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Rose v. State3/21/2001
MEMORANDUM OPINION AND JUDGMENT
No. 4363
Roger B. Rose, Jr., was convicted of burglary in the first degree, attempted murder in the first degree, and arson in the first degree. Rose was fifteen years old at the time he committed these offenses. The state obtained a waiver of juvenile jurisdiction and Rose was sentenced as an adult. Superior Court Judge Ralph R. Beistline sentenced Rose to a composite sentence of forty-eight years with eighteen years suspended. Rose appeals, arguing that the sentence is excessive. We affirm.
In 1998, Rose was on probation in the State of California for three felony burglaries, driving while intoxicated, and theft. Rose left California while on probation without informing his probation officer and moved to Fairbanks in the fall of 1998. In October 1998, Rose burglarized Roger Fuiten's home and, among other items, stole a .22 caliber pistol that had a laser scope on it.
On October 16, 1998, Rose decided to test the weapon. Rose climbed a tree and saw Mary Teel in her living room, sitting on the couch watching television. Rose put the red laser dot from the sight on Teel's neck and pulled the trigger. The bullet struck Teel in the back of the neck. According to a friend of Rose's, Rose later told him that he thought he had killed the woman and Rose did not appear to be the least bit upset about it.
Fortunately, Mary Teel was not killed. According to Doctor Richard Raugust, who testified at the grand jury, because the .22 caliber bullet was not a high-powered projectile, and because it had to penetrate triple-pane glass before it struck Teel, the bullet flattened out before it struck her. According to Doctor Raugust, had the bullet struck Teel with more force, it could have easily hit a major artery or vein or could have rendered her a permanent quadriplegic. Fortunately, Teel suffered no permanent long-term physical damage.
In addition to shooting Mary Teel, Rose fired the rifle several times through a window in a house across the street from Teel. The house was unoccupied at the time.
A short time later, Rose became angry with Darnell Johnson because he had given Johnson money for marijuana and Johnson had kept the money and not provided the marijuana. Rose decided he would burn down Johnson's house to get even. Rose called Johnson's residence at about 1:00 a.m. on October 25, 1998, and asked for Johnson. Johnson's mother answered the phone and told him that it was too late to be calling and not to call that late again. She said Johnson was sick with the flu. Rose obtained detergent bottles and took a cab to a gas station and purchased gasoline. The cab driver stated that he picked Johnson up at about 12:00 a.m. on October 25. Rose told the cab driver that he had a friend who had a snow machine that had run out of gasoline. Rose then had the cab driver drive him to the area of Johnson's residence.
Johnson lived in an apartment complex. Rose poured gasoline all over the front and back entrances to Johnson's apartment. He then set the entrances on fire. Fortunately, Johnson's mother heard a noise and quickly discovered the fire. Although she had to exit through flames, she and her son were able to get out of the building and alert other occupants of the building about the fire. She reported that her family lost everything in the fire. At the grand jury, several other residents of the apartment complex testified to the fear that they felt from the fire and to their extensive losses due to smoke, water, and heat damage.
After he was arrested for the preceding offenses, Rose was placed in a Fairbanks youth facility. During his stay at the youth facility, he was involve
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