State v. Wacht
2013 ND 126
| N.D. | 2013Background
- Kurt Johnson disappeared after being last seen at a Cooperstown bar on Dec. 31, 2010; he was observed leaving with Daniel Evan Wacht in Wacht’s van and was never seen again.
- Sheriff Hook obtained a warrant to search Wacht’s van (Jan. 5, 2011) based on citizen reports, observations (no footprints to Johnson’s house), Wacht’s statements, and Wacht’s criminal/weapon history asserted by BCI agent Rummel.
- Police arrested Wacht on a California warrant and found a stolen Glock 9mm; a van search yielded rifle shells and ammunition; Rummel then obtained a warrant to search Wacht’s home for weapons.
- A search of Wacht’s house discovered blood-stained couch material and, on a subsequent warrant, Kurt Johnson’s decapitated head in the crawl space plus other items with Johnson’s DNA. Wacht was charged with murder.
- District court struck several false or misleading affidavit statements but otherwise denied suppression; trial admitted certain 404(b)/other-act evidence; a jury convicted Wacht of murder and he was sentenced to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant to search Wacht’s van was supported by probable cause | Affidavit set forth multiple corroborated facts (last seen in van, citizen witnesses, lack of evidence Johnson returned home, Wacht’s statements and criminal/weapon history) creating a probable cause nexus | Affidavit relied on unattributed or unreliable informants and misleading/false statements; last-seen presence alone is insufficient | Probable cause existed even after court-struck statements; warrant valid |
| Whether the warrant to search Wacht’s home for firearms lacked nexus to the house | Rummel’s affidavit showed ammunition in the van, surveillance of Wacht leaving home with a handgun, and other corroborating facts linking firearms to the residence | No sufficient nexus between house and firearms; alleged informant report about shooting a coffee table was unreliable | Sufficient nexus: surveillance showed Wacht left home with a gun and other facts supported searching the home |
| Whether the warrant to search home for evidence of Johnson lacked probable cause | Affidavit incorporated earlier facts and newly discovered bloody cushion and blood consistent with more than minor injury, supporting search for evidence of crime | Argued earlier affidavit material was unreliable and insufficient to justify the search | Probable cause existed to search for evidence of Johnson after incorporation and discovery of bloody items |
| Admissibility of other-act evidence under N.D.R.Ev. 404(b) | State: statements about gang threats to kill and evidence of recent gun repairs show motive, plan, preparation, and are probative of intent/readiness | Wacht: evidence solely shows bad character and propensity to commit violence; should be excluded | Court allowed gang-related threats and gun-repair evidence as either intrinsic to the charged crime or admissible under 404(b) for motive/plan/preparation; excluded some other-act items; no abuse of discretion |
| Sufficiency of the evidence for murder conviction | State: physical evidence (Johnson’s head, blood, DNA) and ballistic link to Wacht’s gun plus being last seen with victim | Wacht: challenges sufficiency (argued circumstantial gaps, reliability issues) | Viewing evidence in the light most favorable to verdict, the evidence was overwhelming and sufficient to convict |
| Right to impartial jury (Sixth Amendment) | State: voir dire satisfied ability of jurors to set aside impressions and decide on evidence | Wacht: several jurors had preconceived notions or relationships creating bias | Trial court did not abuse discretion in denying cause challenges; unraised claims reviewed for obvious error and none found |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (warrant affidavits judged by totality of circumstances; avoid hypertechnical parsing)
- Ventresca v. United States, 380 U.S. 102 (preference for warrants; commonsense review of affidavits)
- State v. Sommer, 800 N.W.2d 853 (N.D. 2011) (standard of review for suppression rulings)
- State v. Doohen, 724 N.W.2d 158 (N.D. 2006) (probable cause assessed as collective whole)
- State v. Hage, 568 N.W.2d 741 (N.D. 1997) (presumption of reliability for citizen informants; flexible assessment)
- State v. Dodson, 671 N.W.2d 825 (N.D. 2003) (insufficient detail about informant’s basis of knowledge can defeat probable cause)
- State v. Mische, 448 N.W.2d 415 (N.D. 1989) (search of home requires nexus between house and evidence sought)
- State v. Christensen, 561 N.W.2d 631 (N.D. 1997) (Rule 404(b) does not bar evidence intrinsic to same criminal activity; 404(b) admissibility framework)
- State v. Alvarado, 757 N.W.2d 570 (N.D. 2008) (404(b) evidence admissible for motive/plan/preparation)
- State v. Barendt, 740 N.W.2d 87 (N.D. 2007) (standard for sufficiency of evidence review)
- State v. Jaster, 690 N.W.2d 213 (N.D. 2004) (abuse of discretion standard for juror-for-cause rulings)