on Briefs February 16, 2016
FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
MINNEHAHA COUNTY, SOUTH DAKOTA. THE HONORABLE SUSAN M.
J. JACKLEY, Attorney General, JARED TIDEMANN, Assistant
Attorney General, Pierre, South Dakota, Attorneys for
plaintiff and appellee.
BLOUIN, Minnehaha County, Public Defenders Office, Sioux
Falls, South, Dakota Attorneys for defendant and appellant.
Justice. GILBERTSON, Chief Justice, and SEVERSON, WILBUR, and
KERN, Justices, concur.
[¶1] A jury returned guilty verdicts against
Rocky Traversie on six counts of kidnapping in the first
degree, eleven counts of aggravated assault, possession of
methamphetamine, and possession of methamphetamine with
intent to distribute. The circuit court entered a judgment of
conviction and sentence on six of the counts, and Traversie
appeals. We affirm.
and Procedural History
[¶2] On February 5, 2014, Sioux Falls Metro
Communications received a 911 call from a woman requesting
assistance. Police would later identify the woman as Tanya
Ross. Tanya told the dispatcher that " we are being held
hostage by a family member, please come." The call
disconnected and a second 911 call was received a few moments
later from Michelle Miller. Miller stated that her neighbors
" came pounding on my door, they say they need the cops,
I don't know what is going on." The evidence
reflects that Tanya and her son, C.D.R., were at Miller's
door asking her to call the police. When asked by the
dispatcher what was going on, Miller responded, " The
brother is going crazy[.]" Miller also told the
dispatcher that " the brother" was Rocky Traversie.
[¶3] C.D.R. then spoke to the dispatcher. He
told the dispatcher that Traversie threatened to kill them.
C.D.R. also indicated that Traversie " just came inside
after he heard us call the police on him, and me and my mom
just jumped out a window." C.D.R. indicated that
Traversie was still in their residence with C.D.R.'s
grandmother and three other children. He stated that his
grandmother was " still trapped down there with
[Traversie]." C.D.R. indicated that Traversie was high
on methamphetamine. He also indicated that Traversie struck
Tanya on the head and struck C.D.R.'s grandmother on the
leg with a brick. While C.D.R was on the phone, Miller and
Tanya watched outside because Tanya was afraid that Traversie
might follow them. They believed Traversie left because his
vehicle was no longer parked at the apartment complex.
[¶4] Police Officers Starr and Hanisch were
the first law enforcement officers to arrive. Officer Hanisch
made contact with C.D.R.'s grandmother, Diana Ross, who
is Traversie's mother. C.D.R. was with Diana, and C.D.R.
confirmed that Traversie struck Diana with a brick.
[¶5] While this conversation was occurring,
a third officer, Officer Dunteman, observed that a vehicle
matching the description of Traversie's had returned to
the parking lot of the apartment complex. When Officer Starr
located Traversie and informed him that he would be detained,
Traversie punched Officer Starr in the face. Moments later,
Traversie punched Officer Dunteman in the face, forcing him
to the ground. With these officers temporarily incapacitated,
Traversie delivered a series of punches to the face and body
of Officer Hanisch. Traversie was subdued after more officers
arrived. During his arrest, several baggies containing
methamphetamine were found on Traversie's person. The
baggies contained three incremental ...