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State v. Trevor Chief Bear11/9/2004
On October 29, 2003, an information was filed in the district court for Scotts Bluff County charging the defendant with the following six counts: count I, burglary; count II, possession of burglar's tools; count III, theft by taking (value of more than $1,500); count IV, obstructing a peace officer; count V, driving under suspension; and count VI, driving under the influence. The defendant pled not guilty to all counts, and a jury trial was held on January 15, 2004. We summarize here the evidence presented at trial which is relevant to the issues raised by the defendant on appeal.
On the evening of October 14, 2003, Officer Justin Hehnke of the Scottsbluff Police Department testified that he began following a vehicle after observing what he considered suspicious behavior. Hehnke turned on his cruiser's overhead emergency lights in an attempt to stop the vehicle. In response, the vehicle sped up. Hehnke followed the vehicle for some distance, lost sight of the vehicle momentarily, and then, after passing through a cloud of dirt and smoke, discovered the vehicle had come to rest and was inoperable.
Hehnke saw a man, whom he later identified as the defendant, get out of the driver's side of the vehicle and run away. Hehnke pursued the defendant on foot for a number of blocks until he found the defendant lying facedown in a yard. Hehnke handcuffed the defendant and performed a search of his person. Officer Philip Martindale and another officer arrived while Hehnke was performing the search. Hehnke found in the defendant's pocket a yellow flathead screwdriver, a black glove, and a tire gauge. A large bump and a small cut were discovered on the defendant's forehead when the defendant was assisted to his feet. Medical personnel were called, and the defendant was subsequently transported to a hospital to receive treatment.
Hehnke inspected the vehicle and found it severely damaged. The rear driver's-side window and "opera window" were broken out, the steering column was badly bent, and the case around the column had been removed, thereby exposing the ignition wiring. No key was found. Hehnke ascertained that the vehicle belonged to Vernon Allan, and thereafter, Hehnke went to Allan's residence.
Hehnke and Allan inspected Allan's garage and found glass on the floor. Allan testified that he believed that whoever stole the vehicle gained access to it by smashing out a window with a brick and then reaching into the vehicle and unlocking the door. Martindale also testified that the broken window was a likely indication that that was how the defendant gained access to the vehicle. Allan stated that the brick found in the stolen vehicle matched those he had in his garage. In regard to the screwdriver found on the defendant, Allan testified that although he could not positively identify it, the screwdriver was the same type Allan kept in the trunk of the stolen vehicle. Martindale testified that in his experience, he had seen screwdrivers used to unlock glove compartments, doors, and windows, as well as to start cars.
The defendant testified in his own behalf. He stated that on the night in question, October 14, 2003, "Dave" and "Bill," two people he had met the previous week, stopped in front of his residence and asked him to "go for a ride." The defendant got in the passenger side of the vehicle. The three of them drove to a liquor store. In the liquor store parking lot, Dave and the defendant switched places so that the defendant could drive. The defendant initially testified that it was at this point that he first realized that the vehicle had been stolen, because the vehicle had been shut off with a screwdriver and the ignition switch was gone. The defendant later testified, however
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