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State v. Andrews3/14/2001
As amended May 7, 2001.
STATE OF SOUTH DAKOTA PLAINTIFF AND APPELEE
v.
AARON ANDREWS DEFENDANT AND APPELLANT
Mark Barnett, Attorney General Frank Geaghan, Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee Becky A. Janssen Pennington County Public Defender's Office Rapid City, South Dakota Attorneys for defendant and appellant
The opinion of the court was delivered by: Per Curiam
South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. Thomas L. Trimble, Judge
Considered on Briefs January 8, 2001
[ .] Aaron Andrews appeals from a judgment of conviction of first degree manslaughter, claiming 1) improper admission of other act evidence, 2) improper admission of expert witness testimony, and 2) failure to give a lesser included jury instruction. We affirm.
FACTS AND PROCEDURE
[ .] On the evening of July 12, 1999, Andrews, age 19, and his live-in girlfriend, Tasha Davis, age 21, attended a party at a Box Elder, South Dakota residence. This party was later moved to a Rapid Valley residence where a decision was made to purchase a keg of beer. Andrews supplied the keg's tap, which had been given to him by a deceased cousin and had some apparent sentimental value to him. Some of the individuals partying at the Rapid Valley residence began fighting. The party moved to another residence and the revelers attempted to obtain a second keg of beer. At this location, a fight broke out between Andrews and his uncle, Merv Ledeaux, over Andrews' tap which was found in Ledeaux' vehicle after he told Andrews he did not have it. Several others joined this brief fight before everyone drove away in three separate vehicles.
[ .] Andrews and his passenger, Tom Zephier, drove to the residence of a friend, Nick Vasquez, in Rapid City. Andrews told Vasquez he had been in a fight and asked to clean up in his bathroom. Andrews retrieved his shotgun and shells from behind his friend's couch. He had earlier brought the gun to Vasquez to try to sell it. Vasquez asked him why he was taking the gun and Andrews told him he wanted to scare Ledeaux.
[ .] Inside the vehicle, Andrews asked Zephier to load the gun. While Zephier was looking for a shell, he handed the gun back to Andrews who loaded it himself. When Zephier asked if he was looking for anyone, Andrews responded "Merv." Andrews and Zephier proceeded to drive through Rapid City where, on Haines Avenue, they met with one of the other three vehicles from the party. They pulled alongside this vehicle and Andrews asked the whereabouts of Ledeaux. The shotgun was observed sticking 4-5 inches out of the driver's side window.
[ .] Andrews proceeded north on Haines Avenue with the gun still out the window until he came upon the third vehicle. Davis was in the passenger seat; Ledeaux was not in the vehicle. Andrews pulled alongside this vehicle and yelled to the driver to pull over. The gun discharged killing Davis instantly. All three vehicles proceeded a short distance to the residence of Andrews' aunt. Andrews exited his vehicle and began wailing Davis' name and the names of their children. One of the passengers prepared to take Davis to the hospital but Andrews' aunt advised them she had already called the police. Andrews fled and was stopped by police after a brief chase through Rapid City. He walked toward the first officer, making obscene gestures. A second officer approached him from behind and took him to the ground. As he was being handcuffed, Andre
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