858 N.W.2d 328
S.D.2014Background
- On Oct. 17, 2012, Deputy Chief David Jacobs stopped Samuel Miland for a traffic issue; Jacobs asked Miland to sit in the patrol car while other deputies searched the vehicle.
- While conversing calmly in the patrol car, Miland suddenly punched Jacobs repeatedly in the face, attempted to get around to his throat, and continued the attack as deputies arrived and removed him.
- Deputies used a baton to break the window and subdue Miland; video recorded the attack lasting under a minute.
- Jacobs was taken to a hospital, later saw a personal physician (x-rays showed no fractures), required plastic surgery for a crooked nose, and reported ongoing breathing difficulty, insomnia, anxiety, and nightmares.
- Miland tested positive for methamphetamine; he was charged with possession, resisting arrest, and aggravated assault of a law‑enforcement officer (as a habitual offender).
- After a bench trial the court convicted Miland of aggravated assault (SDCL 22‑18‑1.1(1)), finding serious bodily injury or an attempt to cause it, and that the assault occurred under circumstances manifesting extreme indifference to the value of human life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence showed serious bodily injury | State: evidence of violent punches to head, lasting effects, and surgery support serious injury or attempt | Miland: physician testified injuries were limited (bruising, abrasions, swelling) and not “grave” or life‑threatening | Court: did not need to decide actual serious bodily injury because evidence supports attempt to cause serious bodily injury; conviction sustained |
| Whether conduct occurred under circumstances manifesting extreme indifference to the value of human life | State: repeated, violent blows to the head and attempt to choke an officer in confined space show blatant disregard for life | Miland: argues conduct/injuries insufficient to meet extreme indifference standard | Court: Miland’s rapid, violent, persistent assault (continued while dragged out) was of the most threatening sort and demonstrated extreme indifference; conviction sustained |
Key Cases Cited
- State v. Bogenreif, 465 N.W.2d 777 (S.D. 1991) (fist‑inflicted facial injuries upheld as grave enough to support conviction)
- State v. Fast Horse, 776 N.W.2d 233 (S.D. 2009) (attempt to cause serious bodily injury upheld where assaultive conduct and threats occurred)
- State v. Shear, 295 N.W.2d 176 (S.D. 1980) (reversed aggravated assault conviction where facts did not show extreme indifference)
- State v. White Mountain, 477 N.W.2d 36 (S.D. 1991) (repeated kicks to head supported aggravated assault under extreme indifference theory)
- State v. Saucier, 512 A.2d 1120 (N.H. 1986) (circumstances, not only injury severity, govern extreme indifference inquiry)