Considered on Briefs: April 20, 2015.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT CLAY COUNTY, SOUTH DAKOTA. THE HONORABLE CHERYLE W. GERING, Judge.
MARTY J. JACKLEY, Attorney General, BETHANY L. ERICKSON, Assistant Attorney General, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.
A. JASON RUMPCA of Peterson, Stuart, Rumpca & Rasmussen, Prof., LLC, Beresford, South Dakota, Attorneys for defendant and appellant.
WILBUR, Justice. GILBERTSON, Chief Justice, and ZINTER, SEVERSON, and KERN, Justices, concur.
[¶1] David Deal was convicted of first-degree rape and sexual contact with a child under the age of 16. Deal alleges that the circuit court committed reversible error when it denied his motion for judgment of acquittal and his motion to suppress statements in violation of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We affirm.
[¶2] In August of 2013, Deal hosted a hog roast at his cabin outside of Vermillion, South Dakota. L.S.S. attended the hog roast with his daughter L.S., age seven at the time, and her younger sister N.S. L.S.S. was going through a separation with his wife, A.S., at the time. During the weeks following the hog roast, L.S. began exhibiting changes in her behavior. A.S. received phone calls " a couple times a week" from L.S.'s first-grade teacher regarding her behavior. Her teacher mentioned that L.S. was becoming more aggressive and demanded attention at school. Previously, when L.S. was in kindergarten, A.S. never " had an issue" or " had to talk to the teacher" about L.S.
[¶3] On November 26, 2013, L.S. got in trouble at school. L.S. explained to A.S. that nothing happened and that she was fine. Later that evening, A.S. told her boyfriend, R.E., that children can act out after being molested. R.E. asked A.S. if she would like him to talk with L.S., and she said, " [Y]ou can give it a try." He asked L.S. if her classmates were being mean to her or if any adults were mistreating her. He then asked her if any person had given her a " bad hug." She answered " yes." He asked her who gave her a " bad hug," and she said " Dave." R.E. informed A.S. what L.S. shared with him about David Deal. In a subsequent conversation, L.S. told A.S. that Deal put his hand down her pants and digitally penetrated her. A.S. immediately called law enforcement and reported the incident. A.S. then called Deal and confronted him about the allegation. Deal denied touching L.S.
[¶4] The next day on November 27, 2013, Chief Deputy Jerami West met with A.S. and L.S. at the Child Advocacy Center in Sioux City, Iowa. L.S. underwent a forensic interview where she described the incident to the interviewer. L.S. stated
that on the night of the incident, everyone was sitting around a fire pit outside of Deal's cabin. She went inside the cabin by herself to use the bathroom. On her way to the bathroom, Deal grabbed her and put his hand down her pants and touched her genital area. She told him to stop and he refused. L.S. then hit him on his back or stomach and ran into the bathroom and shut the door. She said Deal knocked on the door and shouted, " [O]pen this door." She described the bathroom door as having a " lock that you twist." At trial, Deal ...