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State v. Goodshot

Supreme Court of South Dakota

June 7, 2017

STATE OF SOUTH DAKOTA, Plaintiff and Appellee,
v.
JEREMY JACOB GOODSHOT, Defendant and Appellant.

          CONSIDERED ON BRIEFS MAY 30, 2017

         APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA THE HONORABLE ROBIN J. HOUWMAN Judge

          MARTY J. JACKLEY Attorney General ANN C. MEYER Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee.

          MARK KADI of Minnehaha County Office of the Public Advocate Sioux Falls, South Dakota Attorneys for defendant and appellant.

          ZINTER, Justice.

         [¶1.] 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.

         Facts and Procedural History

         [¶2.] 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.

         [¶3.] 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.

         [¶4.] 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.

         [¶5.] 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.

         [¶6.] 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.

         [¶7.] 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.[1]

         [¶8.] 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" ...


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