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State v. Owens4/10/2002
issible as part of the res gestae and as "other acts" evidence under SDCL 19-16-5 (Rule 404(b)). We agree that the evidence was admissible as other acts evidence under Rule 404(b).
[ .] Under Rule 404(b), evidence of prior bad acts is not admissible to prove character. Other acts evidence is, however, admissible when similar in nature, when relevant to another material issue, and when not substantially outweighed by its prejudicial impact. State v. Wright, 1999 SD 50, , 593 NW2d 792, 799. A trial court's decision to admit other acts evidence is reviewed under the abuse of discretion standard. Id. at , 593 NW2d at 799 (citing State v. Loftus, 1997 SD 94, , 566 NW2d 825, 830) (further citations omitted).
[ .] Here, as in Wright, Owens' prior conduct was relevant to prove intent, the absence of mistake or accident, and the absence of unintended consequences. Owens was charged with the specific intent crimes of premeditated murder and murder in the course of, or attempt to commit, rape and robbery. Those charges required that the State prove Owens acted with a premeditated design to effect Ross' death, and in an attempt to rob and rape her. SDCL 22-16-4.
[ .] Owens admitted committing the physical acts that killed Ross. His defense was that he did not act with the requisite criminal intent. Owens offered a number of explanations and justifications. In some accounts, he specifically denied criminal intent. He stated, "I didn't mean to hurt that girl." On another occasion, he stated that things "just got out of hand and I snapped." He also denied criminal intent with respect to the rocks he put in Ross' mouth. In a letter to Poppenga, he indicated that Ross "was screaming . . . the rock situation [wasn't] intended to kill her. Only in my mind at the time to keep her quiet . . . . Because in all the times we [Owens and Poppenga] got really into it[,] I never liked to [hear] you scream. I was always trying to cover your mouth or something. And that was the frame of mind I was in at the time."
Owens also alleged mistake, accident, or justification. He stated, "I guess I had my hands on her throat like this . . . . I must have held it too long or too tight." He stated, "something happened here to ignite the situation." He even stated, "all I remember was that she was reaching for my billfold and trying to take my billfold and I tripped."
[ .] In light of these statements, Owens' assault of Poppenga was relevant to negate his intent defense and his claims of accident, mistake, justification, and unintended consequences. Owens' conduct with Poppenga was very similar to his conduct with Ross. During the course of the Poppenga assault, just a short time before Ross' death, Owens grabbed Poppenga by the mouth and neck in a manner similar to that which caused Ross' death. Owens' conduct in both cases caused an obstruction of the mouth and neck causing an asphixial or strangulation process. Owens also told Poppenga to "shut up" and threatened that if she "wasn't quiet he was going to hurt worse than what he was doing." (emphasis added). In each case, Owens converted his stated intent into a completed act. Poppenga blacked out, and Ross died from a similar asphixial or strangulation process. Owens' conduct and intent in both cases tended to prove Owens intended to "hurt [Ross and Poppenga] worse than what he was doing" to "shut [them] up." His prior conduct also negated his subsequent claims of accident, mistake, justification and unintended consequences.
[ .] Owens admitted causing Ross' death. His mental state was the central issue in this trial. One of the questions was whether Owens acted with a premeditated design to affect death. As the Court of A
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