CONSIDERED ON BRIEFS MAY 30, 2017
FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
MINNEHAHA COUNTY, SOUTH DAKOTA THE HONORABLE ROBIN J. HOUWMAN
J. JACKLEY Attorney General ANN C. MEYER Assistant Attorney
General Pierre, South Dakota Attorneys for plaintiff and
KADI of Minnehaha County Office of the Public Advocate Sioux
Falls, South Dakota Attorneys for defendant and appellant.
Jeremy Goodshot was convicted of several offenses charged in
two indictments. He appeals the circuit court's decision
to join the indictments for trial. He also appeals an
evidentiary ruling. We affirm.
and Procedural History
On the morning of August 13, 2015, Kenny Maldonado-Molina was
awakened by his dog barking outside, and he left his house
with a handgun to investigate. He observed a man, later
identified as Goodshot, holding a machete over his head.
Because Goodshot walked towards Maldonado-Molina in a
threatening manner, Maldonado-Molina displayed the gun and
warned Goodshot to stay back. When Goodshot kept advancing,
Maldonado-Molina fired two shots at the ground. Goodshot fled
the scene in a vehicle, and Maldonado-Molina had his
girlfriend call 911.
Responding police officers observed that a lug nut had been
removed from a tire on one of Maldonado-Molina's
vehicles, two bullet marks on the ground consistent with
gunshots, and a trail of blood that led into the alley and
abruptly stopped. The officers suspected that one of the
gunshots had ricocheted and struck Goodshot.
While the officers were still questioning Maldonado-Molina,
law enforcement received a report of a roll-over accident at
a not-too-distant location. Witnesses reported that the
driver ignored their offers for help and ran off while
talking on a cell phone. One unknown witness reported that
the driver may have possessed a gun. After arriving at the
accident scene, officers found a machete, two tire irons, and
a credit card with Goodshot's name inside the vehicle.
They also observed blood inside the vehicle and a trail of
blood leading away from the vehicle. They further learned
that the vehicle was owned by Goodshot's girlfriend.
Goodshot immediately became the suspect in both incidents.
Because law enforcement had received the report that Goodshot
might be armed, a S.W.A.T. team was deployed to apprehend
him. Goodshot was eventually found a short distance from
where the S.W.A.T. team was searching. He was leaning against
a fence with a string tourniquet on his leg.
Later that evening, Debra Cummings, who lived in the area
where Goodshot was apprehended, returned home and discovered
that her house had been broken into. Her door was open, and
she found a bloody dishcloth from her kitchen sink in a
bedroom. She observed blood stains in several rooms
throughout her house. She also found a glass with bloody
handprints on her kitchen counter and a bloody fingerprint on
a partially consumed bottle of soda inside her refrigerator.
Subsequent fingerprint and DNA analysis matched the
fingerprints and blood with Goodshot.
On August 27, 2015, Goodshot was indicted for four offenses-
aggravated assault, tampering with a motor vehicle, hit and
run, and driving without a valid license-arising out of the
incident at Maldonado-Molina's home and subsequent
automobile accident . On December 16, 2015, Goodshot was
indicted for second degree burglary arising out of the entry
of Cummings's home.
Shortly after returning the second indictment, the State
moved to join both indictments for trial. Over Goodshot's
objection, the court granted the motion because the "two
indictments were of the same or similar character, " the
"charges occurred close in time, location, and manner,
" and the "alleged factual scenario [was] a common
scheme or plan as it was all part of the res gestae of the
course of events." The court further ruled that joinder
would not "unduly prejudice" ...