State v. Taylor ( 2021 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 47260
    STATE OF IDAHO,                                 )
    ) Filed: February 17, 2021
    Plaintiff-Respondent,                    )
    ) Melanie Gagnepain, Clerk
    v.                                              )
    )
    WILLIAM P. TAYLOR,                              )
    )
    Defendant-Appellant.                     )
    )
    Appeal from the District Court of the Third Judicial District, State of Idaho,
    Canyon County. Hon. Gene A. Petty, District Judge.
    Judgment of conviction for first degree murder, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred and
    Sally J. Cooley, Deputy Appellate Public Defenders, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Kale D. Gans, Deputy Attorney
    General, Boise, for respondent.
    ________________________________________________
    BRAILSFORD, Judge
    A jury convicted William P. Taylor of first degree murder, 
    Idaho Code §§ 18-4001
    , 18-
    4002, 18-4003; second degree murder, I.C. §§ 18-4001, 18-4003(g); and two counts of failing to
    report a death to law enforcement, I.C. § 19-4301A(3). Taylor moved for a judgment of acquittal
    under Idaho Criminal Rule 29 on the first degree murder charge, and the district court denied the
    motion. On appeal, Taylor challenges the sufficiency of evidence of the first degree murder
    conviction. We affirm.
    I.
    FACTUAL AND PROCEDURAL BACKGROUND
    The State charged Taylor with first degree murder for killing his father, Paul Taylor;
    second degree murder for killing his mother, Mary Jane Taylor; and two counts of failing to
    report a death to law enforcement. Taylor pled not guilty, and the case proceeded to trial.
    1
    At trial, the State presented evidence that Taylor moved into his parents’ house in
    Nampa, Idaho, in October 2015 and continued to reside with them at the time of the murders in
    September 2017. Several months before the murders in June 2017, Taylor wrecked his car, was
    convicted of driving under the influence, had his driver’s license suspended, and lost his job. As
    a result, Taylor was dependent on his parents who would not allow him to drive their vehicles
    and did not provide him money.        Rather, Taylor’s teenage daughter testified that Taylor
    occasionally asked her for money and that she sometimes gave him money to buy cigarettes.
    Further, Paul and Mary Jane did not allow Taylor to smoke, to drink alcohol, or to have a dog in
    their house.
    The State also presented evidence about when Paul was last seen on September 8 and
    about Taylor’s conduct between that sighting and the discovery of Paul’s and Mary Jane’s bodies
    on September 14. A friend of Paul’s testified he last saw Paul on the afternoon of September 8 at
    a local golf course where they played cards. According to the friend, he and Paul had golfed
    together for years, but Paul “had a lot of surgeries” and “couldn’t golf anymore because of the
    pain in his back and legs” so they often played cards at the course instead. Further, the friend
    testified that he and Paul planned to play cards again the following day and that the last thing
    Paul said to him on September 8 was “I’ll see you tomorrow.”
    That same day, September 8, Taylor texted his first ex-wife in the early evening and
    asked her to call him. Taylor’s ex-wife testified that when she called Taylor, he inquired about
    his dog, which she was caring for while Taylor was living with Paul and Mary Jane. Taylor said
    he could have his dog at his parents’ house and asked if he could come get the dog. When his
    ex-wife asked whether it was really true he could have the dog at his parents’ house, he laughed
    and replied, “Oh, I can see how you might think that, but no, this is true. I can have the dog
    there.” Taylor’s ex-wife described Taylor’s demeanor during the conversation as “happy,”
    “familiar,” and the opposite of “unusual.”
    On September 9, Paul did not come to play cards at the golf course as planned. His
    friend testified that he called Paul, who “was seldom late,” but that he did not answer. Also on
    September 9, Taylor picked up his dog from his ex-wife’s house while she was out, and he had
    numerous contacts with others about his parents’ whereabouts. In the morning, Taylor called a
    neighbor and left a message saying “that his mother was ill and that he could not come mow” the
    neighbor’s lawn. Taylor also visited an elderly neighbor who Mary Jane drove to church and
    2
    told the neighbor Mary Jane “wasn’t going to be able” to pick her up for church on Sunday
    because Paul and Mary Jane were “out of town.” The neighbor testified that Taylor looked
    “pretty red in the face . . . like he was just wore [sic] out or something” and that she later saw
    him driving Paul’s truck around the neighborhood. Taylor also called his sister on September 9
    and told her that Paul and Mary Jane “had decided to go to the coast”; Mary Jane had asked him
    to call her so she would not worry; and if she was not able to “get ahold of [Mary Jane]” on
    Mary Jane’s upcoming birthday on September 12, not to worry. Taylor’s sister testified that
    during this call Taylor “sounded good” and “clear” and that she “took that as a sign [Taylor] was
    doing well.”
    Over the next two days on September 10 and 11, surveillance footage from several local
    grocery stores showed Taylor buying a variety of products, including cleaning supplies. On the
    morning of September 10, Taylor bought a scrubbing pad, trash bags, carpet cleaner, Clorox
    wipes, a padlock, dog snacks, and a beer mug. On the following morning, Taylor purchased a
    scrub brush, hydrogen peroxide, and a package of 39-gallon trash bags. Later that morning,
    Taylor bought more Clorox wipes and two rolls of duct tape.
    In the afternoon of September 11, Taylor emailed his second ex-wife explaining, “I
    injured my back this morning, and it will be impossible for me to see the boys tonight[.] I
    apologize.” Taylor texted his daughter similarly stating, “I injured my back today. I will live,
    but I am not going to Boise to see the boys tonight.” When his daughter asked how he had
    injured his back, he replied, “I lifted something too heavy the wrong way.”
    By September 14, Taylor’s daughter was concerned because she had not heard from Paul,
    Mary Jane, or Taylor. That evening Taylor’s daughter, his first ex-wife, and her husband drove
    to Paul and Mary Jane’s house. When they arrived, they noticed that Paul’s truck was missing
    and that a pool of liquid was leaking from the carport shed onto the patio.           Also, they
    “immediately started noticing a smell” coming from the shed. After ringing the doorbell and
    knocking on the door, Taylor’s ex-wife went to the shed to locate a house key and discovered
    Paul’s body on the shed floor next to Mary Jane’s body, which was wrapped in a blue tarp.
    On this same night that Paul’s and Mary Jane’s bodies were discovered, a Deschutes
    County Sheriff’s deputy discovered Taylor near Bend, Oregon, sleeping in a truck with stolen
    3
    plates. After being advised of his Miranda1 rights, Taylor explained he had been on a “bender”
    because he was an alcoholic and had returned home to find his parents dead. An Oregon officer
    testified that Taylor said “he was scared,” “didn’t know what to do,” had “attempted to clean
    them up,” had “attempted to roll them up and move them,” and then took the truck and traveled
    to Oregon. Taylor claimed he did not know what happened to Paul and Mary Jane, “but
    something had happened with their faces.” The officers found blood on Taylor’s shoes and on
    the truck’s tailgate. DNA testing confirmed the former was Mary Jane’s blood, and the latter
    was Paul’s blood.
    At trial, the State presented extensive evidence of the crime scene, including voluminous
    photographs. These photographs and the accompanying testimony showed, for example, that
    when executing a search warrant, the officers “did not see any signs of forced entry” and had to
    break open the front door with a door ram. Once inside, they discovered evidence of an attempt
    to clean the crime scene including cleaning supplies such as Clorox wipes, garbage bags,
    hydrogen peroxide, and a scrub brush. They also discovered several items with blood on them
    including shoes, vinyl gloves, and towels. Further, they discovered numerous empty beer cans
    throughout the house, many of which had Taylor’s fingerprints on them. Outside the house, the
    officers discovered a ladder, a shovel, a hacksaw, and two trash cans containing numerous
    bloody items.
    The State also presented extensive photographic evidence of blood in the house,
    including in the master bedroom and in another “northwest bedroom” identified as Taylor’s. The
    criminologist, who supervised the crime scene investigation, analyzed the blood stains. She
    testified that DNA test results established the blood in the northwest bedroom was Mary Jane’s.
    A pool of moldy blood had soaked into the carpet near the bedroom closest, and blood was on
    the closest door in a “spatter pattern with radiating impact” meaning something came into
    contact with the blood, causing droplets to fly through the air. Also, a “continuous swipe
    pattern” of Mary Jane’s blood on the carpet went from the northwest bedroom into the hallway
    through the living room to the threshold of the master bedroom and ending inside the master
    bedroom. This pattern indicated “something was being drug between the northwest bedroom and
    1
    See Miranda v. Arizona, 
    384 U.S. 436
     (1966).
    4
    [the master bedroom].” Someone had attempted to clean up this swipe mark by cleaning the
    carpet and covering portions of it with a rug and a chair.
    The criminologist also testified about her analysis of the blood in the master bedroom.
    She testified that DNA test results established the blood in the master bedroom was Paul’s. The
    bed had been stripped of bedding and was saturated in blood. Blood droplets were on the
    headboard and the wall behind it, perhaps indicating one or more impacts. Blood droplets were
    also on the TV, the doorjamb, the closet, and the wall. Regarding these latter droplets, the
    criminologist testified that they “could possibly be” “falling out of a parabola” meaning the
    droplets could have been “castoff” or blood cast off a weapon during another strike.
    Finally, the State presented evidence regarding the nature of Paul’s and Mary Jane’s
    injuries, including the testimony of the pathologist who conducted the autopsies of their bodies.
    The pathologist testified that Paul had a “severe fracture” on his left temple area and his thyroid
    cartilage and hyoid bone in his neck were also fractured. Further, the pathologist testified that
    these injuries would have taken a “significant amount of force” to cause; were consistent with
    strangulation or blunt force trauma; and were likely caused by “more than one blow” or
    “multiple strikes,” although he could not say with certainty. The pathologist also testified Mary
    Jane had a skull fracture, a broken jaw, and numerous stab wounds on her neck. In addition to
    the pathologist’s testimony, the State admitted in evidence numerous photographs of Paul’s and
    Mary Jane’s bodies.
    At the close of the State’s evidence, Taylor moved for a judgment of acquittal under
    I.C.R. 29 on the first degree murder charge, arguing the State failed to prove Paul’s murder was
    premeditated. The district court denied this motion, reasoning that Paul was killed while sitting
    or lying in his bed; he died of blunt force trauma, which required significant force; and “picking
    up a weapon to use to cause that blunt force trauma” required “some thought.” The jury found
    Taylor guilty on all four counts. Taylor timely appeals his conviction for first degree murder.
    II.
    STANDARD OF REVIEW
    Appellate review of the sufficiency of the evidence is limited in scope. A finding of guilt
    will not be overturned on appeal where there is substantial evidence upon which a reasonable
    trier of fact could have found that the prosecution sustained its burden of proving the essential
    elements of a crime beyond a reasonable doubt. State v. Herrera-Brito, 
    131 Idaho 383
    , 385, 957
    
    5 P.2d 1099
    , 1101 (Ct. App. 1998); State v. Knutson, 
    121 Idaho 101
    , 104, 
    822 P.2d 998
    , 1001 (Ct.
    App. 1991). We will not substitute our view for that of the trier of fact as to the credibility of the
    witnesses, the weight to be given to the testimony, and the reasonable inferences to be drawn
    from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 
    108 Idaho 683
    ,
    684, 
    701 P.2d 303
    , 304 (Ct. App. 1985). Moreover, we will consider the evidence in the light
    most favorable to the prosecution. Herrera-Brito, 131 Idaho at 385, 957 P.2d at 1101; Knutson,
    121 Idaho at 104, 822 P.2d at 1001.
    Similarly, when reviewing the denial of a motion for judgment of acquittal under
    I.C.R. 29, the appellate court must independently consider the evidence in the record and
    determine whether a reasonable mind could conclude that the defendant’s guilt was proven
    beyond a reasonable doubt. State v. Clark, 
    161 Idaho 372
    , 374, 
    386 P.3d 895
    , 897 (2016). The
    relevant inquiry is not whether the appellate court would find the defendant to be guilty beyond a
    reasonable doubt, but whether, after viewing the evidence in the light most favorable to the
    prosecution, any rational trier of fact could have found the essential elements of the crime
    beyond a reasonable doubt. Id.; see also State v. Willard, 
    129 Idaho 827
    , 828, 
    933 P.2d 116
    , 117
    (Ct. App. 1997) (ruling same standard applies to review of denial of I.C.R. 29 motion as review
    of substantial evidence to support verdict).
    III.
    ANALYSIS
    The State alleged Taylor “willfully, unlawfully, deliberately, with premeditation, and
    with malice aforethought” murdered Paul. On appeal, Taylor contends the State failed to prove
    he premediated Paul’s murder. To prove first degree murder, “[t]he intent to kill must be the
    result of deliberate premeditation.” State v. Snowden, 
    79 Idaho 266
    , 273, 
    313 P.2d 706
    , 710
    (1957).     Premeditation requires the intent to kill “must be formed upon the pre-existing
    reflection, and not upon a sudden heat of passion sufficient to preclude the idea of deliberation.”
    Id. at 273-74, 
    313 P.2d at 710
    . Premeditation, however, “does not require any appreciable space
    of time between the intention to kill and the killing; rather, it ‘may be as instantaneous as two
    successive thoughts of the mind.’” State v Johnson, 
    136 Idaho 701
    , 704, 
    39 P.3d 641
    , 644 (Ct.
    App. 2001) (quoting Carey v. State, 
    91 Idaho 706
    , 710, 
    429 P.2d 836
    , 840 (1967)).
    Direct evidence of a premediated purpose to kill is not required. State v. Babb, 
    125 Idaho 934
    , 947, 
    877 P.2d 905
    , 918 (1994). Rather, “[t]he necessary elements of deliberation and
    6
    premeditation may be inferred from the proof of such facts and circumstances as will furnish a
    reasonable foundation for such an inference.” Id.; see also State v. Bahr, 
    163 Idaho 433
    , 436,
    
    414 P.3d 707
    , 710 (Ct. App. 2018) (“A jury may infer such intent from the commission of acts
    and the surrounding circumstances.”). “[W]here the evidence is not in law insufficient, the
    matter is exclusively within the province of the trier of fact to determine.” Babb, 
    125 Idaho at 947
    , 
    877 P.2d at 918
    .
    The Idaho Supreme Court has previously identified facts from which premeditation may
    be inferred. For example, in State v. Aragon, 
    107 Idaho 358
    , 366-67, 
    690 P.2d 293
    , 301-02
    (1984), the Court concluded that evidence of a defendant’s “pre-existing dislike for the victim,”
    “prior incidents of mistreatment of the victim,” and “previous threats against the victim” may
    furnish a reasonable foundation for an inference of premeditation. Also, “unusual and difficult to
    achieve” injuries “inflicted by extraordinary force” and by “more than one . . . blow” may
    “support a finding of a preconceived intent to kill.” 
    Id. at 367
    , 
    690 P.2d at 302
    . Further, the
    Court concluded the defendant’s demeanor after the injuries were inflicted may provide a basis
    to infer premeditation. 
    Id.
     Such conduct, for example, may include the defendant’s calm
    demeanor, his refusal to aid the victim or to seek help, and his efforts to cover up the crime. 
    Id.
    On appeal, Taylor contends “the State’s theory of first degree, premediated murder”
    required it to prove he “struck and killed Paul Taylor after his wife.” Taylor argues that
    “because the State offered no evidence demonstrating which of the victims was killed first, [his]
    first degree murder conviction is not supported by substantial evidence.” Further, Taylor argues
    that “because the time of death, date of death, and murder weapon were all unknown, the State
    failed to show Paul Taylor was killed after Mary Jane Taylor.” We disagree with Taylor’s
    assertion that the State necessarily had to prove Taylor killed Paul after murdering Mary Jane to
    establish Taylor’s premeditation for Paul’s murder.
    Taylor cites no authority in support of his assertion that because two murders occurred,
    the State was required to prove Paul was murdered after Mary Jane to show premeditation.
    Further, Taylor’s assertion ignores the State’s substantial proof of facts establishing a reasonable
    foundation from which the jury could infer premeditation. These facts include, among others,
    that Paul was killed by blunt force trauma caused by a weapon used with significant force and
    likely inflicted by multiple strikes. In addition to fracturing his thyroid cartilage and hyoid bone,
    7
    Paul had a “severe” skull fracture, which the prosecutor described during closing argument as
    “an enormous hole in his skull” the size of a “baseball.”
    Additionally, Taylor’s demeanor and conduct following Paul’s failure to show at the golf
    course as planned on September 9 support an inference of premeditation. Most notably, Taylor’s
    statements to the Deschutes County officers about his efforts to attempt to clean up and move
    Paul’s and Mary Jane’s bodies provide a reasonable foundation for an inference of
    premeditation. Likewise, the extensive efforts to clean up the crime scene following Taylor’s
    purchase of cleaning supplies like those found at the crime scene provide such a foundation.
    Also, Taylor’s communications--with his ex-wives, his daughter, his sister, and his parents’
    neighbors--show that Taylor did not exhibit any indication that he had discovered his parents
    murdered but rather he appeared “happy,” “sounded good,” was “doing well,” and was calmly
    telling conflicting stories about his parents’ whereabouts.
    Finally, that Paul was murdered in his bed provides a reasonable foundation for an
    inference Taylor premeditated Paul’s murder. Taylor concedes on appeal that “[v]iewing the
    evidence in the light most favorable to the State, Paul Taylor was killed while either sitting or
    lying in bed, in his bedroom.” Taylor argues, however, that “the sole fact that a victim was
    sitting or lying down when struck and killed is not sufficient evidence to show premeditation.”
    This argument ignores that Paul was murdered in a nonprovocative, vulnerable position,
    particularly given numerous witnesses’ testimony that Paul frequently lied down during the day
    to alleviate chronic pain. Further, attacking a vulnerable victim may infer premeditation of
    murder. See State v. Burris, 
    80 Idaho 395
    , 400, 
    331 P.2d 265
    , 268 (1958) (noting victim
    incapable of effectively making attack on defendant and of resisting defendant’s attack tended to
    show premeditated purpose to take victim’s life). Taylor’s argument also ignores the other facts,
    discussed above, supporting an inference of premeditation, including the nature of Paul’s injuries
    and Taylor’s demeanor, conduct, and statements to the police. Contrary to Taylor’s argument,
    that Paul was murdered in his bed is not the “sole fact” the State presented establishing a
    reasonable foundation for an inference that Taylor premeditated Paul’s death.
    Based on a review of the evidence, we hold that the State presented substantial and
    competent evidence to prove beyond a reasonable doubt that Taylor premeditated Paul’s murder.
    The circumstantial facts presented established a reasonable foundation to allow the jury to infer
    Taylor’s premeditation. See Babb, 
    125 Idaho at 947
    , 
    877 P.2d at 918
     (ruling premeditation may
    8
    be inferred from facts and circumstances furnishing reasonable foundation for inference); see
    also State v. Severson, 
    147 Idaho 694
    , 712, 
    215 P.3d 414
    , 432 (2009) (noting substantial
    evidence may exist even if solely circumstantial).
    III.
    CONCLUSION
    Substantial and competent evidence supports the jury’s verdict that Taylor premeditated
    Paul’s murder and is guilty of murder in the first degree. Accordingly, the district court did not
    err in denying Taylor’s I.C.R. 29 motion for judgment of acquittal, and we affirm the judgment
    of conviction.
    Chief Judge HUSKEY and Judge LORELLO CONCUR.
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