Tofelogo v. State
408 P.3d 1215
Alaska Ct. App.2017Background
- Tofelogo and victim Dennis Fathke were roommates at a treatment group home; Tofelogo accidentally fatally stabbed Fathke while play-acting with a long knife.
- Tofelogo pleaded guilty to criminally negligent homicide and stipulated that aggravator AS 12.55.155(c)(18)(A) (victim is a household member living in same dwelling) applied, exposing him to a 1–10 year range.
- The superior court sentenced Tofelogo to 6 years with 4 years suspended (2 years to serve) and said it gave “some weight” to the household-member aggravator.
- At sentencing Tofelogo sought mitigator AS 12.55.155(d)(9) (conduct among the least serious); the court rejected it, finding the conduct close to reckless/ manslaughter-level.
- On appeal Tofelogo argued the household-member aggravator was inapplicable in light of the statute’s domestic-violence rationale; he also challenged rejection of the mitigator.
- Court of Appeals affirmed rejection of the mitigator but held the sentencing court erred in giving any weight to aggravator (c)(18)(A) because the relationship/ motive features central to domestic-violence policy were absent; remanded for re-sentencing.
Issues
| Issue | Plaintiff's Argument (Tofelogo) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether mitigator (d)(9) — "among the least serious" — applies | Conduct was among least serious within criminally negligent homicide | Conduct was not proven by clear and convincing evidence to be among the least serious | Mitigator rejected; appellate court affirmed |
| Whether aggravator (c)(18)(A) (victim is household member) may be weighed | Although literal elements fit, the domestic-violence rationale does not apply to this accidental roommate killing; the aggravator should have no weight | Aggravator applies literally when victim lives with defendant; sentencing court may weigh it | Aggravator (c)(18)(A) should have been given no weight here; remand for re-sentencing |
| Whether sentencing judge’s reliance on prior criminal history requires reversal | N/A on appeal (reserved for re-sentencing) | N/A | Not reached; may be addressed at re-sentencing |
Key Cases Cited
- Carpentino v. State, 42 P.3d 1137 (Alaska App. 2002) (statutory definition of domestic violence is overbroad and can capture relationships irrelevant to domestic-violence policy)
- Bingaman v. State, 76 P.3d 398 (Alaska App. 2003) (broad domestic-violence definition can render Rule 404(b)(4) overbroad by admitting irrelevant prior-act evidence)
- Williams v. State, 151 P.3d 460 (Alaska App. 2006) (broad domestic-violence definition can make mandatory bail restrictions unconstitutionally overbroad)
- Cooper v. District Court, 133 P.3d 692 (Alaska App. 2006) (statutory domestic-violence definition is expansive; mandatory batterer’s treatment may be inappropriate when relationship context is absent)
- Pickard v. State, 965 P.2d 755 (Alaska App. 1998) (aggravator for household-member victim reflects legislature’s view that assaults against household members can be atypically serious)
- Bates v. State, 258 P.3d 851 (Alaska App. 2011) (domestic violence’s hallmark is control/coercion within intimate relationship; relationship context matters to classification)
- People v. Disher, 224 P.3d 254 (Colo. 2010) (defining domestic violence by reference to coercive intimate-relationship conduct)