State of West Virginia v. Summer McDaniel
238 W. Va. 61
W. Va.2016Background
- Summer McDaniel and Joseph Christy left Colorado with five children while Colorado child‑protective proceedings were pending; the newborn (26 days old) later died at a Hardy County campsite and was buried in a shallow, concealed grave.
- Colorado hospital records and toxicology showed methamphetamine/amphetamine in McDaniel and the infant at birth; a Colorado neglect petition and directives to follow up were issued before the family left the state.
- After a vehicle pursuit on July 5, 2014, Christy and McDaniel were stopped; Christy told police he had just buried his son and led officers to the grave; McDaniel initially gave misleading statements but later assisted locating the body.
- A Hardy County grand jury indicted both for involuntary manslaughter, child neglect resulting in death, concealment of a deceased human body, conspiracy counts, and child neglect creating a substantial risk of death; Christy pled guilty to several counts before McDaniel’s trial.
- The State introduced Colorado evidence (hospital records, toxicology, protective‑services proceedings) as intrinsic/res gestae and alternatively under Rule 404(b); McDaniel was convicted on all counts and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McDaniel) | Held |
|---|---|---|---|
| Admissibility of Colorado evidence (hospital records, toxicology, protective proceedings) | Evidence was intrinsic/res gestae necessary to "complete the story"; alternatively admissible under Rule 404(b) with limiting instruction | Evidence were "prior bad acts" requiring Rule 404(b) analysis, balancing, and specific findings; exclusion required | Admitted as intrinsic/res gestae; circuit court did not abuse discretion; probative value outweighed prejudice and limiting instructions were given |
| Use of Rule 404(b) procedure | Proper in alternative; court held requisite in‑camera hearings and findings when used | Contended court failed to apply Rule 404(b) balancing and findings for drug evidence | Court conducted hearings and made findings; but treated evidence as intrinsic—no reversible error |
| Concealment statute defense (W.Va. Code §61‑2‑5a(b) 48‑hour safe‑harbor) | McDaniel did not ‘affirmatively’ bring concealment to law enforcement; disclosures occurred only after apprehension | She informed police and revealed grave within 48 hours, so statute’s complete defense applies | Affirmative notice requirement not met; statements were evasive and disclosure occurred only after being stopped—conviction upheld |
| Merger / double jeopardy of two neglect counts | Counts are separate because statutes require different elements (gross neglect and ‘‘substantial risk of death’’) | Count for neglect creating substantial risk of death is lesser‑included of neglect resulting in death and must merge | No merger; Blockburger test satisfied because each statute requires proof the other does not (gross neglect element) |
| Impeachment via 50‑minute videotaped interview of a child witness (R.S.) | Prior inconsistent statements admissible to impeach credibility under Rules 607/613 | Improper impeachment because the State did not attempt to refresh recollection on the stand and video introduced collateral material | Any error was harmless; core testimony (infant was sick/pale) was consistent and discrepancies were minor |
| Admission of enlarged color photographs of infant/ grave | Photographs probative of burial manner and impressions on body; non‑gruesome | Photographs gruesome and unnecessary because death was stipulated | Photographs not gruesome; relevancy and Rule 403 balancing within trial court discretion—admission proper |
| Prosecutor’s comments (reference to Christy’s pleas, community standards, epithets) | Not argued to be prejudicial at trial; context included defense insinuations about Christy | Remarks were improper, merit a new trial; plain error asserted | No contemporaneous objection; comments not ‘‘plain error’’ in context of defense theme—no new trial |
| Sufficiency of evidence for convictions | Evidence (circumstances, lack of supplies, infant’s weight loss, failure to seek care, concealment) supports guilt beyond reasonable doubt | Autopsy found cause of death undetermined; infant drug‑free at death; reasonable alternative explanations | Evidence sufficient when viewed in light most favorable to prosecution; jury’s credibility determinations upheld |
Key Cases Cited
- State v. Spicer, 162 W.Va. 127 (1978) (other‑act evidence admissible as res gestae must be reasonably necessary to explain charged crime)
- State v. McGinnis, 193 W.Va. 147 (1994) (trial court must hold in‑camera hearing and make findings before admitting Rule 404(b) evidence)
- State v. Derr, 192 W.Va. 165 (1994) (photograph admissibility governed by Rules 401–403; trial court has broad discretion)
- State v. Guthrie, 194 W.Va. 657 (1995) (standard for reviewing sufficiency of evidence in criminal cases)
- Meadows v. Wal‑Mart Stores, Inc., 207 W.Va. 203 (1999) (every word of a statute should be given significance in construction)
- State v. Gill, 187 W.Va. 136 (1992) (applies Blockburger test to determine whether same transaction violates two statutes)