909 N.W.2d 398
S.D.2018Background
- On Dec. 9, 2015, an individual robbed Jackson’s Casino; the cashier (Miller) described a 5'5"–5'6" masked robber who left and got into a light-colored/white sedan a block away.
- Surveillance from the night before (Truck Towne Plaza, Beresford) showed Jason Dunkelberger exiting the passenger side of a white sedan wearing a heavy coat, hood, and a mask, then lowering the mask inside the store.
- Dunkelberger admitted to detectives that he was the person in the Truck Towne Plaza video, that the white car belonged to his babysitter Mandy Konop, and that he rode with Konop the night before; Konop later implicated both herself and Dunkelberger.
- Konop testified she drove Dunkelberger to the casino, he entered, returned with bundled money (paperclips), and said he did not need to show a gun; Miller corroborated key details (no visible gun, bundled money, direction and vehicle description).
- Dunkelberger was indicted and convicted of first-degree robbery; at trial the State admitted the Truck Towne Plaza surveillance video over Dunkelberger’s foundation objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Truck Towne Plaza surveillance video | Video corroborates witness and places Dunkelberger with Konop before robbery | Video lacked proper foundation and should have been excluded | Court found Dunkelberger’s own admissions supplied foundation; admission would be harmless even if error |
| Sufficiency of corroboration for accomplice testimony (Konop) | Independent evidence (video, admissions, Miller’s testimony, footprints, height) corroborates Konop | Without the video, accomplice testimony is uncorroborated and insufficient to convict | Court held sufficient independent corroboration existed apart from the video; conviction sustained |
| Harmless-error analysis | Admission of video did not affect verdict beyond reasonable doubt | Admission was prejudicial and requires reversal | Court concluded any error in admitting the video was harmless beyond a reasonable doubt |
Key Cases Cited
- Kihega v. State, 902 N.W.2d 517 (2017 S.D. 58) (accomplice testimony requires corroboration but need not be independently sufficient to convict)
- Wheeler v. State, 835 N.W.2d 871 (2013 S.D. 59) (corroboration need only tend to affirm accomplice testimony and establish guilt)
- Zakaria v. State, 730 N.W.2d 140 (2007 S.D. 27) (standard for harmless-error review: conviction stands if error did not contribute to verdict beyond a reasonable doubt)