Do not kill a burglary victim when your get-away driver was the obvious first suspect and a snitch!

2016-M-336             State of Minnesota, Respondent, vs. Anthony James Cox, Appellant.

BACKGROUND:  On the night of October 22, 2013, Cox robbed and murdered Aaron Moran in Moran’s Shakopee home while Brooks Kurr waited in the get-away car.  Cox did not know Moran.  Kurr believed that Moran had gotten Kurr fired by their employer at a car service, had set up Kurr to be robbed twice, and was a drug dealer.

During the burglary, Cox shot Moran in the hip and then fired three shots into the chest of Moran’s prostrate body.  Co-workers at the car service later identified Kurr as a likely suspect, and Kurr identified Cox as the shooter.  Cox was found with evidence from the crime scene.  Cell phone evidence linked Cox to the crime scene.  A witness testified.  Cox confessed.

After a jury trial, the district court convicted Cox of first-degree premeditated murder and sentenced him to life in prison without the possibility of release. This direct appeal followed.

THE MAJORITY:  The Majority first held that the district court did not commit reversible error when it denied appellant’s motion to suppress his confession. The totality of the circumstances establish that the confession was voluntary and that appellant’s will was not overborne at the time of the confession.

Second, the Majority held that the evidence was sufficient to support appellant’s conviction of first-degree premeditated murder. Specifically, the circumstances proved regarding appellant’s planning activity, the nature of the killing, and appellant’s conduct following the murder, examined as a whole, are consistent with a rational inference that appellant premeditated the murder and inconsistent with a rational inference that appellant’s conduct was the result of a rash impulse.

DISSENT:  Justices Anderson and Gildea agreed that Cox’ confession was properly admitted.

However, they dissented with a fascinating discussion about whether the evidence supported a finding of first-degree premeditated murder, or only a finding of second-degree intentional murder.

In Minnesota, the crimes of intentional murder and premeditated murder are distinct.  The crime of second-degree intentional murder is committed when a defendant “causes the death of a human being with intent to effect the death of that person or another, but without premeditation.”  First-degree premeditated murder, on the other hand, is committed when a defendant “causes the death of a human being with premeditation and with intent to effect the death of the person.” 

“The court’s holding in this case will make a premeditated murder out of virtually any armed robbery that results in a death. More generally, an affirmance here of the premeditated murder conviction may leave few circumstances that fit the statutory definition of intentional murder. Given the legislative decision to distinguish between an intentional murder and a premeditated murder, that cannot be the law.”

               Dietzen (Stras, Lillehaug, and Hudson)

               DISSENT:  Anderson and Gildea.

               Took No Part:  Chutich.

               [CRIME] [MURDER] [PREMEDITATED] [FIRST-DEGREE] [ROBBERY] [GILDEA DISSENT]

Date: August 24, 2016