. And the repeated blows to J.R.'s head and the slashing of his wrist-both locations on the body vulnerable to mortal injuries-qualified as overt acts in furtherance of Boutchee's specific intent to kill J.R. The State may establish an actor's specific intent by circumstantial as well as direct evidence.
See
State v. Crandall
,
C. Was counsel ineffective for not objecting to Dr. Casey's opinion?
Boutchee believes the doctor who diagnosed J.R.'s pelvic and spleen injuries gave improper expert testimony and contends his trial attorney performed below expectations by not lodging an objection. The prosecutor asked Dr. Casey if J.R.'s injuries were "consistent with having been received in an assault." The doctor answered "Yes." The doctor acknowledged J.R. reported tripping the day he came to the emergency room but opined the patient's injuries did not result from the fall, explaining, "It's almost impossible to fall from-you know, if I'm standing up, my center of gravity is about three feet from the ground. It's hard to fall from three feet to the ground and develop enough force to cause pelvic fractures. That's inconceivable to me."
Boutchee argues the doctor's testimony was impermissible because it "was, in effect, an expert opining that [J.R.] was to be believed." Boutchee cites to our supreme court's trilogy of cases on expert witness vouching.
See
State v. Brown
,
Here, Dr. Casey did not offer an opinion, directly or indirectly, on the truthfulness of J.R.'s testimony. J.R. told the jury he only remembered Boutchee hitting his head with the baseball bat but, because he suffered injuries to his pelvis and spleen, J.R. believed that while he was unconscious Boutchee struck him "all over"; he had no personal recollection of an attack to his chest, abdomen, and pelvis. Dr. Casey noted on December 11 that J.R. had bruising on his body that was "more than several days old. He had bruising to his chest wall, to his rib cage over where his spleen was, and bruising to his pelvis, and that bruising was not acute. That was days old. You can tell that based upon the coloration." Because J.R. did not venture an independent recollection of being struck in the chest or abdomen, Dr. Casey's opinion that J.R.'s pelvic and spleen injuries were consistent with an assault corroborated the circumstantial evidence, not the credibility of J.R.'s testimony. Boutchee's attorney had no cause to urge a useless objection to the doctor's testimony.
See
Ray
,
D. Did the district court properly order restitution for court costs?
As his final assignment of error, Boutchee claims the district court erred in ordering him, under Iowa Code section 910.3, to pay court costs "in an amount that will be later certified by the Clerk of Court." He asserts his obligation totals $4060.75, citing Iowa Courts Online. Boutchee argues we should vacate that portion of the judgment order because the district court did not determine whether he had the reasonable ability to pay that amount.
See
The State tags Boutchee's concerns as premature and asserts the checked box requiring repayment of court costs was not a "final restitution order" under
State v. Swartz,
AFFIRMED.
Boutchee cites dicta from our unpublished opinion in
State v. Smith
, No. 26-1201,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.