State v. Boe, 847 N.W.2d 315

Bo e was convicted by a jury of aggravated assault, discharge of a firearm at a car, and possession of a firearm by a prohibited person, and admitted to being a habitual offender.
Boe and Key, former romantic partners, had a dispute on January 21, 2012, at Boe's friend Nystrom's property where Key was cleaning her Jimmy while Boe planned to return with a plan to leave with her.
Boe attempted to pull Key's vehicle with a chain from his Suburban; Key rammed Boe's Suburban twice, ultimately getting her vehicle stuck in a ditch.
Boe exited his Suburban with a shotgun; the weapon discharged near Key's vehicle, injuring her; Boe claimed the discharge was accidental and he acted to get Key to leave.
Forensic evidence showed the shotgun functioned with an internal safety mechanism and would not discharge without the trigger being pulled; multiple witnesses testified regarding the events and injuries.
Key reported the injuries and authorities investigated; Boe gave varying statements to investigators, with the later statement suggesting the discharge was accidental.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 404(b) evidence of the 2002 domestic violence conviction was admissible.	Boe’s prior act shows motive/intention to harm with a firearm.	The prior act is dissimilar and improper to prove propensity; it unfairly prejudices Boe.	Admissible to prove motive/intent/absence of accident; probative value not outweighed by prejudice.
Whether the court properly balanced probative value against unfair prejudice under 403.	The evidence supports the defense’s lack of accident claim and is not unfairly prejudicial.	The prior conviction was too remote and prejudicial.	Court did not abuse discretion; instructions limited use to motive/intent/absence of accident.
Whether there was sufficient evidence to convict Boe of aggravated assault with a dangerous weapon.	Evidence showed Boe fired into Key's vehicle intentionally and with intent to harm.	Key and Boe testified no intent to injure; Boe claimed accident.	Sufficient evidence supported the guilty verdict.

State v. Wright, 593 N.W.2d 792 (S.D. 1999) (two-step test for admissibility of 404(b) evidence)
State v. Lodermeier, 481 N.W.2d 614 (S.D. 1992) (prior similar acts may show intent; not identical to charged offense)
State v. Chamley, 568 N.W.2d 607 (S.D. 1997) (overruled erroneous Chamley language re 403 balance)
State v. Owen, 643 N.W.2d 735 (S.D. 2002) (focus on whether evidence shows absence of accident from mental state perspective)
State v. Dubois, 746 N.W.2d 197 (S.D. 2008) (abuse of discretion standard for 404(b) admissibility)
State v. Moeller, 548 N.W.2d 465 (S.D. 1996) (consideration of prior incarceration in 404(b) analysis)