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State v. Milk2/23/2000
Appeal from the Sixth Judicial Circuit, Tripp County, SD Hon. Max A. Gors, Judge
Affirmed
Considered on Briefs Jan 10, 2000; Opinion Filed Feb 23, 2000
[ ] Defendant Mark Milk (Milk) appeals a life sentence for first-degree manslaughter as cruel and unusual punishment. Milk also appeals the trial court's denial of his motion to reopen the resentencing hearing to present psychological testimony. We affirm.
FACTS AND PROCEDURE
[ ] On the morning of October 3, 1993, Milk, age 19 was involved in several altercations with Shawn Peneaux (Peneaux) outside of the John King Memorial Dance Hall in Winner, South Dakota. At approximately 1:30 a.m. Winner police officers were called to the dance hall to respond to a possible knife fight. Bystanders testified at the grand jury proceeding that Milk and Peneaux had gotten into a fight, and that Milk had a knife. When the police arrived however, the fight broke up and Milk threw the knife into the ditch. No one was injured by the knife at this time. After the dance, Milk began to walk home his girlfriend Renee Foote. During this walk, Peneaux and some of his friends confronted Milk and Foote.
[ ] The State and Milk disagree as to what happened next. Milk claims Peneaux and he began talking, when Peneaux hit him above the eye with a rock. A fight began and Peneaux got on top of Milk, with one hand on his throat and one hand hitting him in the face. Milk alleged Peneaux called to his friends to come over and help him. At that time, Milk grabbed his knife and stabbed Peneaux in the chest, in the side, and three more times in the back. Milk had to roll Peneaux off of him. Milk then began kicking Peneaux in the head and face, as Peneaux tried to get up. Milk also hit Peneaux in the face twice with the knife. Milk then ran to catch up with Foote.
[ ] Foote testified at the grand jury proceeding that she only saw an initial fight, when Peneaux and his friends accosted Milk. Foote testified she and the others ran away, but, before she left she saw Milk kick Peneaux twice. Milk was wearing steel-toed combat boots. A short time later, Milk caught up with Foote on her way home. Foote testified Milk told her he had beat-up Peneaux and kicked him in the head until "his head was soft." At this time, Milk was acting " haky ...," " cared, nervous." However, Foote testified that once Milk had seen her home, he went back to find Peneaux. Milk later came back to Foote, at which point Milk told her he had stabbed and killed Peneaux. Milk stated one of the stab wounds went through Peneaux's body from front to back and scraped the pavement.
[ ] Peneaux died sometime during the early morning hours of October 3, 1993 on a street in Winner. His body was found by the police at approximately 6:00 a.m. on October 3. Peneaux's face was lacerated and bruised, and he had been repeatedly stabbed and slashed, including a series of cuts from ear to ear. The top of his right ear had been cut off as well. The autopsy report indicates:
The cause of death, therefore, was hemothorax secondary to multiple stab wounds to the chest. Although the beating sustained by the decedent to the head and face was quite significant, an undoubtedly contributory to the death, these injuries did not appear to be immediately life threatening. The manner of death is consistent with homocide .
Peneaux bled to death from deep knife thrusts to his chest, which caused massive internal bleeding.
[ ] Milk was interviewed by police officers later the same morning. When law enforcement spoke with Milk, Milk admitted to the stabbing and killing, but indicated it was in self-defense, because Pen
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