State v. Warfield

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Questions Presented

1. Whether the State's charging decision for simple assault was reviewable when Warfield alleged that a four-second surveillance-video gap undermined the charge.
2. Whether the circuit court erred by allowing the jury to view the surveillance footage in Exhibit 1.
3. Whether the circuit court abused its discretion by refusing to instruct the jury on self-defense.
4. Whether the State violated Warfield's due process right to present a complete defense by failing to provide additional footage from backup servers and a third surveillance camera.
5. Whether submitting both simple-assault Counts 1 and 2 to the jury violated double-jeopardy protections.

Holdings

1. A prosecutorial charging decision is generally unreviewable absent facts showing an arbitrary abuse of prosecutorial power or another due process violation. Because Warfield alleged neither selective nor discriminatory prosecution nor any other due process concern, the court declined to review the State's decision to charge simple assault.
2. Warfield waived any challenge to the admission of Exhibit 1 by affirmatively stating that he had no objection to the exhibit and by relying on the footage and its four-second gap as part of his defense.
3. A defendant is entitled to a self-defense instruction only when evidence supports the theory. In a case involving force against a law-enforcement officer, self-defense is unavailable unless the officer used excessive force or acted outside the scope of lawful duties. Because Warfield presented no evidence that the officers used excessive force or acted unlawfully, the circuit court properly refused the instruction.
4. The State did not violate Warfield's constitutional right to present a complete defense or its duty to preserve evidence by failing to provide additional footage from the backup servers and a third camera angle. The unavailable evidence lacked apparent exculpatory value, comparable evidence was available, and Warfield failed to establish prejudice.
5. Double-jeopardy principles do not prevent the State from charging and submitting multiple alternative counts arising from the same conduct when the defendant is not subjected to multiple convictions or punishments for the same offense. Because Warfield was convicted and sentenced on only Count 1, submitting Counts 1 and 2 to the jury did not violate double jeopardy.

Key quotations

Factual background

While incarcerated at Mike Durfee prison, Warfield's television was confiscated after officers observed that it lacked required security stickers. Warfield followed the officer carrying the television, struck and damaged a computer monitor with an electric kettle, and then damaged a wall-mounted television. After officers approached and ordered him to cuff up, Warfield punched Correctional Officer Christopher Day; the incident was recorded by prison surveillance cameras, but the footage contained a four-second skip. Warfield claimed the missing footage could have supported self-defense and challenged the State's failure to preserve additional footage.

Procedural history

Warfield was indicted in the Circuit Court of the First Judicial Circuit, Bon Homme County, on two counts of simple assault and one count of intentional damage to property. After a jury trial, he was convicted on Count 1, simple assault under SDCL 22-18-1(1), and Count 3, intentional damage to property under SDCL 22-34-1(1), and acquitted on Count 2. The circuit court imposed a two-year sentence on Count 1 and ordered restitution and court costs on Count 3. The Supreme Court of South Dakota affirmed.