Considered on Briefs March 23, 2015.
As Amended August 18, 2015.
APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT HUGHES COUNTY, SOUTH DAKOTA. THE HONORABLE JOHN L. BROWN, Judge.
MARTY J. JACKLEY, Attorney General, ELLIE J. BAILEY, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.
PATRICIA A. CARLSON, Pierre, South Dakota, Attorney for defendant and appellant.
GILBERTSON, Chief Justice. ZINTER, SEVERSON, WILBUR and KERN, Justices, concur.
GILBERTSON, Chief Justice
[¶1] Jason Todd Garreau appeals the circuit court's imposition of a 25-year sentence for his conviction on one count of attempted first-degree murder. Garreau asserts his sentence violates the Eighth Amendment's prohibition against cruel and unusual punishment. He also asserts the circuit court violated his due process rights in considering a federal presentence investigation report that was included in the state presentence investigation report. Finally, Garreau asserts he was denied his right to counsel and right against self-incrimination during the court services interview in violation of the Fifth and Sixth Amendments. We affirm.
Facts and Procedural History
[¶2] On October 30, 2013, Garreau borrowed a vehicle from his friend, Jason Mahto, to travel from Pierre to Fort Thompson. Mahto had active warrants. Although Garreau asserts his physical appearance is substantially different from that of Mahto, law enforcement apparently believed Garreau to be the owner of the vehicle and attempted to initiate a traffic stop before Garreau left Pierre. Rather than comply, Garreau led law enforcement on a high-speed chase through the City of Pierre, ignoring traffic signs, disregarding other motorists, and even driving on a sidewalk in order to evade a law enforcement roadblock. Garreau continued eastbound out of Pierre on highway 34, travelling at speeds in excess of 95 miles per hour.
[¶3] While fleeing from law enforcement, Garreau called his cousin, John. John intercepted Garreau on the highway, produced a firearm, and opened fire on the U.S. marshals in pursuit. At some point during the chase, John turned down a gravel road, while Garreau continued along the highway. The marshals abandoned their pursuit of Garreau and instead pursued John. The chase culminated in an exchange of gunfire in which law enforcement officers shot and wounded John. Garreau drove another few miles, abandoned his vehicle, and continued on foot into Fort Thompson. Garreau was on the phone with John when he was shot. Garreau later learned that John died as a result of his wounds.
[¶4] Garreau returned to Pierre by the following day. Upon his return, Garreau armed himself with two firearms and went into hiding in a friend's mobile home. Law enforcement learned of his location and surrounded the home at approximately 3:45 p.m. on October 31, 2013. Garreau barricaded himself in the bathroom and sat in the bathtub. Law enforcement officers were unable to convince Garreau to surrender. Garreau persisted in his refusal
to surrender, and law enforcement employed gas canisters, flash bombs, and a robot. At approximately 7:45 p.m., the SWAT team entered the home. Garreau, still positioned in the bathtub with the bathroom door closed, opened fire with his weapons through the door and walls as he heard law enforcement approach. Garreau shot Officer Cole Martin in the chest. Fortunately, Officer Martin's body armor spared him from serious injury. Officer Martin Waller also sustained injuries ...