2024 S.D. 22
S.D.2024Background
- Max Bolden shot and killed Benjamin Donahue outside a Sioux Falls, SD nightclub in October 2019, after a history of animosity and threats between the two.
- Bolden was charged with first-degree murder, second-degree murder, and possession of a firearm by a felon.
- At trial, Bolden claimed self-defense, asserting that Donahue had previously threatened him and was believed to be armed during the incident.
- Eyewitnesses, including Armika Agic and Darneisha Williams, testified that Donahue did not physically threaten Bolden or display a gun before being shot and that the second shot was delivered to Donahue while he was motionless on the ground.
- Bolden fled South Dakota after the shooting, was apprehended 16 months later, and at trial moved for acquittal based on sufficiency of the evidence.
- The jury convicted Bolden of first-degree murder and possession of a firearm by a felon; he was sentenced to life in prison and appealed, arguing insufficient evidence of premeditation and self-defense negated guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conviction | Sufficient evidence supports first-degree murder verdict | State failed to prove Bolden did not act in self-defense; no premeditation | Court found evidence sufficient for conviction |
| Self-defense justification | Bolden was not facing imminent threat; no weapon by Donahue | Bolden reasonably believed deadly force necessary due to Donahue's threats | State disproved self-defense claim beyond reasonable doubt |
| Premeditation for first-degree murder | Premeditation inferable from manner and circumstances | No evidence of intent or premeditation; intent not formed beforehand | Intent can be formed instantly; facts support premeditation |
| Denial of judgment of acquittal | Jury entitled to weigh credibility, found for State | No reasonable jury could find guilt beyond reasonable doubt given testimony | Motion for acquittal properly denied |
Key Cases Cited
- State v. Seidel, 953 N.W.2d 301 (S.D. 2020) (outlines standard for viewing evidence on appeal in light most favorable to verdict)
- State v. Huber, 789 N.W.2d 283 (S.D. 2010) (jury’s role in resolving factual disputes and assessing credibility)
- State v. Strozier, 834 N.W.2d 857 (S.D. 2013) (jury is exclusive judge of credibility and weight of evidence)
- State v. Krueger, 950 N.W.2d 664 (S.D. 2020) (premeditated design can form instantly before committing act)
- State v. Derek at the Straight, 984 N.W.2d 715 (S.D. 2023) (lists factors to determine premeditation)