Secret v. Commonwealth
Secret v. Commonwealth
Opinion
*237
A jury convicted Nicholas Charles Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the trial court erred in denying his motion to suppress his confession. The confession was given after he was informed of his rights, pursuant to
Miranda v. Arizona,
I. BACKGROUND
"In accordance with familiar principles of appellate review, the facts will be stated in the light most favorable to the Commonwealth, the prevailing party at trial."
Hilton v. Commonwealth
,
A. The Fire and Secret's Connection to the Dwelling
The fire resulting in Secret's arson and attempted first-degree murder convictions occurred in Louisa County at a dwelling known as "Heartwood" utilized by "an intentional community" of about 30 individuals identified as the "Acorn Community" ("Acorn"). 1 Heartwood was the "principal residence" or "main dormitory" at Acorn, having bedrooms both upstairs and downstairs. It was also the location of Acorn's main office, kitchen and dining area.
In early September 2013, Secret met Acorn member Paxus Calta at a community conference with a sister community and accepted Calta's invitation to come to Acorn as a guest. Calta did not specify the duration of Secret's invitation to stay at Acorn. While at Acorn, Secret camped in a tent on the Acorn property, but attended some of the weekly meetings at Heartwood and ate some of his meals there. After a week at Acorn, Secret asked if he could extend his stay as an intern. Calta testified that some of the Acorn members, "including myself, were not yet comfortable with the idea of [Secret] staying on," so they deferred their decision about Secret's extension. According to Acorn member Daniel Cook, Secret "seemed kind of distracted and kind of rough. He didn't really take instruction super well." At the end of September, Calta further explained, the Acorn members "looked at [their] numbers [and] realized [they] weren't going to have bedrooms for [Secret] and some other people [for the approaching winter months] after Thanksgiving, so [Calta] told [Secret] that he was going to have to find someplace else to go just before Thanksgiving." Calta also advised Secret, however, that he was "making members feel uncomfortable [because] his behavior had been somewhat odd and that if his behavior [did not improve] he would have to leave immediately rather than just before Thanksgiving."
Secret continued on as a guest at Acorn for approximately two more weeks, which ended on the day of the fire at Heartwood. Around 5:00 a.m. that morning, Calta, while on a computer in an office on the first floor at Heartwood, smelled smoke and discovered that the kitchen was on fire. Calta and another Acorn member, who had also discovered the fire at about the same time, yelled to the others in the building that it was on fire, after which all of the occupants managed to evacuate without serious injury. At trial, the identities of at least nine individuals who were in Heartwood at the time of the fire were established. 2 Because of the smoke and *238 flames that had spread to the stairway leading to the second floor, four of those individuals were trapped on the second floor and had to escape by climbing out of their bedroom windows onto a porch roof, and then jumping to the ground. Some of those who exited the building from the first floor detected a liquid that appeared to be gasoline or diesel fuel on the floor of the hallway near their bedrooms and the office where Calta had been working. Calta also saw fuel cans in the main living room next to the office and grabbed one of them, which was actually empty, and carried it outside. It was "absolutely" unusual to see fuel cans in the house, he explained, because they were normally stored about 200 meters away in a barn. After the fire was extinguished, everyone that was residing at Acorn was accounted for with the exception of Secret.
Special Agent Peter Lazear, an arson expert with the Virginia State Police ("VSP") who investigated the Heartwood fire, opined at trial that the fire did not start accidentally. Lazear began his investigation at Heartwood on the morning of the fire. In examining the debris from the fire, he discovered the remains of what appeared to be a five-gallon plastic gasoline container. He collected samples of the debris for forensic analysis and they tested positive for gasoline. In the dining room, Lazear found two containers full of diesel fuel and paint thinner, respectively, which would have accelerated the growth of the fire had it not first been extinguished. He also found a five-gallon gasoline container on the front porch. In addition, Lazear submitted for analysis traces of the liquid from the fuel container that Calta removed from the living room, which was identified as "fuel oil #2, slash, diesel fuel, a heavy petroleum distillate."
Lazear's examination of the stairway revealed that "the fire was beginning to extend across the stairwell and up the stairwell." He there observed the "depositing of soot from very thick, heavy dark smoke that would have encompassed this stairwell and was starting to move into the center of the structure." It was Lazear's expert opinion that a fire that produced such markings would have "engulf[ed]" the entire structure as it continued to burn had it not been extinguished.
B. Lazear's Interview with Secret and Secret's Confession
Also as part of his investigation on the day of the fire, Lazear interviewed various Acorn members and was informed of Secret's status at Acorn, his odd behavior and his sudden absence. Based on those interviews, Lazear considered Secret a suspect in the investigation by the time Lazear left the Acorn property late that afternoon. After returning to the VSP facility in Richmond, Lazear received a call regarding Secret from VSP Special Agent Del Roberts, who had assisted Lazear with the investigation. Roberts informed Lazear that, according to the Louisa County Sheriff's Department ("LCSD"), Secret had returned to Acorn. Roberts then asked Lazear if he wished to speak with Secret that evening, and, if so, would he like to speak to Secret at Acorn or the Louisa County Sheriff's Office ("Sheriff's Office"). Lazear stated that he did want to speak with Secret and would prefer to do so at the Sheriff's Office "if Mr. Secret was willing to go there of his own accord." 3 While driving back to Louisa County, Lazear received a follow-up call from Roberts informing Lazear that Roberts would be meeting Lazear with Secret at the Sheriff's Office.
After arriving at the Sheriff's Office, Lazear did not discuss Secret's status with anyone as he proceeded to the interview room, where Secret was waiting alone, without restraints of any kind and seated at a table. Lazear subsequently engaged in conversation with Secret for approximately 30 minutes without specifically mentioning the fire. Lazear then asked Secret, "So what about Acorn made you start the fire in the kitchen *239 this morning?" About 12 minutes later, Secret admitted to starting the fire, stating: "I dumped a whole bunch of fuel in there, then threw a thing full of lit matches into some of the fuel." At that point, Lazear read Secret his Miranda rights. Secret indicated that he was familiar with those rights and was waiving them, and would continue to speak with Lazear. Lazear continued the interview for about 30 more minutes during which Secret provided detailed inculpatory statements about his actions in setting fire to Heartwood. Secret was then arrested and subsequently indicted for arson and 18 counts of attempted first-degree murder.
C. Motion to Suppress Secret's Confession
Secret filed a pre-trial motion to suppress both his pre- and post-
Miranda
warning inculpatory statements made to Lazear during the interview at the Sheriff's Office. First, Secret claimed that his unwarned statements were inadmissible because he had in fact been in police custody before Lazear arrived for the interview.
4
In making this argument, Secret relied on the testimony at the suppression hearing of Roberts and LCSD Deputy Chris Snyder, who were responsible for Secret's temporary detention at Acorn and his transportation to the Sheriff's Office-with both events involving,
inter alia
, periods of placing Secret in handcuffs. Agreeing with Secret's custody argument and citing
Hasan v. Commonwealth
,
Second, in regard to his post-warning statements, Secret claimed that Lazear elicited those statements by using a deliberate two-step interrogation strategy to circumvent
Miranda
, a tactic proscribed in
Seibert
-consisting of "successive, unwarned and warned phases" that allegedly deprived Secret of the opportunity to knowingly and intelligently waive his
Miranda
rights.
Seibert
,
During his testimony at the suppression hearing, Lazear explained why he did not initially inform Secret of his
Miranda
rights: "It was my understanding at that time that Mr. Secret was at the [S]heriff's [O]ffice of his own free will and accord, so I approached that conversation as exactly that, just a conversation with a witness that-the same as I had with many other people that day. I did not feel he was in custody, and I did not feel like he needed to be read his
Miranda
warnings at that time." It was when Secret began to provide Lazear incriminating information about the fire, Lazear explained, that he "needed to pause the conversation and advise [Secret] of his
Miranda
rights." Lazear also denied that he was aware of, or had received training in, a so-called "question first interrogation technique"-like the one proscribed in
*240
Seibert
.
See
Seibert
,
In addition, as confirmed by the video recording of the interview, Lazear testified that at no point during the interview did Secret state that he wanted the assistance of an attorney, to end their conversation, or to leave the interview room. Lazear further stated that Secret was "lucid" and was responsive to Lazear's questions. Lazear acknowledged that some of Secret's responses could be considered "bizarre," which prompted Lazear to confirm with Secret that he was not under the influence of any alcohol or drugs.
Based on the testimony of Lazear, Roberts and Snyder, all of whom the trial court found to be credible, its review of the video recording of Lazear's interview with Secret, and its analysis of Seibert and Elstad , the trial court denied that portion of Secret's suppression motion seeking to exclude the admission of his warned statements to Lazear.
Regarding Secret's Seibert -based admissibility challenge, the trial court found that, pursuant to his communications with Roberts, "Lazear believed that the defendant had agreed to come voluntarily to speak with him at the Louisa County Sheriff's Office." Based on that belief, Lazear "did not need to administer Miranda warnings until he felt that the defendant was beginning to incriminate himself." The trial court also credited Lazear's testimony that "he had not been trained in, nor was he familiar with, the two-step interrogation technique" proscribed in Seibert . Accordingly, the court explicitly found that Lazear made "no deliberate use" of that technique when interviewing Secret. The court thus determined that there was no Seibert violation.
Absent Lazear's deliberate use of a "question-first strategy," the issue was whether, under Elstad , Secret's post-warning statements were "knowingly and voluntarily made." For that determination, the trial court "consider[ed] the totality of the circumstances in which the statements were made." In doing so, the court found, inter alia , the following:
• "[T]he circumstances under which the interview took place exhibit no element of coercion whatsoever."
• "No threats, be they explicit or implicit, were ever made to the defendant ... throughout the course of the interview, nor was there any moment when Special Agent Lazear sought to exploit the previously given unwarranted [sic] statement."
• "A good portion of the interview was substantially open-ended in which the defendant could generally discuss his thoughts and feelings."
• "Special Agent Lazear ... seemed to have a remarkably good understanding of the defendant's [cosmic] theories [and] while they may be somewhat bizarre, they also have a certain rationality of [sic] them which Special Agent Lazear seemed to understand and this understanding seemed to be appreciated by the defendant."
• "The defendant denied being under the influence of either drugs or alcohol, and having observed his appearance and demeanor during the course of the interview, the [c]ourt finds no evidence of impairment."
• After being given his Miranda warnings, "the defendant could have concluded, perhaps, it might be best for him not to say anything further; however, the defendant indicated he was familiar with the Miranda warnings, that he understood those rights, and when asked if he wanted to waive them and talk to Special Agent Lazear, he said, quote, sure, end quote."
Consequently, the trial court concluded, "the statements made by the defendant following the administration of Miranda rights were not the product of coercion, were knowingly and voluntarily made, and, thus, the motion to suppress any statements following the administration of the Miranda warnings is denied." The court thus admitted into evidence the portion of those statements offered by the Commonwealth at trial as part of its case in chief.
*241 D. Motions to Strike Commonwealth's Evidence of Attempted Murder
Upon the conclusion of the Commonwealth's case in chief, Secret moved to strike the Commonwealth's evidence as to all of the 18 counts of attempted first-degree murder, each of which named a particular individual victim. First, Secret argued that to the extent the evidence did not establish that a particular individual was actually in Heartwood at the time of the fire, the evidence should be struck as to the count naming such individual. The trial court agreed and struck the evidence on five of the counts. In doing so, the court rejected the Commonwealth's argument that proof that an individual regularly resided at Heartwood, without more, was sufficient.
Additionally, Secret argued that the evidence should be struck on all of the remaining counts of attempted murder because the Commonwealth had failed to prove that Secret had the specific intent to kill anyone. Viewing the evidence in the light most favorable to the Commonwealth, Secret argued, the Commonwealth had at most proved his intent to "commit arson only and not an attempt to murder." The trial court disagreed and denied this portion of the motion to strike. Not only was there evidence that Secret started the fire, the court concluded, but there was also evidence from which "the jury could infer that the immediate, direct, and necessary consequence of [the fire]" was that the people whom Secret knew were within the dwelling "would have been consumed within the fire" but for their fortuitous escape. Secret presented no evidence in his own defense but renewed his motion to strike as to the remaining counts of attempted first-degree murder, which the trial court again denied.
E. Secret's Convictions and Appeal
The jury convicted Secret of arson of an occupied dwelling and attempted first-degree murder on nine of the remaining 13 counts. On a motion to set aside the verdict, Secret again challenged the admissibility of his post-
Miranda
warning inculpatory statements and the sufficiency of the evidence of his specific intent as to each of the attempted murder counts. The trial court denied the motion on both issues and entered a final judgment of conviction in accordance with the jury's verdicts. Secret appealed these rulings to the Court of Appeals of Virginia. Finding no error, a three-judge panel of the Court of Appeals affirmed Secret's convictions in an unpublished opinion.
Secret v. Commonwealth
, Record No. 0853-15-2,
II. ANALYSIS
A. Admissibility of Secret's Post- Miranda Warning Confession
Secret relies on Seibert and, alternatively, Elstad , to argue, as he did below, that the trial court erred in refusing to suppress his post- Miranda warning inculpatory statements. In both Elstad and Seibert , the United States Supreme Court addressed situations where a suspect, like Secret, while in police custody, made unwarned inculpatory statements in response to police questioning, and then after receiving and waiving Miranda rights made further inculpatory statements in response to additional questioning. The issue in each of those cases, as here, was whether the warned statements were voluntary for purposes of admission in the prosecution's case in chief at the defendant's criminal trial.
1. Oregon v. Elstad
In
Elstad
, a police officer, upon arriving at Elstad's home to arrest him for burglary, questioned him about the burglary without first providing
Miranda
warnings.
An Oregon state trial court, in ruling upon Elstad's motion to suppress these statements in his prosecution for the burglary, excluded his first inculpatory statement made at his home because he had not been advised of his
Miranda
rights. The court admitted into evidence, however, Elstad's written confession based upon the court's findings that it was "given freely, voluntarily and knowingly" after Elstad was advised of and waived his
Miranda
rights.
After the Oregon Supreme Court denied the State of Oregon's petition for review, the United States Supreme Court granted certiorari "to consider the question whether the Self-Incrimination Clause of the Fifth Amendment requires the suppression of a confession, made after proper
Miranda
warnings and a valid waiver of rights, solely because the police had obtained an earlier voluntary but unwarned admission from the defendant."
In reaching this conclusion, the Supreme Court made clear that the exclusion of inculpatory statements based on the police's failure to administer
Miranda
warnings "does not mean that the statements received have actually been coerced, but only that courts will presume the privilege against compulsory self-incrimination has not been intelligently exercised."
However, once
Miranda
warnings have been administered to a suspect who has given an unwarned but voluntary inculpatory statement in response to non-coercive questioning, the remedial considerations underlying the
Miranda
exclusionary rule are no longer controlling in determining the admissibility
*243
of the subsequent warned statement. As the Supreme Court explained in
Elstad
, "[t]his Court has never held that the psychological impact of voluntary disclosure of a guilty secret qualifies as state compulsion or compromises the voluntariness of a subsequent informed waiver."
Holding in
Elstad
that the defendant's post-
Miranda
statements were not rendered involuntary by his unwarned statements, the Supreme Court distinguished between "technical"
Miranda
violations and other "actual" violations of the Fifth Amendment's prohibition on compelled self-incrimination.
Id.
at 314, 318,
The Supreme Court thus established in
Elstad
that, while
Miranda
requires that an unwarned yet voluntary admission must be suppressed, "the admissibility of any subsequent [warned] statement should turn in these circumstances solely on whether it is knowingly and voluntarily made."
2. Missouri v. Seibert
Nearly two decades later, the Supreme Court decided
Seibert
against the backdrop of the
Elstad
decision.
Seibert
recognized, as explained below, a narrow exception to
Elstad
"applicable only in the infrequent case" where the police have used "a two-step questioning technique based on a
deliberate violation
of
Miranda
."
Seibert
,
In
Seibert
, after her bedridden son, Jonathan, died in his sleep, Seibert feared charges of neglect. She was present when two of her other sons discussed burning her family's home and incinerating Jonathan's body in order to conceal the circumstances of his death. As part of the plan, Donald, an unrelated mentally ill teenager living with the family, was to be left in the home in order to avoid the appearance that Jonathan had been unattended. The fire was then set, resulting in Donald's death.
Seibert was later arrested, but on instructions from Officer Hanrahan, the arresting officer did not give Miranda warnings to her.
*244
Seibert was taken to an interview room in the police station, where Hanrahan questioned her for 30 to 40 minutes without
Miranda
warnings.
After being charged with first-degree murder for her role in Donald's death, Seibert moved to suppress both her unwarned and warned statements made to Hanrahan.
At the suppression hearing, Officer Hanrahan testified that he made a "conscious decision" to withhold Miranda warnings, thus resorting to an interrogation technique he had been taught: question first, then give the warnings, and then repeat the question "until I get the answer that she's already provided once." He acknowledged that Seibert's ultimate statement was "largely a repeat of information ... obtained" prior to the warning.
A Missouri state trial court excluded Seibert's unwarned statements but admitted her warned statements, and Seibert was convicted of second-degree murder. The Missouri Court of Appeals affirmed, viewing the case as indistinguishable from
Elstad
.
On appeal to the United States Supreme Court, the Court affirmed the Missouri Supreme Court in a split decision, holding that the interrogation technique used in the case "undermine[d] [Seibert's]
Miranda
warnings," thus rendering her post-warning inculpatory statements inadmissible.
Under the Supreme Court's settled principles of stare decisis, "[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, 'the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.' "
Marks v. United States
,
*245
Justice Kennedy viewed the plurality's approach to the admissibility issue as "cut[ting] too broadly" in calling for an "objective inquiry from the perspective of the suspect" in both intentional and unintentional two-step interrogations, using a multifactor test.
Seibert
,
Narrowing his focus upon the "deliberate" circumvention of
Miranda
,
id
. at 620,
Under Justice Kennedy's subjective-intent based test, in such cases where "an interrogator uses this deliberate, two-step strategy, predicated upon violating
Miranda
during an extended interview, postwarning statements that are related to the substance of prewarning statements must be excluded absent specific, curative steps."
3. Secret's Seibert -Based Challenge
In addressing Secret's challenge to the trial court's finding that Special Agent Lazear did not engage in a deliberate two-step interrogation technique proscribed in
Seibert
, we consider as a matter of first impression the appellate standard applicable for review of this finding. We conclude, as the Virginia Court of Appeals has concluded in addressing the same issue, that the
Seibert
"deliberateness finding is appropriately reviewed as a factual finding."
Kuhne v. Commonwealth
,
The trial court's ultimate factual finding that Lazear did not deliberately use an improper two-step interrogation technique when interviewing Secret is neither plainly wrong nor without evidence to support it. At the suppression hearing, the court heard and credited Lazear's explanation as to why he did not believe Secret was in custody when Lazear met with him at the Sheriff's Office for the interview, but instead thought Secret was there "on his own accord" and willing to speak. It was for that reason, the court found, that Lazear understandably did not *246 administer Miranda warnings to Secret when the interview began, doing so only later into the interview when Secret began to provide inculpatory information about the fire at Heartwood. The record also supports the court's additional subsidiary finding that at no time during the prewarning phase of the interview was there any "element of coercion whatsoever." Finally, the court credited Lazear's testimony that he had not been trained in, nor was he familiar with, the two-step interrogation technique.
These findings establish precisely one of the above-described scenarios that Justice Kennedy posited in
Seibert
as qualifying for review under
Elstad
-i.e., a police officer, who is unaware that the suspect is "in custody," receives an unwarned and yet non-coerced inculpatory statement during an interview followed by a warned inculpatory statement, without any deliberate attempt on the part of the officer to circumvent
Miranda
with a "question first" interrogation strategy.
See
Seibert
,
For these reasons, like the trial court, we reject Secret's central argument that Lazear's conduct falls within
Seibert's
proscription because Lazear allegedly chose "to remain willfully ignorant of the numerous objective, readily discernable facts indicating Secret's in-custody status." (Appellant's Br. 44). Such conduct, Secret asserts, equates with the employment of an intentional and coercive two-step interrogation tactic. Nothing in Justice Kennedy's concurrence in
Seibert
supports such an approach, where he indeed explicitly rejected the adoption of an "objective inquiry."
Seibert
,
4. Secret's Elstad -Based Challenge
Next, we consider Secret's alternative argument that the trial court erred in admitting his post- Miranda warning statements because they were not knowingly and voluntarily made based upon the Elstad totality-of-the-circumstances standard. We disagree.
For purposes of a Fifth Amendment self-incrimination challenge, "[v]oluntariness is a question of law, subject to independent appellate review."
Avent v. Commonwealth
,
The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker,"
Schneckloth v. Bustamonte
,
From our review of the record, we conclude, as did the trial court, that the totality of the evidence establishes that Secret's post- Miranda warning inculpatory statements to Lazear were knowingly and voluntarily made. The record more than sufficiently supports the trial court's subsidiary factual findings upon which that conclusion is based. Most significantly, the evidence supports the trial court's finding that at no point in the interview, either before or after administration of the Miranda warnings, was there any "element of coercion whatsoever" on the part of Lazear that caused Secret to confess. In short, Secret's statements were "not the product of coercion," the court found. Consistent with this finding, the record also supports the court's related specific findings that Lazear neither explicitly nor implicitly threatened Secret, that Lazear did not seek to exploit Secret's previous unwarned statement, and that the evidence established that Secret was not under the influence of drugs or alcohol, or otherwise impaired.
Thus, there is nothing to suggest that Secret's post-
Miranda
statements were anything but the "product of an essentially free and unconstrained choice" as a constitutional matter,
Schneckloth
,
B. Evidentiary Sufficiency of Secret's Intent to Commit Murder
We now turn to Secret's argument that the evidence was insufficient to sustain *248 his convictions on nine counts of attempted first-degree murder. He contends the trial court erred in denying his motion to strike the evidence of those crimes because the Commonwealth failed to prove he possessed the specific intent to commit them. At most, according to Secret, the Commonwealth proved that he acted from a sense of "general malevolence" in setting fire to Heartwood, which does "not equate to a specific intent to kill." (Appellant's Br. at 25). We reject Secret's assessment of the evidence and assertion of error.
Familiar appellate principles govern our review of this issue. "When reviewing the sufficiency of the evidence, '[t]he judgment of the trial court is presumed correct and will not be disturbed unless it is 'plainly wrong or without evidence to support it.' ' "
Pijor v. Commonwealth
,
First-degree murder includes, among other things, "murder ... by any willful, deliberate, and premeditated killing, or in the commission of ... arson...."
Commonwealth v. Herring
,
"Intent is the purpose formed in a person's mind and may, like any other fact, be shown by circumstances,"
Herring
,
Here, we conclude the evidence was sufficient to support the jury's finding that Secret possessed the requisite intent to kill the nine individuals located within Heartwood when Secret started the fire there, based on both direct and circumstantial evidence.
At that time, Secret had been residing in a tent on the Acorn property for six weeks, sharing meals at Heartwood, and attending weekly meetings. He was also told that there was no room for him to reside at Heartwood or one of its other facilities. The jury could thus infer that Secret obviously knew Heartwood served as an Acorn dormitory. Also, Secret was becoming increasingly frustrated with Acorn's members during his stay there, as the trial court noted in ruling on Secret's motion to strike.
*249 It is undisputed that Secret set the fire in the kitchen at Heartwood around 5 a.m. when a number of the residents would presumably be asleep. Moreover, before doing so, Secret admitted, he "put a lot of fuel around," consisting of gasoline and diesel fuel. Not only did he pour the fuel along the first floor hallway near the bedrooms and the office where Calta was working early that morning, but he also placed two cans of fuel in the dining room, which would have accelerated the fire. Secret also admitted that while "dump[ing]" the fuel, he saw Calta in the office and heard people "walking around." After seeing Calta, Secret explained, "I was trying to [walk] ginger[ly], but at that point I was bookin' it. Like I ... had a plan, like, to ... dump fuel, dump fuel, dump fuel, light, but I didn't really follow through on the last dumping of fuel, probably because [Calta] was in the computer room." As Secret subsequently described it, "there was so much fuel everywhere I was like, 'Ah, god!' In seconds, [Calta] was about to start smelling all the fuel. I knew that. I was like, 'I gotta get the f* *k outta here quick!' " At that point, Secret grabbed two sets of car keys from the pantry, started the fire, and fled into the woods after trying but failing to start two different automobiles located nearby. Describing his emotions to Lazear, Secret stated that, immediately after setting the fire, he thought to himself: "Jesus! I'm the worst! How could I do ... what was I f* *king thinking?"
Based on this evidence, it was entirely rational for the jury to find that Secret intended to kill the nine individuals located within Heartwood at the time of the fire, as the natural and probable consequence of his actions was that everyone there would be consumed by the fire but for their fortuitous escape.
Secret's reliance on
Thacker v. Commonwealth
,
To do an act from general malevolence is not an attempt to commit a crime, because there is no specific intent, though the act according to its consequences may amount to a substantive crime. To do an act with intent to commit one crime cannot be an attempt to commit another crime though it might result in such other crime. To set fire to a house and burn a human being who is in it, but not to the offender's knowledge , would be murder, though the intent was to burn the house only; but to attempt to set fire to the house under such circumstances would be an attempt to commit arson only and not an attempt to murder. A man actuated by general malevolence may commit murder though there is no actual intention to kill; to be guilty of an attempt to murder there must be a specific intent to kill.
We also reject Secret's related argument that there was insufficient evidence to prove that he possessed the requisite intent as to anyone, other than perhaps Calta, because there was no evidence that he was aware of the specific identity of anyone else within Heartwood at the time of the fire. Such knowledge, however, was not required. That is because "[t]he mental state required for attempted murder is the intent to kill a human being, not a
particular
human being."
People v. Stone
,
III. CONCLUSION
For the foregoing reasons, we conclude that Secret's post- Miranda warning inculpatory statements were voluntary, and thus admissible, and that the evidence was sufficient to establish his specific intent to commit attempted first-degree murder when he started the fire at Heartwood. Accordingly, we affirm the judgment of the Court of Appeals upholding his convictions for arson of an occupied dwelling and nine counts of attempted first-degree murder.
Affirmed .
As explained at trial by one of the Acorn members, "[t]he people who live and work [at Acorn] share the income that's generated and [their] collective income satisfies all the needs of the people who are there."
These nine individuals, who accounted for Secret's convictions on the nine counts of attempted first-degree murder, were as follows: Ken Bezilla, Calta, Bonnie Cook, Cassidy Cook, Daniel Cook, Margaret Cook, Jennifer Hare, Clifton Henley and Irena Hollowell.
As Lazear testified at Secret's suppression hearing, he believed that the Sheriff's Office "would be a more private environment for us to have a conversation," in light of the fact that Secret was in the midst of "a lot of community members at the Acorn Community [who] all had exhibited a lot of emotions throughout the day."
Under
Miranda's
now familiar warnings requirement employed as a prophylactic to protect against violations of the Self-Incrimination Clause of the Fifth Amendment, prior to any custodial questioning, "the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed."
Miranda
,
See
Hasan
, 276 Va. at 679,
The Self-Incrimination Clause of the Fifth Amendment ensures that "no person ... shall be compelled in any criminal case to be a witness against himself." U.S. Const. amend. V.
That is to say, "[t]he prophylactic
Miranda
warnings ... are not themselves rights protected by the Constitution but [are] instead measures to insure that the right against compulsory self-incrimination [is] protected. Requiring
Miranda
warnings before custodial interrogation provides practical reinforcement for the Fifth Amendment right."
Elstad
,
Consistent with this view, the Supreme Court explicitly refused in
Elstad
to give constitutional dimension to "the psychological impact of the suspect's conviction that he has let the cat out of the bag and, in so doing, has sealed his own fate," which the Oregon Court of Appeals identified as "a subtle form of lingering compulsion."
Elstad
,
See, e.g.,
United States v. Carter
,
We note in this regard that the United States Supreme Court made clear in
Connelly
that "voluntariness," for purposes of Fifth Amendment analysis, "has always depended on the absence of police overreaching, not on 'free choice' in any broader sense of the word."
Connelly
,
To be sure, as the Supreme Court reaffirmed in
Elstad
, "[v]oluntary statements 'remain a proper element in law enforcement.'
Miranda
v.
Arizona
,
As the court in Stone cogently explained:
[A] person who intends to kill can be guilty of attempted murder even if the person has no specific target in mind. An indiscriminate would-be killer is just as culpable as one who targets a specific person. One of Bland 's kill zone examples [in People v. Bland ,28 Cal.4th 313 ,121 Cal.Rptr.2d 546 ,48 P.3d 1107 , 1118 (2002) ] involved a bomber who places a bomb on a commercial airplane intending to kill a primary target but ensuring the death of all passengers. We explained that the bomber could be convicted of the attempted murder of all the passengers. But a terrorist who simply wants to kill as many people as possible, and does not know or care who the victims will be, can be just as guilty of attempted murder.
Stone
,
We also note that, in challenging his attempted first-degree murder convictions, Secret argues extensively about the trial court's following comments made during argument on Secret's motion to strike: "[W]e don't have any evidence before the jury that [Secret] specifically intended to kill any person individually. The only evidence [we] believe[ ] we have is that he basically intended to kill the people who were there" at Heartwood. First, contrary to Secret's contentions, there was nothing inconsistent about this comment. It was an accurate assessment of the evidence, which, as addressed above, satisfied the specific intent element of attempted murder. That is, the evidence sufficiently established that Secret intended to kill all of the individuals located within Heartwood at the time he started the fire, even if he did not know the specific identity of the individuals that were in the facility at that time, other than Calta. Second, as a matter of appellate review, on a sufficiency challenge to a criminal conviction by a jury, the relevant inquiry is not the trial court's comments about the evidence on a motion to strike, but rather a review of the evidence to determine whether any rational fact-finder could have found the essential elements of the crime beyond a reasonable doubt.
Reference
- Full Case Name
- Nicholas Charles SECRET v. COMMONWEALTH of Virginia
- Cited By
- 7 cases
- Status
- Published