407 P.3d 398
Wyo.2017Background
- In December 2014, two-year-old BB died of blunt-force abdominal trauma; autopsy showed three mesentery tears and widespread bruising occurring within 24 hours of death.
- Donald Foltz lived with BB’s mother, Amanda Russell, and the two children; Foltz was one of only two adults with BB during the 24-hour period when the fatal injuries were inflicted.
- Medical experts testified injuries were non-accidental and required significant force; injuries were inconsistent with ordinary toddler accidents.
- Foltz gave inconsistent accounts about how and when BB became unresponsive and made other incriminating statements to coworkers and investigators.
- The State charged Foltz with first-degree murder premised on child abuse (Wyo. Stat. § 6-2-101(a) and § 6-2-503). A jury convicted and the district court sentenced Foltz to life without parole. Foltz appealed, challenging the denial of his motion for judgment of acquittal on sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence proved Foltz intentionally or recklessly inflicted BB’s injuries | State: medical testimony, timing, opportunity, inconsistent statements support conclusion Foltz intentionally/recklessly caused injuries | Foltz: no direct evidence of how he caused injuries; no proof of intent or reckless conduct | Affirmed — circumstantial evidence (medical cause, timing, opportunity, statements) sufficient to infer intentional/reckless conduct |
| Sufficiency: whether Foltz was a person not responsible for the child’s welfare (statutory element) | State: evidence supports jury finding Foltz was not acting as custodian/in loco parentis when fatal abuse occurred | Foltz: he was left alone with BB twice that day, so he was a person responsible for welfare (custodian/babysitter) | Affirmed — viewing evidence in State’s favor, jury could find Russell had not entrusted him with authority; even if responsible briefly, evidence supports injuries occurring when she was present/not entrusting him |
| Whether State had to prove precise manner of injury | State: not required; must prove defendant intentionally/recklessly acted causing injury | Foltz: absence of proof how injuries were inflicted undermines conviction | Held: Not required — State need only prove intentional or reckless act causing injury; private-child-abuse context allows circumstantial proof |
| Jury instruction on corporal punishment (overlap of subsections) | N/A (court noted instruction covered both subsections) | Foltz: argued statutory category matters | Court: harmless/neutral — instructions required elements of both subsections, State proved elements in either category |
Key Cases Cited
- Rowe v. State, 974 P.2d 937 (Wyo. 1999) (child abuse is a general-intent crime; prosecution need not prove intent to cause particular consequence)
- Bean v. State, 373 P.3d 372 (Wyo. 2016) (standard for reviewing judgments of acquittal/sufficiency of the evidence)
- Bruce v. State, 346 P.3d 909 (Wyo. 2015) (articulating the standard to be applied on motions for judgment of acquittal)
- Jones v. State, 580 P.2d 1150 (Wyo. 1978) (opportunity plus injuries consistent with abuse can support inference defendant inflicted fatal injury)
- Grabill v. State, 621 P.2d 802 (Wyo. 1980) (non-accidental injuries and defendant left alone with victim support conviction despite lack of direct witnesses)
- Marshall v. State, 646 P.2d 795 (Wyo. 1982) (recognizing child abuse often is a private act and circumstantial evidence may suffice)
- Rogers v. State, 346 P.3d 934 (Wyo. 2016) (definition/application of custodian/in loco parentis in babysitter context)