925 N.W.2d 488
S.D.2019Background
- On April 22, 2016 Jared (Jared/Jarod used interchangeably in record) Stone shot Baptise White Eyes at close range after an escalating confrontation in a casino; first shot killed White Eyes. Stone fled the scene.
- Stone texted a girlfriend admitting he had killed someone; casino surveillance identified him. A hotel room rented to Stone contained matching .380 cartridges and a glass pipe with methamphetamine residue.
- Stone evaded capture through several states, was arrested after a multi-state pursuit, and later admitted firing two shots and discarding the gun.
- Indictment charged first- and second-degree murder, manslaughter counts, unlawful possession of a controlled substance, and possession of a firearm by a convicted drug offender.
- At trial the court denied severance of the firearm-status count, admitted evidence of flight and post-shooting travel (with limits), allowed a detective to give a lay opinion that the second shot was unlikely a "sympathetic reflex," and the jury convicted Stone of second-degree murder, drug possession and firearm-by-convicted-drug-offender; sentences affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court abused discretion by denying motion to sever Count VII (firearm-by-convicted-drug-offender). | Joinder was proper; efficiency and overlapping proof justified single trial. | Severance required because use of prior drug conviction to prove status unduly prejudiced consideration of other charges (invoking Old Chief). | Denial affirmed: prior-conviction evidence was an element of Count VII, probative and narrowly presented; jury instructions and limiting evidence minimized prejudice. |
| Whether admission of other-acts (flight, interstate travel) and detective's opinion about "sympathetic reflex" was error. | Other-acts evidence relevant to intent/consciousness of guilt; detective opinion admissible as lay testimony based on investigation. | Evidence was character propensity or violated Fifth Amendment right to silence; opinion required expert foundation and disclosure. | Admission of flight/travel upheld under Rule 404(b); no Fifth Amendment violation shown; the lay opinion ruling not conclusively erroneous and any error was not prejudicial given overwhelming evidence of intent. |
| Whether denial of mistrial was error after testimony suggesting Stone gave false identity / intermediate contact with law enforcement. | Testimony fit court's limit on flight evidence and did not allege separate crimes; no mistrial warranted. | Testimony violated pretrial exclusion of other criminal acts and required mistrial. | Denial affirmed: testimony did not indicate commission/charge of other crimes (no false-impersonation evidence), complied with pretrial order and was not shown to have caused clear prejudice. |
| Whether evidence was insufficient (motions for judgment of acquittal) on drug possession, firearm-by-convicted-drug-offender, and second-degree murder. | State presented sufficient circumstantial and direct evidence to prove possession (hotel room dominion), status as convicted felon, and depraved-mind killing. | Insufficient proof of dominion over hotel room items; prior conviction not proven as felony; shooting was defensive/justified or involuntary for second shot. | Convictions upheld: constructive possession supported by room control and admissions; felony status inferred from evidence; first shot intentional and at close range sufficient for second-degree murder; self-defense was jury question. |
Key Cases Cited
- Old Chief v. United States, 519 U.S. 172 (Supreme Court of the United States) (limits on introducing nature of prior convictions when a stipulation would suffice)
- State v. Dowty, 838 N.W.2d 820 (S.D. 2013) (standard and prejudice required to justify severance)
- State v. Waugh, 805 N.W.2d 480 (S.D. 2011) (severance and prejudice threshold)
- State v. Owens, 643 N.W.2d 735 (S.D. 2002) (flight as evidence of consciousness of guilt)
- State v. Bertram, 906 N.W.2d 418 (S.D. 2018) (Rule 404(b) other-acts admissibility)
- State v. Birdshead, 871 N.W.2d 62 (S.D. 2015) (two-part relevancy and prejudice balancing for other-acts evidence)
- State v. Lassiter, 692 N.W.2d 171 (S.D. 2005) (probative value generally favored admission absent substantial Rule 403 prejudice)