Garcia v. State

530 S.W.3d 862

Erik Omar GARCIA, Appellant

v.STATE of Arkansas, Appellee

No. CR–16–368

Court of Appeals of Arkansas, DIVISION I.

Opinion Delivered: September 20, 2017

Camille Edmison, for appellant.

Leslie Rutledge, Att'y Gen., by: Rachel Kemp, Ass't Att'y Gen., for appellee.

ROBERT J. GLADWIN, Judge

Erik Omar Garcia was convicted in the Hempstead County Circuit Court on four counts of rape and six counts of second-degree sexual assault. On appeal, Garcia challenges the sufficiency of the evidence to support his convictions and the trial court's denial of his motion to suppress his statement to police. We affirm.

Garcia was charged by felony information after his two younger cousins alleged that he had raped them.¹ On the day of his arrest, Garcia was Mirandized and questioned by Officer Jesus Coronado of the Hope Police Department. Garcia admitted to Coronado that he had used his penis to anally penetrate his eight-year-old cousin, MT. Prior to his trial on all the charges, Garcia filed a motion to suppress his statements to Coronado.

At the suppression hearing, Garcia testified that he had been twenty-one years old when he was arrested. He described that, on the day of his arrest, he had been asleep and his mother woke him and told him there were several police cars outside their house. He dressed, answered the door, was asked by police to step outside, and was told that the police had a warrant for his arrest. He was handcuffed and placed in the patrol car, but he had to lie down because he did not fit into the small back seat. He was taken to the Hempstead County jail and booked. He said he was given a jumpsuit and that he felt uncomfortable when he had to change his clothes in front of a police officer. He was then handcuffed and taken to a bench to wait for Coronado. In two to three minutes, Coronado appeared, took the handcuffs off, and escorted Garcia to the interrogation room, which he described as having been cold and small. Coronado left and came back two or three minutes later. Garcia said he had been scared because it had been his first time in the interrogation room. Coronado returned, introduced himself, and said he had questions for Garcia. Garcia testified further as follows:

[Coronado] said he had to read me my rights before he asked me any questions, but then he started asking me questions anyways. He asked me how to spell my name, what my birthday was, what my social security number was, and if I had ever been in any trouble. I said no, sir. He also asked if anybody had explained my rights and my charges. He asked who my parents were and where they worked, and how long we had been living in Hope. I was confused at this point, because I thought he was going to read me my rights and he started asking questions anyways. At that point, I thought I had to answer his questions anyways, because I didn't know if I had rights or not. He asked all these questions without providing me with any rights.

I had never heard of the Miranda decision by February 26 of this year. The highest education degree I have is a high school diploma. I do recall Sergeant Coronado reading a document to me. I did not understand what he read to me. Like I said, I never heard them before because I hadn't been in trouble before. When he asked if I understood my rights, I nodded my head, but I didn't really understand my rights. I felt like since he was an officer with a lot of power that I had to answer his questions, because I didn't know if I had rights. He slid the paper across the table and told me to initial next to my rights and sign. I did that very quickly without reading anything. I didn't read anything because I was scared and confused. He said he had to read me my rights before asking me questions, but he asked questions anyways. I thought I had to answer his questions.

The trial court filed an order on November 20, 2015, denying Garcia's motion to suppress and allowing the videotape and statement to be introduced at trial. At the jury trial, Coronado testified that he had investigated the case and had interviewed Garcia. The videotaped interview was admitted as evidence. As Garcia had described at the suppression hearing, a transcript of the interview reflects that Coronado first introduced himself and told Garcia that he wanted to get his side of the story. The interview continued as follows:

CORONADO : There's one side and there's the other. Before I have to, or asked you any questions or anything I do have to read your rights but let me ask you something. Do you work anywhere or anything?

GARCIA : Not right now.

CORONADO : Not right now. Have you been employed?

GARCIA : Yeah.

CORONADO : Okay, where did you work at?

GARCIA : I used to work at Ledwell.

CORONADO : Ledwell.

GARCIA : Texarkana.

CORONADO : Okay, how long have you lived in Hope?

GARCIA : Ah for, I was born here in Hope.

CORONADO : Oh, was you? Okay. Cool. Whose your parents?

GARCIA : Yolanda and Deotoro Garcia.

CORONADO : Where does your dad work?

GARCIA : Tyson.

CORONADO : Okay. You just look real familiar and I don't know if you look like your dad but you kind of favor somebody I know.

GARCIA : I used to go to school here in Hope.

CORONADO : Out here in Hope? Okay, what year did you graduate?

GARCIA : 2012.

CORONADO : 2012.

GARCIA : I know your son.

CORONADO : Okay, yeah, that's probably ... all right ... yeah, yeah, he just graduated last year so he was probably a, I guess a sophomore when you ...

GARCIA : Sophomore.

CORONADO : Okay, yeah. I think today's the 26th, yes. You ever been in trouble before?

GARCIA : No.

CORONADO : No? Okay, did they explain your charges to you?

GARCIA : Something like that.

The transcript reflects that Coronado continued the interview and asked Garcia how to spell his name and to provide his date of birth and Social Security numbers. After those questions were answered, Coronado read Garcia his rights from a form, and Garcia initialed each line on the form to indicate that he understood his rights. As the interview progressed, Coronado explained that MT had made allegations of rape against Garcia. The following exchange occurred:

CORONADO : ... How old was he? He's saying eight or nine but I want to hear it from you. How old was he the first time that you actually had sex with him?

GARCIA : About that time.

CORONADO : About eight?

GARCIA : Yeah.

CORONADO : Okay, now this is real important, okay.

GARCIA : I was younger before then.

CORONADO : You were younger, okay. So, if he's ten now you were nineteen?

GARCIA : Yeah, around eighteen/seventeen, around that.

During the interview, Garcia denied having penetrated or ejaculated inside MT. Coronado then told Garcia that MT had been examined by a SANE nurse and that the results of that exam would reveal whether MT had been violated. The interview proceeded as follows:

CORONADO : But there's gonna show some little tears and stuff here and there, you know, that eventually may heal over time. You know it may take years, I don't know. But I just need you to be honest with me, man. I'm not gonna think no different cause I'm gonna tell whether you stuck it just a little bit in or all the way in, it's the same thing, okay. He said that you actually went in his, in his anus and that you, he felt something wet inside of his anus on one time that he can remember. Is that true?

GARCIA : Yes.

CORONADO : Okay, so you're saying you actually did penetrate his anus at least one time?

GARCIA : Yeah.

....

CORONADO : Okay. He had mentioned in that, let me stop you real quick. He had mentioned in there that you asked if you could lick his feet. Okay, I don't know if that's some kind of something that maybe turns you on, or turns him on and you're trying to get him to do that ...

GARCIA : Right.

CORONADO : Is that true? Okay, so I guess you started to lick his feet?

GARCIA : Yeah.

....

CORONADO : Okay, um, and you know of I guess [sic] rubbed yourself on his, on his anus at least five other times?

GARCIA : Yes.

CORONADO : ... And the last time it's happened, it happened uh, sometime right before Thanksgiving maybe? Does that sound right?

GARCIA : Yeah.

Coronado further testified that he had interviewed Garcia a second time the day after the first interview. Coronado asked Garcia if there had been anyone else that he had victimized, and Garcia answered no. However, Coronado testified that, during his investigation, he had interviewed JT, MT's younger brother, and following that interview, "we felt there was sufficient evidence to pursue additional charges against" Garcia.

On cross-examination, Coronado denied having asked Garcia incriminating questions during the interview before he had given Garcia his Miranda warning. He claimed that he had been trying to make Garcia comfortable by creating a rapport with him before Mirandizing him.

Willis Smith, a licensed associate counselor for Southwest Arkansas Counseling and Mental Health Center at the Hope Outpatient Clinic, testified that he had made the report to the Arkansas Child Abuse Hotline on February 18, 2015, because MT, a ten-year-old client, said that he had been raped by his cousin, Garcia. MT specifically said that his cousin put his "middle spot" on him. He also reported that his cousin had licked his feet. MT nodded "yes" when asked if Garcia's middle part was placed into MT's rear end. Smith said that MT was referred to him for anxiety issues on February 5, 2015, and he had made the disclosure about Garcia on February 18, 2015. Smith described that MT had excessive anxiety separation, was reluctant to go to school, and had complained of stomachaches and headaches. MT had shown social isolation and regression in maturity. After developing some coping skills in therapy, MT disclosed that Garcia had abused him. Smith said that when MT would tell him about the specific moment of penetration, he would have to stop and use the adaptive coping skills, and MT had identified that part of the story as the worst part. Smith said that MT had started school in...