State v. Stay
State v. Stay
Opinion of the Court
In this direct appeal from his conviction of and sentence for first-degree manslaughter, appellant David Stay argues that the district court reversibly erred when it instructed the jury that first-degree manslaughter does not require proof that death or great bodily harm be reasonably foreseeable if the underlying offense is a fifth-degree assault, and that it further erred by accepting inconsistent verdicts finding appellant guilty of fifth-degree assault and first-degree manslaughter but not guilty of first-degree assault. We affirm.
FACTS
On May 13, 2016, appellant spent most of the evening drinking, socializing, and playing various games at a restaurant and bar. D.T. was also at that bar and, by the time the bar closed at 1:00 a.m., D.T. had an alcohol concentration of at least 0.21.
Around 1:00 a.m., appellant was outside the bar. He yelled and became aggressive toward A.B., a friend of D.T. A.B. entered the bar to report appellant's aggression to the bartenders. D.T. came out of the bar and began poking, pushing, and yelling at appellant. After several pushes and pokes by D.T., appellant punched D.T. once in the face.
D.T. was transported by ambulance to a nearby emergency room and later air-lifted to another hospital. Despite medical efforts, D.T. died at 3:56 a.m. A neurologist reported that, in her expert opinion, D.T. died "due to a combination of blunt *358force craniocerebral trauma... potentiated by alcohol concussion syndrome." In ordinary language, D.T.'s brain was injured by blunt force trauma in such a manner, likely exacerbated by his elevated blood alcohol concentration, that it was unable to transmit the signals necessary for D.T.'s heart and lungs to function, and he died as a result.
After the assault but before D.T. died, police located appellant near his fishing cabin. Appellant initially admitted that he had punched D.T. in the face and that he "coulda made a better choice there's no doubt about it." After D.T. died, appellant was interviewed a second time by a police detective, and appellant described having "retaliated" against D.T.'s pushing and that "it was an over like too hard of a punch for the situation."
Appellant was initially charged with first-degree assault, first-degree-manslaughter, and fifth-degree-assault, and the case was tried to a jury.
Appellant requested that the district court instruct the jury that first-degree manslaughter requires that death or great bodily harm be reasonably foreseeable as a result of fifth-degree assault as a predicate offense. After hearing arguments concerning the elements of first-degree manslaughter with fifth-degree assault as a predicate offense, the district court declined to include foreseeability of death or great bodily harm as an element. In its instructions to the jury on the elements of first-degree manslaughter, the district court instructed the jury as follows:
Count 1, Manslaughter in the First Degree-While Committing Assault in the Fifth Degree-Defined. Under Minnesota law, whoever, in committing assault in the fifth degree, causes the death of another is guilty of manslaughter in the first degree.
The elements of manslaughter in the first degree are: First, the death of [D.T.] must be proven. Second, the [appellant] caused the death of [D.T.]
Third, the death of [D.T.] was caused by [appellant] committing an assault in the fifth degree.
....
It is not necessary for the State to prove any intent on the part of [appellant] to kill anyone. Fourth, [appellant's] act took place on, or about May 13 through 14, 2016, in Mille Lacs County.3
The jury found appellant guilty of first-degree manslaughter and fifth-degree assault, but found him not guilty of first-degree assault. The district court sentenced appellant to 51 months in prison for first-degree manslaughter and did not sentence appellant for fifth-degree assault.
This appeal followed.
ISSUES
I. Did the district court err by not including the reasonable foreseeability of death or great bodily harm as an element of first-degree manslaughter in the jury instructions?
*359II. Did the district court err by accepting inconsistent verdicts, a not-guilty verdict on first-degree assault and guilty verdicts on fifth-degree assault and first-degree manslaughter?
ANALYSIS
I. The district court's first-degree manslaughter jury instructions were not erroneous.
violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable , and murder in the first or second degree was not committed thereby.
The parties agree that section 609.20(2) identifies two ways that first-degree manslaughter may be committed. What we will call the "fifth-degree-assault clause" identifies one way, and what we will call the "misdemeanor-offense clause" identifies a second way to commit first-degree manslaughter. The issue before us concerns what the words "with such force and violence that death of or great bodily harm to any person was reasonably foreseeable" modify. We will call this the "reasonable-foreseeability modifier." The case comes down to this: Does the reasonable-foreseeability modifier apply to both the fifth-degree-assault clause and the misdemeanor-offense clause, or does it apply only to the latter?
Before instructing the jury, the district court wrestled with this question in discussions with counsel. The district court observed:
I think when I was originally looking at this and thought the reasonable foreseeability prong belonged in there, it was sort of in like what [defense trial counsel] is saying the history of my understanding of what manslaughter was. The problem is I don't actually even think that the statute is ambiguous now that I've read it multiple times.
I think the statute is pretty straight forward, if it had meant that I was supposed to include, "reasonable foreseeability" there will be ... commas after the, and causes the death of another, "comma" or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense, "comma" with such force or violence, and then we would know by the plain reading of the statute that the with force or violence in reasonable foreseeability applied to both. They ... do not have that punctuation in there.
The district court went on to explain that its interpretation that the reasonable-foreseeability modifier does not apply to the fifth-degree assault clause is consistent with the pattern jury instruction. Over appellant's objection, the district court did not include the reasonable-foreseeability modifier when it instructed the jury.
Appellate courts review the interpretation of a statute de novo.
*360State v. Riggs ,
Both parties argue that section 609.20(2) is unambiguous. Appellant argues that the reasonable-foreseeability modifier unambiguously applies to both the fifth-degree-assault clause and the misdemeanor-offense clause. The state contends that the reasonable-foreseeability modifier unambiguously applies only to the misdemeanor-offense clause. The parties do not contest the meaning of any word in the statute. They disagree about how the words relate to one another. We, therefore, must turn to rules of grammar to interpret the statute.
Appellant contends that
The series-qualifier rule provides that "when several words are followed by a clause which is applicable as much to the first and other words as to the last, the natural construction of the language demands that the clause be read as applicable to all." In re Estate of Pawlik ,
In contrast, the state argues that the "first two clauses [of section 609.20(2) ] are separated by a disjunctive conjunction (the word 'or') which indicates they are the alternative factual bases," while only the "second and third clauses are separated by a comma, which indicates that what follows the comma applies to the entire provision." The state also notes the "different ordering of internal elements [namely, offense and amount of force] between the fifth-degree-assault clause and the misdemeanor-offense clause" is different, such that attaching the reasonable-foreseeability modifier to the fifth-degree-assault clause would mean such a sentence "does not connect the degree of force to the predicate offense because of the interposed causation element." The state argues that the correct rule to apply is either the last-antecedent rule or nearest-reasonable-referent rule.
*361Under the last-antecedent rule, a limiting phrase "ordinarily modifies only the noun or phrase that it immediately follows." Larson v. State ,
The nearest-reasonable-referent rule has a similar impact. "Under this grammatical rule, which closely resembles the last-antecedent rule and is often confused with it when the syntax of a sentence involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent." State v. Pakhnyuk ,
Appellant disagrees and cites to our decision in Pawlik . We determined there that "[w]hen there is a straightforward, parallel construction that involves all nouns or verbs in a series," the series-qualifier rule applies. Pawlik ,
We conclude that the series-qualifier rule does not apply here. The first two clauses of section 609.20(2) do not present a "parallel construction that involves all nouns and verbs in a series." Pawlik ,
In contrast, the fifth-degree-assault and misdemeanor-offense clauses here are not parallel constructions and are not comprised of only nouns. See
Finally, applying the last-antecedent or the nearest-reasonable-referent rule to
Although the wording of
Even if we were to conclude that
"Every law shall be construed, if possible, to give effect to all its provisions."
Before 1996, section 609.20(2) read, in relevant part, that first-degree manslaughter is committed whenever a person:
(2) causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby.
The legislative history confirms that the 1996 amendment, contrary to appellant's assertions, was intended to create a "per se manslaughter rule." The language "violates section 609.224 and causes the death of another or" was added in 1996 as part of *363an omnibus criminal-justice bill. 1996 Minn. Laws ch. 408, art. 3, sec. 13, at 365. The language in the amendment originated in the Minnesota Senate, S.F. 2714 (1996), concerning which the senate committee on crime prevention heard testimony from citizens, a police officer, and an Assistant Hennepin County Attorney. Hearing on S.F. No. 2714 Before the S. Comm. on Crime Prevention (Feb. 7, 1996).
The testimony before the senate committee concerned a 1995 case where a man was killed after being punched in the head; the man fell and hit his head on the pavement.
The assistant county attorney explained to the senate committee that the "reasonably foreseeable" language works well for misdemeanors other than assault.
The 1996 amendment expressly anticipated cases like this one, where a single punch, amounting to a fifth-degree assault, unexpectedly results in a death.
In determining the legislature's intent, courts are to presume that "the legislature does not intend a result that is absurd, impossible of execution, or unreasonable."
Leaving aside for the moment the possibility that the hypothesized groping might also be charged under the fifth-degree-assault clause of the first-degree-manslaughter statute, see
*364State v. Osterloh ,
Next, appellant contends that comparison of the various subsections of
Finally, appellant contends that we should apply the canon of lenity to arrive at his proposed interpretation of the statute. The canon of lenity requires a court, struggling with an ambiguous statute, to resolve that ambiguity in favor of the defendant. State v. Nelson ,
The district court correctly determined that
II. The district court did not err by accepting a not-guilty verdict on first-degree assault and guilty verdicts on fifth-degree assault and first-degree manslaughter.
Appellant argues that the district court committed reversible error by accepting a perverse jury verdict that found appellant not guilty of first-degree-assault, but guilty of first-degree-manslaughter and fifth-degree-assault. Appellant argues that "there is a substantial likelihood the jury inaccurately applied the law," having potentially engaged in " 'automatic guilt' reasoning."
Here, after the jury began its deliberations, it asked the district court, "If you are guilty on count III, do you have to be guilty on count I?" The district court, on the record and after consulting with counsel in appellant's presence, instructed the jury that it "should consider each offense, and evidence pertaining to it, separately. The fact that you may find defendant guilty or not guilty as to one of the charges should not control your verdict as to any other offense." Appellant's trial counsel agreed to this instruction, and appellant makes no argument on appeal that *365it was erroneous. He challenges the verdicts as legally inconsistent.
"A defendant is entitled to a new trial only if the verdict is legally inconsistent, as opposed to merely logically inconsistent." State v. Christensen ,
The Minnesota Supreme Court has held that a jury "returned legally inconsistent verdicts in finding defendant guilty of first degree premeditated murder and second degree manslaughter." State v. Moore ,
The Minnesota Supreme Court has explained that logically inconsistent verdicts do not entitle a defendant to a new trial, and that it has "reversed convictions based upon legal inconsistency only in cases involving multiple guilty verdicts that are inconsistent with one another, not in cases of alleged conflict between guilty and not-guilty verdicts." State v. Bahtuoh ,
Appellant argues that there is "a substantial likelihood the jury inaccurately applied the law." Appellant relies on the death penalty case Mills v. Maryland to support his contention that the jury applied the law inaccurately.
DECISION
Under the plain language of
Affirmed.
Appellant testified at trial. His version of events is that he was standing outside the bar when D.T. unexpectedly became aggressive. According to appellant, D.T. appeared outside and suddenly began poking him, pushing him backwards, and yelling profanities at him. Appellant testified that he did not know why D.T. was confronting him and that he punched him once in self-defense. We accept and view the facts in the light most favorable to the verdict reached by the jury.
The state added and dismissed counts before trial, but the charges actually tried were first-degree assault in violation of
These instructions conform with the pattern jury instructions in 10 Minnesota Practice , CRIMJIG 11.45, .46 (2015).
If additional elements not present in this case are proved, fifth-degree assault may constitute a gross misdemeanor or felony. See
As discussed below, appellant also argues separately that, should we determine that
One possibility here is that this jury may have determined that appellant was not guilty of first-degree assault because the result was not great bodily harm, but death. If so, this case would be an exemplar of the legislature's purpose in amending section 609.20(2) in 1996.
Reference
- Full Case Name
- STATE of Minnesota v. David Michael STAY
- Status
- Published