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State v. Boone1/30/2004
Affirmed.
Brandon C. Boone appeals his jury trial convictions of one count each of first-degree murder, aggravated robbery, aggravated burglary, and aggravated arson. He does not contest the aggravated robbery and aggravated burglary convictions but contends the evidence was insufficient to support the aggravated arson and first-degree murder convictions. He also claims that the district court should have given lesser included jury instructions for second-degree murder and involuntary manslaughter. We affirm.
Facts
On June 28, 2001, Mark Eads, the victim, attended a barbecue at the home of Bonnie Laurel. Zachary Steward approached Laurel and told her he was looking for Eads. Steward found Eads and they talked for a few minutes. They then left together in the direction of Eads' home. About an hour later, Eads returned to the barbecue and told Laurel that he and Steward had gone to Eads' house, that they smoked crack, and he had sucked Steward off. Eads told her that Steward had gone to a friend's house on Bitting Street, and when he did not return, Eads decided to return to the barbecue. About an hour later, Steward returned to the barbecue and spoke with Eads. Steward and Eads again left the party around 10:30 or 11:00 p.m. for Eads' home, taking with them three cans of Milwaukee's Best beer.
About 4 p.m. the same day, Rachel Mroczkowski went to see her friend Chelsie Christner and Chelsie's boyfriend, the defendant Brandon Boone, at Christner's home on 1216 Bitting Street. Mroczkowski testified that the defendant left the house for about an hour and returned around 8 p.m. with a guy named Jose. Steward arrived at Christner's home and Jose gave Steward and the defendant tattoos before leaving.
Steward left the house for about 30 minutes, returned, and asked if anyone wanted to buy cocaine, and then left again for about 30 more minutes. Upon his return, Steward said he was at a guy's house who was trying to sell him cocaine, and the guy grabbed him in the crotch and offered him a blow job in exchange for cocaine. Steward said he took beer and cigarettes and left; however, he repeatedly said that he "wanted to kick the fag's ass and take his shit" in front of the defendant.
Nick Farinas also lived on Bitting Street close to Christner's and was a friend of Chelsie and her brother Cory Christner. He arrived at Christner's home around 12:30 a.m. on June 29, 2001. He verified that Steward told everyone present, Chelsie Christner, Mroczkowski, himself, and the defendant, that he had been touched at a party, that he wanted to find this guy and beat his ass, and that he wanted to steal items from the guy. Steward asked Farinas if he wanted to go "kick his ass," but Farinas declined the invitation. Farinas went to the grocery store to buy cigarettes and upon his return, Steward and the defendant left Christner's home.
Mroczkowski testified that the defendant and Steward left the house, were gone for about 30 minutes, and returned with a CD player. Later that evening, Mroczkowsi and the defendant were upstairs and Steward called for him saying that he had just thought of something really important and they needed to talk. The defendant told Mroczkowski that he had to leave for a little bit to go "back to the fag's house" to wipe up the fingerprints they had left. Steward and the defendant left again for about 45 minutes, returning around 3 a.m.
At approximately 3 a.m. on June 29, 2001, a house fire was reported in the 1200 block of North Jackson. The fire was located at 1218 North Jackson, and arson investigator Stuart Bevis testified that Eads rented this residence. Firefighters discovered Eads, who was deceased, slump
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