State v. Schaaf
2013 NMCA 082
N.M.2013Background
- Probation and law-enforcement officers visited Defendant's home after an anonymous tip about drug use where four children resided.
- Officers found a dirty, cluttered residence with cat urine/feces, trash, and unsafe conditions in multiple rooms including the master bedroom.
- Loaded firearms in an open gun box and unsecured firearms were located in the master bedroom, along with toy gun replicas accessed by children.
- Two glass pipes used for methamphetamine were found in Defendant's waistband; the pair admitted meth use for three days while the children were at home.
- The home contained drug paraphernalia, pills in the living room, and a pervasive odor of smoke and chemicals that impeded breathing.
- Defendant was convicted at a bench trial of negligent child abuse by endangerment and possession of drug paraphernalia, and he appealed challenging the sufficiency of the evidence on endangerment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence showed a substantial and foreseeable risk of harm to the children. | State argues the conditions posed an ongoing, grave risk. | Defendant contends no clear evidence the children were endangered or that Chavez-level evidence was required. | Yes; sufficient evidence showed a substantial and foreseeable risk. |
| Whether the State satisfied Chavez/Trossman factors to prove exposure of children to danger. | State asserts combined risks (firearms, meth use, clutter) created ongoing danger. | State failed to establish the actual exposure or empirical linkage. | Sufficient circumstantial evidence that children were exposed to ongoing, grave danger. |
Key Cases Cited
- Chavez v. State, 146 N.M. 434, 211 P.3d 891 (2009-NMSC-035) (establishes substantial and foreseeable risk and factors for endangerment)
- State v. Trossman, 146 N.M. 462, 212 P.3d 350 (2009-NMSC-034) (focuses on presence of child and ongoing hazardous conditions)
- Graham v. State, 137 N.M. 197, 109 P.3d 285 (2005-NMSC-004) (warns against parsing evidence; considers supervision and condition in totality)
- State v. Gonzales, 150 N.M. 494, 263 P.3d 271 (2011-NMCA-081) (criminal behavior as factor in endangerment analysis)