Gregory Michael Hawes
2014 WY 127
| Wyo. | 2014Background
- Hawes was convicted of felony stalking and kidnapping of his estranged wife after events on January 25–26, 2013 in Campbell County, Wyoming.
- On January 26, Hawes forcibly entered Donna Hawes’ home, restrained her, and threatened to harm himself or her; he blocked her exits and bound her hands and feet.
- Hawes released the restraints by cutting them with scissors, allowing Donna to escape and flee pursued by Hawes, who continued the chase across a pasture until nearby assistance intervened.
- Donna Hawes testified Hawes followed her after she fled, and she eventually reached a neighbor’s yard where police arrived and she was hospitalized for injuries.
- A separate incident the day before involved Donna following a white pickup truck—driven by Hawes—near his home, which the State argued showed a course of conduct for stalking.
- Hawes moved for judgment of acquittal at trial; the district court denied, and he was sentenced to five to nine years for stalking and thirty years to life for kidnapping, to be served consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of a course of conduct to support stalking? | State contends a course of conduct existed via the January 25 incident and subsequent actions. | Hawes contends January 25 events lacked intent to harass; no course of conduct proven. | Insufficient evidence; stalking conviction reversed. |
| Was there sufficient evidence Hawes did not voluntarily release the victim to merit sentencing mitigation? | State argues release was not voluntary mitigation evidence. | Hawes argues voluntary release occurred when he allowed escape activities. | Evidence supported no voluntary release; mitigation denied. |
| Was the jury properly instructed on the lesser included offense of felonious restraint? | State contends instruction error could affect verdicts. | Hawes argues omission of the word 'felonious' misled the jury. | No reversible error; instruction proper given the jury did not consider felonious restraint. |
Key Cases Cited
- Granzer v. State, 2010 WY 130 (Wy. 2010) (insufficiency review after denial of acquittal follows standard sufficiency analysis)
- Brown v. State, 2014 WY 104 (Wy. 2014) (setting forth standard for sufficiency of evidence review)
- Pena v. State, 2013 WY 4 (Wy. 2013) (abandonment of plain-error-only review for sufficiency claims)
- Garay v. State, 2007 WY 130 (Wy. 2007) (recognizes sufficiency standard after denial of acquittal)
- Janpol v. State, 2008 WY 21 (Wy. 2008) (course for instruction on included offenses and related jury guidance)
- Gonzalez-Ochoa v. State, 2014 WY 14 (Wy. 2014) (trial court broad discretion in form and content of instructions)
- Keats v. State, 2003 WY 19 (Wy. 2003) (instruction sufficiency and standard for reviewing jury errors)