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State v. Deverney4/15/1999
Carlton County Took No Part, Page, J.
Office of Appellate Courts
Andy Leo DeVerney was indicted and convicted of aiding and abetting the first-degree murder of Paul Antonich. DeVerney now appeals his conviction on numerous grounds. We affirm.
At approximately 8:30 p.m. on August 28, 1996, 17-year-old Antonich was driving to his parent's home when he rear-ended a vehicle driven by John Steven Martin at the intersection of Sixth Avenue East and Ninth Street in Duluth. John Steven Martin and four of his friends, Lester Greenleaf, Jamie Aubid, John Alexander "Mike" Martin and appellant, Andy DeVerney, who had all been drinking, exited the vehicle that had been driven by John Steven Martin and began verbally and physically assaulting Antonich. DeVerney admits that he may have hit Antonich through the window of the vehicle, but did not specifically remember doing so.
Following this initial assault, Greenleaf got into the driver's seat of Antonich's car and the other four men, including DeVerney, got back into the vehicle driven by John Steven Martin. Both vehicles then sped away from the scene of the accident and proceeded to the intersection of 15th or 16th Street West and 3rd Street where the men again exited the vehicle driven by John Steven Martin. Several of the men again struck Antonich, knocking him to the ground. Mike Martin testified that DeVerney was one of the men who struck Antonich at this location.
After this second assault both Greenleaf and DeVerney got into Antonich's car, with Greenleaf behind the wheel, DeVerney in the passenger seat, and Antonich in the back seat, and followed the vehicle driven by John Steven Martin onto Interstate 35. Both cars proceeded for several miles to Ditchbank Road in a remote area on the Fon du Lac reservation outside Cloquet. DeVerney testified that he got out of the car to urinate, then went to John Steven Martin's car and got a beer. The other men then exited the vehicles and John Steven Martin shot Antonich four times, killing him. While Aubid, John Steven Martin, and Mike Martin placed Antonich in the trunk of his car, Greenleaf and DeVerney wiped down Antonich's car inside and out to remove any fingerprints. After John Steven Martin drove Antonich's car into a drainage ditch, he got back in the vehicle he had been driving and drove all five men back to Duluth.
The following morning all five men got together, drove to the Blatnik Bridge in Duluth, and threw the gun used to kill Antonich into Lake Superior. Later that afternoon, a logger discovered Antonich's car in the drainage ditch and alerted authorities. Police officers had the vehicle towed out of the drainage ditch and discovered Antonich's body in the trunk.
St. Louis County medical examiner Dr. Donald Kundel performed an autopsy and concluded that Antonich's death was a homicide. Dr. Kundel testified that the cause of death was two gunshot wounds, one to the heart and one to the right forehead. Antonich suffered two other gunshot wounds, one to the neck and one to the chin. Antonich had also been severely beaten, as evidenced by blunt trauma to his ear, eyes, head, face, jaw, nose, forehead, neck, shoulders and chest. Dr. Kundel estimated that Antonich had sustained between 50 and 100 blows with either fists or feet. Investigators also found large amounts of blood in Antonich's vehicle, including Greenleaf's blood on the driver's side door and seat. Greenleaf's blood was also found on a cloth in the trunk of John Steven Martin's car.
Earlier on the morning after the murder, Mike Martin had talked to a friend, Lawrence Murray, about someone having been killed the night before. After Murray saw news reports
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