925 N.W.2d 488
S.D.2019Background
- On April 22, 2016, Jared Stone shot and killed Baptise White Eyes at close range outside a Sioux Falls casino; Stone fired two shots, the first fatal and the second after the victim fell.
- Stone and eyewitness Lachara Bordeaux left the scene; Stone later texted a girlfriend, “I just killed someone I’m sorry.”
- Police executed a warrant at a hotel room rented to Stone, recovering .380 caliber cartridges matching the scene and glass pipes, one with methamphetamine residue; Stone was later captured after interstate flight.
- Stone admitted firing two shots and that he discarded the handgun; he claimed he shot because he believed White Eyes was reaching for a gun and described the second shot as unintentional.
- Indicted for multiple counts (including first- and second-degree murder, manslaughter variants, possession of a controlled substance, and possession of a firearm by a convicted drug offender), Stone was acquitted of first-degree murder but convicted of second-degree murder, drug possession, and unlawful firearm possession. He appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion denying severance of Count VII (firearm-possession-by-convicted-drug-offender) | Joinder was proper; severance unnecessary for judicial efficiency | Stone: prior-conviction evidence for Count VII unfairly prejudiced jury on homicide and drug counts; offered to stipulate to prior conviction | Denial affirmed — Stone failed to show the high quantum of prejudice required; prior-conviction evidence was an element and the court limited its scope and instructed jury to consider counts separately |
| Admissibility of other-acts evidence (flight, interstate travel, evading capture) and whether it violated Fifth Amendment | Relevant to intent, consciousness of guilt, and rebuttal of self-defense; admissible under Rule 404(b) | Stone: evidence was character propensity evidence and impermissible comment on right to remain silent | Admission affirmed — court found relevance to intent and consciousness of guilt, limited evidence of other crimes, gave limiting instruction, and no prosecutor comment constituted a Fifth Amendment violation |
| Admissibility of Detective’s opinion that the second shot was not a "sympathetic reflex" | Testimony admissible as lay opinion based on investigation; helpful to jury | Stone: opinion required expert foundation and was undisclosed expert testimony | Even if admission was erroneous, any error was harmless — first shot was intentional and fatal; second-shot opinion unlikely changed outcome |
| Sufficiency of evidence for convictions (drug possession, firearm-possession status, second-degree murder) | State: evidence (hotel registration, pipe with residue, cartridges, admissions, video, eyewitness testimony) supports convictions beyond reasonable doubt | Stone: lacked possession/control of drugs in hotel room; prior conviction not proven as felony; shooting was self-defense/retreat | Convictions affirmed — constructive possession and felony-status were reasonably inferred; video/eyewitness evidence supported depraved-mind second-degree murder; jury properly instructed on self-defense |
Key Cases Cited
- Old Chief v. United States, 519 U.S. 172 (rule excluding detail of prior convictions when a stipulation suffices to avoid unfair prejudice)
- Berghuis v. Thompkins, 560 U.S. 370 (a defendant must unambiguously invoke the right to remain silent)
- State v. Dowty, 838 N.W.2d 820 (S.D. 2013) (standard for abuse of discretion in severance denials)
- State v. Bertram, 906 N.W.2d 418 (S.D. 2018) (Rule 404(b) other-acts admissibility and permitted purposes)
- State v. Bausch, 889 N.W.2d 404 (S.D. 2017) (abuse-of-discretion standard for evidentiary rulings)
- Kleinsasser v. Weber, 877 N.W.2d 86 (S.D. 2016) (intent to do the physical act; close-range shooting evidence supports depraved-mind inference)
- State v. Laible, 594 N.W.2d 328 (S.D. 1999) (shooting at close range shows indifference to human life)