Jesus Antonio Gonzalez-Ochoa v. The State of Wyoming
2014 WY 14
| Wyo. | 2014Background
- Appellant Jesus Antonio Gonzalez-Ochoa was convicted of first degree murder after a trial in Wheatland, Wyoming.
- The shooting of Christopher Walker occurred on June 18, 2011 in an alley near a bar; bullets matched a rifle found in Gonzalez-Ochoa's vehicle.
- Gonzalez-Ochoa admitted taking the rifle to the alley to deter Walker but claimed someone else shot Walker; he provided an alternative version at trial.
- The jury rejected Gonzalez-Ochoa’s defense and returned a guilty verdict; he received a life sentence.
- At trial, the State sought to prove motive and fear-related possession of the rifle, including references to others allegedly seeking to kill him.
- Gonzalez-Ochoa challenged evidentiary rulings, prosecutorial remarks, and proposed jury instructions on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was uncharged misconduct evidence admitted under Rule 404(b)? | Gonzalez-Ochoa argues 404(b) was violated by mafia-related questioning. | Gonzalez-Ochoa contends such evidence is impermissible character evidence and prejudicial. | No abuse of discretion; evidence not probative 404(b) and harmless |
| Did prosecutorial closing argument improperly rely on facts not in evidence? | Prosecutor argued facts not supported by trial record—rifle placement in vehicle. | Defense claims the inference is unsupported and prejudicial. | Argument deemed reasonable inference from record; no misconduct |
| Did the district court err in denying defense-based Eagan jury instructions? | Defense sought Eagan rule instructions for sole-witness credibility. | Eagan instruction necessary to curb sole-witness testimony bias. | Eagan instruction rejected; credibility and improbability negated applicability |
Key Cases Cited
- Gleason v. State, 2002 WY 161 (Wy. 2002) (standard abuse of discretion for Rule 404(b) rulings; plain error when no objection)
- Harrell v. State, 2011 WY 129 (Wy. 2011) (contemporaneous objection requirement for plain error review)
- Wimbley v. State, 2009 WY 72 (Wy. 2009) (timeliness and ruling on objections affect standard of review)
- Sanchez v. State, 2006 WY 116 (Wy. 2006) (Rule 404(b) applies to other crimes, wrongs, or acts for non-character purposes)
- Billingsley v. State, 2003 WY 61 (Wy. 2003) (evidence admissibility and limiting instructions considerations)
- Eagan v. State, 58 WY 198 (Wy. 1942) (sole-witness credibility rule governing acquittals and credibility standards)