2025 S.D. 16
S.D.2025Background
- Steven Tuopeh and Jeff Pour were involved in a fatal altercation with Christopher Mousseaux near the Red Sea Pub in Sioux Falls on October 10, 2021.
- Surveillance showed Mousseaux, after throwing the first punch, was chased, beaten, and killed by Tuopeh and Pour after he fell to the ground; the blows caused fatal traumatic brain injuries.
- Tuopeh was charged with second-degree murder and first-degree manslaughter; Pour entered a plea deal and Tuopeh’s case was tried separately.
- Tuopeh sought immunity based on self-defense, which the court denied, finding use of deadly force was unreasonable once Mousseaux retreated and was defenseless.
- Jury convicted Tuopeh on both counts; at sentencing, the court vacated the manslaughter conviction and imposed a life sentence for second-degree murder.
- Tuopeh appealed, challenging jury instructions, evidentiary rulings, denial of immunity and acquittal motion, and more.
Issues
| Issue | State's Argument | Tuopeh's Argument | Held |
|---|---|---|---|
| Alternative Counts Jury Instruction | Jury could convict on multiple counts; alternative instruction not required by law. | Double conviction for one death improper; needed alternative instruction. | Not required; no abuse of discretion as double jeopardy was avoided by vacating one conviction. |
| Robinson Statements & Attendance | Robinson was unavailable; statements were hearsay and untrustworthy. | Robinson’s hearsay should be admitted as against penal interest/nonhearsay; court should procure his testimony. | Properly found unavailable; statements inadmissible as uncorroborated double hearsay. |
| Prosecutor’s “My job is justice” Comment | No improper vouching; remark in response to defense's claim. | Argument constituted improper vouching for prosecution. | No abuse of discretion; statement was responsive and not vouching. |
| Admission of Rap Lyrics Notebook | Admissible for identification; limited jury instruction given. | Irrelevant and unduly prejudicial; identity not disputed. | Not an abuse of discretion; limiting instruction adequate. |
| Denial of Self-Defense Immunity | Fatal force was unreasonable after victim retreated; State rebutted self-defense. | Self-defense immunity warranted as Mousseaux was initial aggressor. | Court correctly denied immunity; force used not justified. |
| Denial of Acquittal Motion | Sufficient evidence for conviction; aided and abetted murder. | Insufficient evidence that Tuopeh caused death/intended fatal act. | Sufficient evidence; denial upheld. |
| Refusal to Give Jury Instructions on Speculation/Conjecture | Existing pattern instruction sufficient. | Needed clarifying instructions due to speculative evidence. | No abuse; proposed instructions potentially confusing/redundant. |
| Admission of Dr. Snell’s Testimony | Expert properly discussed cause of death and injuries. | Testimony was speculative/hypothetical and inadmissible. | Permissible expert testimony; no abuse of discretion. |
Key Cases Cited
- State v. Washington, 13 N.W.3d 492 (S.D. 2024) (clarified remedy for double jeopardy in multiple convictions from single act)
- Ball v. United States, 470 U.S. 856 (1985) (remedy for double convictions is to vacate one; simultaneous prosecutions not barred by double jeopardy)
- State v. Wilcox, 488 N.W.2d 654 (S.D. 1992) (double jeopardy prohibits multiple homicide convictions for single death)
- State v. Well, 620 N.W.2d 192 (S.D. 2000) (alternative instructions when offenses are mutually exclusive)
- State v. Harruff, 939 N.W.2d 20 (S.D. 2020) (depraved mind requirement for second-degree murder)
- State v. Fisher, 805 N.W.2d 571 (S.D. 2011) (expert testimony on cause of death admissible)
- State v. Crawford, 729 N.W.2d 346 (S.D. 2007) (compulsory process right satisfied by attempt to subpoena recalcitrant witness)