Summary
The North Dakota Supreme Court affirmed Vincente Chacano’s convictions for attempted murder of two individuals arising from a courtroom incident involving a handgun. The court held that an audio recording of the scuffle was properly admitted, that sufficient evidence supported the convictions, and that an improper prosecutor statement during closing argument did not constitute reversible obvious error.
Topics
Practice areas
Questions Presented
- Whether the trial court erred by admitting an audio recording of the courtroom scuffle under N.D.R.Ev. 401 and 403.
- Whether sufficient evidence supported Chacano’s convictions for attempted murder of Byers and Molbert.
- Whether the prosecutor’s statement during closing argument that Chacano’s testimony was a lie constituted obvious error requiring reversal.
Holdings
- The trial court did not abuse its discretion or commit obvious error by admitting the audio recording because it was highly relevant to the timing and sequence of events and its probative value was not substantially outweighed by the danger of unfair prejudice.
- Sufficient evidence supported the convictions because the jury could reasonably infer that Chacano acted with the culpability required for murder and intentionally took substantial steps toward killing Byers and Molbert.
- The prosecutor’s statement that Chacano’s testimony was a lie was improper, but it did not constitute obvious error requiring reversal because Chacano failed to show that the isolated comment affected his substantial rights.
Key quotations
“The recording was highly relevant. The State used it to show that seconds after the jurors’ dismissal Chacano pointed the gun at Byers, who had just successfully prosecuted Chacano, and pulled the trigger, illustrating motive and intent.” (299)
“These substantial steps strongly corroborate Chacano’s intent to kill Byers, and later Molbert when he reacted to the situation.” (301)
“Prosecutors can argue inferences and what the evidence shows, but opining “[t]he Defendant’s testimony is a lie,” is improper because it goes beyond an inference.” (302)
Factual background
After a jury returned guilty verdicts against Chacano in an earlier trial, Chacano returned to the courtroom from lunch while the jurors were being dismissed. He produced a loaded handgun, pointed it at Assistant Attorney General Jonathan Byers and Sheriff Eugene Molbert, and repeatedly pulled the trigger; the gun did not fire, and Byers and Molbert subdued him. Chacano testified that he had accidentally brought the gun into the courtroom and intended only to dispose of it, but the State presented testimony and an audio recording supporting an intentional attempt to shoot Byers and Molbert.
Procedural history
After a jury trial in Adams County, Chacano was convicted of attempting to murder Jonathan Byers and Sheriff Eugene Molbert and acquitted of attempting to murder twelve jurors. He appealed, arguing that an audio recording of the courtroom scuffle was improperly admitted, that the evidence was insufficient, and that the prosecutor’s closing argument denied him a fair trial. The North Dakota Supreme Court affirmed.