State v. CoburnState v. Coburn
¶ 2 We address the following issue on appeal:
Whether the District Court erred when it sentenced Coburn to prison and did not find that Coburn suffered from a mental disease, defect, or developmental disability that rendered him unable to appreciate the criminality of his behavior or to conform his behavior to the requirements of law.
We affirm.
¶ 3 On July 12, 2015, two-year-old P.N. was in the care of Coburn while her mother, Coburn's girlfriend, worked. When she left for work, P.N.'s mother observed P.N. was "not injured and was behaving normally." Coburn's roommate, Marla George, also observed P.N. prior to leaving the house and testified P.N. appeared physically fine, though P.N.'s eyes were puffy and red, as if she had been crying.
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¶ 5 When questioned about what happened, Coburn repeatedly changed his story. He initially stated P.N. had a seizure; then he later told authorities P.N. had fallen while climbing on a pile of boxes; later still, Coburn said he blacked out and fell down stairs while holding P.N. A search of Coburn's home revealed physical evidence that P.N.'s injuries were consistent with the medical examiner's conclusions and inconsistent with any of Coburn's versions of events.
¶ 6 Coburn's behavior at the hospital was also erratic. When confronted by a doctor who questioned Coburn's story as inconsistent
¶ 7 On August 11, 2015, the State charged Coburn with Deliberate Homicide for causing P.N.'s death, Criminal Possession of Dangerous Drugs (marijuana), Criminal Possession of Drug Paraphernalia, and Obstructing a Peace Officer or Other Public Servant. On October 22, 2015, the State amended the Information to add the charge of Criminal Possession of Dangerous Drugs (methamphetamine). On December 18,
¶ 8 Following the ninety-day observation, the District Court held sentencing hearings on June 23, 2016, and July 14, 2016. On June 23, 2016, Montana State Hospital Staff Psychiatrist. Virginia Hill, M.D., testified at Coburn's sentencing hearing. Dr. Hill testified that Coburn suffered from Fetal Alcohol Spectrum Disorder (FASD)
[B]ased on my interviews with Mr. Coburn, my reading of several other evaluators' assessment of type of crime behaviors, the court reports, I do not believe that the alcohol related neurodevelopmental disorder, or ADHD, symptoms were primarily responsible for what happened on that tragic night. ... I instead attribute the ... severe tragedy ... primarily to the alcohol and drug use.
¶ 9 Dr. Hill credited being clean and sober, as well as a successful pharmacological regimen, with Coburn's progress and good behavior at the time he was transferred from MSH to court custody. Dr. Hill concluded that, because Coburn is very high functioning, he does not require the inpatient level of care provided at MSH. Instead, Coburn's needs would be met at MSP via its outpatient services.
¶ 10 At the July 14, 2016 hearing, the District Court heard testimony from Coburn's expert, Dr. Brown. Dr. Brown testified that although FASD might manifest itself in different ways at different ages, FASD involves permanent, irreparable brain damage. FASD predicts poor social judgment, a lack of adaptive functioning, a lack of impulse control, telling lies, being sneaky, and a predisposition for substance abuse. Dr. Brown reviewed Coburn's juvenile and adult criminal history and his prior treatment program records and interviewed St. Peter's Hospital staff, Coburn's family and friends, his childhood therapist, and Coburn himself. Dr. Brown testified that Coburn's case was one of the most severe she and her team had encountered. Dr. Brown testified that although Coburn has a normal IQ, his executive functioning is so impaired that Dr. Brown likened him to an individual with an intellectual disability. Dr. Brown also testified that Coburn's FASD impairment led to the rage reaction and the battery that resulted in P.N.'s death. Dr. Brown described what a severe stress reaction would do to someone like Coburn:
[T]he primal brain highjack[s] the thinking brain. ... [Coburn's] got ... a medical and a mental defect that render him essentiallyequivalent to somebody with a psychotic condition who doesn't have control over their behavior. His lack of control doesn't stem from psychosis, however; it stems from biological brain impairment.
¶ 11 Dr. Brown disagreed with Dr. Hill's conclusion that drugs and alcohol were the primary contributing factor in the violent episode that caused P.N.'s death. Instead, Dr. Brown concluded that the records throughout Coburn's life "show similar out of control tantrumming [sic] rage reactions in situations when he wasn't using alcohol or drugs," and that Coburn's deficits "are driving the offense behavior, not the substance use." She opined that even absent the drugs and alcohol in Coburn's system, the likelihood of an event like the underlying offense occurring was the same. However, Dr. Brown conceded that it was likely that "the alcohol use before the offense had some kind of an additive impact or effect on his already impaired functioning." Dr. Brown's assessment was that Dr. Hill only observed Coburn in a limited environment: one with structure and one where he was on a successful, regimented medication schedule. Dr. Brown argued this potentially gave a false impression of Coburn's abilities to function in "the real world" or, more importantly, in the supervised, but far less structured, prison environment.
¶ 12 Dr. Brown concluded that, because of Coburn's FASD, he was mentally ill and unable at the time of the offense to appreciate the criminality of his actions or to conform his behavior within the requirements of the law. She also testified that, due to his mental illness, Coburn's behavior and needs could be better served at MSH rather than prison. Dr. Brown testified that the hospital setting would provide more structure and stability, which would help Coburn with medication management and behavioral guidance.
¶ 13 Probation Officer, and author of the pre-sentence investigation report, Gina Rasmussen, testified that Coburn's juvenile criminal history, beginning at age fourteen, was the "worst criminal juvenile record" she had ever seen. Rasmussen also testified regarding Coburn's experiences and behavior during
I think that it would help explain my decision by looking at some of the testimony that I took from Dr. Hill. ... And what Dr. Hill said ... that [Coburn] had comparatively high functioning in the hospital setting.
...
[O]bservation behavior provides the best example of a person's functioning. And ... [Dr. Hill] said ... Mr. Coburn ... was not randomly impulsive.
...
[Dr. Hill] thought [Coburn] was largely affected by alcohol and street drugs, which he was not while at the State Hospital. And that accounted to a large degree for his behavior both at the State Hospital and at the time of the offense.
...
Dr. Hill ... did not believe that the alcohol syndrome disorder or the alcohol related neurodevelopmental disorder were responsible for what happened. [Dr. Hill] attributed Mr. Coburn's behavior to alcohol and drug abuse. And she indicated that he's generally not a physically violent person. ... And that gets me to Ms. Rasmussen's comment on Mr. Coburn's juvenile history. Because she said he has the worst criminal history as a juvenile that she'd ever seen. And I would say it was the longest with the most incidents of bad behavior, but it wasn't violent behavior. And it wasn't predatory behavior.
...
Dr. Hill said that at the time of the offense ... Mr. Coburn was driven by poor judgment and disinhibition from alcohol, marijuana, and hydrocodone. ... [Dr. Hill] said that although [Coburn's] fetal alcohol was a contributing factor, it wasn't the primary factor.
...
On the whole, [Dr. Hill] said [Coburn] was a high functioning patient. And [Dr. Hill] said that [Coburn's] mental health needs could readily be met on an outpatient basis. ... [T]he State Prison provides stability and structure that [Coburn] needs.
...
I haven't heard much in the way of testimony as to what happened precisely at the time of the crime that prevented [Coburn] from being able to conform, other than what has been a life history of impulsive behavior because of his fetal alcohol syndrome disorder and the alcohol related neurodevelopmental disorder. ... And I don't think that the testimony from the defense was definitive enough for me to make a finding that at the time of the commission, [Coburn] met the criteria for mental disease or disorder defense. And so for that reason, he's going to be sentenced to the Montana State Prison.
...
[G]iven the testimony of Dr. Brown ... that the prognosis for somebody with [Coburn's] diagnosis over time is that they are amen[able] to treatment and that they are amen[able] to change and that their behavior can be modified over a length of time. ... it gives him the opportunity ... to demonstrate that he's not a danger to society, that he's taken responsibility for his actions ....
¶ 15 In its oral pronouncement, the District Court also discussed Coburn's extensive juvenile criminal history, Coburn's conduct before and after the offense, and the need for justice for P.N.'s mother. The judgment was
STANDARDS OF REVIEW
¶ 16 We review a criminal sentence for legality. State v. Scarborough ,
DISCUSSION
¶ 17 Whether the District Court erred when it sentenced Coburn to
¶ 18 Pursuant to § 46-14-311, MCA, a sentencing court must consider "a defendant's mental condition whenever a defendant claims that [he] suffered from a mental disease[,] defect, [or disability] at the time of the commission of the offense" such that he was unable to appreciate the criminality of his behavior or to conform his behavior to the requirements of law. Gallmeier , ¶ 13 (internal citations omitted); Spell , ¶ 29 (quoting § 46-14-311(1), (2), MCA ); State v. Korell ,
¶ 19 A defendant has the burden of proving he suffered from a developmental disability or mental disease or disorder at the time of the offense such that he was unable to appreciate the criminality of his behavior or to conform his behavior to the requirements of law. Gallmeier , ¶ 13 ;
¶ 20 We previously held that a district court did not abuse its discretion when it sentenced a defendant to prison, rather than to DPHHS, after considering the record including the pre-sentence investigation, multiple psychological reports, DPHHS competency reports, and both parties' memoranda. Gallmeier , ¶¶ 17, 20 (citing Korell ,
¶ 21 Conversely, this Court remanded a case for resentencing after determining the record failed to demonstrate that the district court fulfilled its obligation to independently evaluate the defendant's mental condition. Raty ,
¶ 22 Coburn argues the District Court abused its discretion when it ignored Dr. Brown's testimony, required Coburn to provide a specific explanation for the offense, erroneously determined that Coburn did not satisfy the criteria for mental disease, disorder, or developmental disability pursuant to § 46-14-311, MCA, and sentenced him to MSP instead of DPHHS custody. Coburn further argues that undisputed evidence exists and supports the determination that he suffers from a mental disability attributable to his mother's in-utero alcohol consumption. While trying to supervise a two-year-old child, Coburn argues, his FASD caused his executive functioning to shut down such that he was unable to conform his conduct to the requirements of law.
¶ 23 The State counters that, contrary to Coburn's suggestion, the District Court's oral ruling evinces consideration of all the evidence presented. The State argues that the District Court properly concluded that Coburn did not meet his burden of proving to the District Court's satisfaction that he was suffering from a mental disease or disorder that rendered him unable to conform his conduct to the requirements of the law when he beat P.N. to death. Thus, the State contends, the District Court's decision was supported by evidence in the record and was not an abuse of discretion. We agree.
¶ 24 Upon Coburn's request, the District Court followed the proper procedures to investigate Coburn's mental condition, as required by statute. See § 46-14-311, MCA. The District Court independently evaluated Coburn's mental condition and considered the evidence presented by both parties. See Gallmeier , ¶ 20. In its oral pronouncement and written judgment, the District Court set forth its rationale for Coburn's sentence, and explained its deliberative process. See
¶ 25 The record further establishes that Coburn did not meet his burden of proving to the District Court that he suffered from the type of mental disease or defect as defined in § 46-14-311, MCA. See Gallmeier , ¶ 20 ; Rathbun , ¶ 15. Coburn failed to present any evidence
CONCLUSION
¶ 26 The District Court did not abuse its discretion when it sentenced Coburn to MSP rather than to DPHHS custody. We affirm.
We Concur:
MIKE McGRATH, C.J.
INGRID GUSTAFSON, J.
DIRK M. SANDEFUR, J.
JIM RICE, J.
Notes
In an Alford plea, a defendant does not admit to the criminal act and asserts innocence while acknowledging prosecutors have enough evidence to secure a conviction. North Carolina v. Alford ,
As part of the plea agreement, the State dismissed all other counts against Coburn.
FASD is an umbrella term encompassing several conditions including fetal alcohol syndrome (FAS), partial FAS, and alcohol related neurodevelopmental disorder (ARND). Both Dr. Hill and Dr. Brown testified that the current Diagnostic and Statistical Manual of Mental Disorders (DSM-5) contains a new FASD mental health diagnosis: neurodevelopmental disorder associated with prenatal alcohol exposure (NDPAE). Coburn's official diagnosis is ARND.
Both Dr. Hill and Dr. Brown testified regarding Coburn's background: At age five, Coburn was diagnosed with ADHD, and, at age fifteen, Coburn was referred to Dr. Mary Kay Bogumill, who conducted extensive testing and confirmed Coburn's fetal alcohol exposure diagnosis. Both experts relied on Dr. Bogumill's report, which concluded Coburn's behavioral problems stemmed from a combination of "interpersonal stressors," including growing up in a "rather chaotic home in that parents were frequently fighting and mother was frequently visibly intoxicated," his parents' divorce, his FASD, and his ADHD.