Summary
The Wyoming Supreme Court affirmed Danell Blevins’s conviction for felony exploitation of a vulnerable adult. The court held that sufficient evidence supported the jury’s finding that the victim was a vulnerable adult and concluded that, although the exploitation instruction improperly included both reckless and intentional conduct, the error did not prejudice Blevins because the elements instruction required intentional conduct.
Topics
Practice areas
Questions Presented
- Whether sufficient evidence established beyond a reasonable doubt that Tefertiller was a vulnerable adult under Wyoming law.
- Whether the jury instruction defining exploitation improperly included both reckless and intentional mental states when Blevins was charged with felony intentional exploitation.
Holdings
- The evidence was sufficient for the jury to find that Tefertiller was a vulnerable adult because, as a result of advanced age and physical and mental impairments, he was unable to manage and care for himself and his assets without assistance.
- The definition-of-exploitation instruction was confusing and should have included only the intentional mental element applicable to the charged felony, but the error did not constitute reversible plain error because the elements instruction correctly required intentional conduct and the evidence showed that Blevins acted intentionally.
Key quotations
“The plain language of § 6-2-507 does not require a nexus between the victim’s particular impairment and the exploitation.” (¶ 22)
“We agree with Ms. Blevins that the district court’s definition of exploitation in Instruction No. 18 was confusing because it included the mental elements for both the felony and misdemeanor crimes.” (¶ 29)
“The jury was clearly and properly instructed in Instruction No. 17 that it had to find that Ms. Blevins acted intentionally in order to find her guilty.” (¶ 31)
Factual background
Danell Blevins, a licensed practical nurse at a Veterans Affairs clinic, befriended Richard Tefertiller, an approximately seventy-three-year-old disabled veteran with PTSD, alcohol-related problems, memory issues, and physical impairments. Between January 2014 and January 2015, Tefertiller gave Blevins approximately $39,550, at least $39,000 of which was intended as a loan for her nursing education. Blevins did not enter the nursing program and instead used most of the money for personal expenses. Evidence showed that Tefertiller required assistance with physical tasks, medications, bills, and financial management, and Blevins admitted that she knew he was vulnerable and experiencing mental problems.
Procedural history
A jury in the Uinta County District Court convicted Blevins of intentionally exploiting a vulnerable adult. The district court sentenced her to one to four years in prison and ordered $39,000 in restitution. The Wyoming Supreme Court affirmed.