State v. Rivas Villanueva

STATE OF NEBRASKA, APPELLEE, v. MARVIN A. RIVAS VILLANUEVA, APPELLANT.

No. A-20-706.

NEBRASKA COURT OF APPEALS

July 13, 2021

MEMORANDUM OPINION AND JUDGMENT ON APPEAL

(Memorandum Web Opinion)

NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).

Appeal from the District Court for Lancaster County: JOHN A. COLBORN, Judge. Affirmed.

Timothy S. Noerrlinger for appellant.

Douglas J. Peterson, Attorney General, and Jordan Osborne for appellee.

PIRTLE, Chief Judge, and MOORE and WELCH, Judges.

PIRTLE, Chief Judge.

INTRODUCTION

Marvin A. Rivas Villanueva appeals his conviction for motor vehicle homicide with reckless or willful reckless driving in the district court for Lancaster County. He asserts that the trial court should have granted his motion to suppress statements and that there was insufficient evidence to support a guilty verdict. Based on the reasons that follow, we affirm.

BACKGROUND

Rivas Villanueva was charged by information in Lancaster County District Court with motor vehicle homicide with reckless or willful reckless driving, a Class IIIA felony, in connection with an automobile accident that occurred in Lincoln, Nebraska, during the afternoon on March 29, 2019. Rivas Villanueva was driving his vehicle when he lost control and collided with three other vehicles. One of his two passengers died as a result of the accident.

Rivas Villanueva filed a motion to suppress statements he made to Lincoln police officers at the hospital shortly after the accident. Rivas Villanueva alleged he was in custody at the time and subjected to a custodial interrogation by law enforcement without being advised of his Miranda rights.

A hearing was held on Rivas Villanueva's motion to suppress. Lincoln Police Officer Krissa Knopik testified that on March 29, 2019, shortly after 2 p.m., she was asked to contact one of the drivers involved in a fatality motor vehicle accident, Rivas Villanueva, at the hospital; to ask for consent to obtain a statistical blood draw; and to take Rivas Villanueva's statement.

Prior to making contact with Rivas Villanueva, a nurse told Knopik that Rivas Villanueva had injured his right arm. The nurse also told Knopik that Rivas Villanueva had made comments that he lost control of his vehicle and was going fast at the time, approximately 65 to 70 miles per hour.

Knopik located the exam room where Rivas Villanueva was being treated and entered with Lincoln Police Officer Laura Oliphant, who recorded Knopik's conversation with Rivas Villanueva. At the time Knopik spoke with Rivas Villanueva, he was lying in the hospital bed, being treated for a broken arm, and was not medically cleared to leave. Knopik did not make any effort to exclude other people from being in the exam room when she was speaking with Rivas Villanueva. She testified that medical staff came in and out of the room during her contact with Rivas Villanueva. The exam room door was not locked after Knopik entered, Rivas Villanueva was not in handcuffs, and he had not been arrested.

Knopik testified that she viewed her role in the investigation as simply getting information for the accident report. Knopik testified that Miranda advisements were not given to Rivas Villanueva because he was not in custody. During the time Knopik spoke with Rivas Villanueva, he never stated he did not want to talk to her. Rivas Villanueva's mother came into the room toward the end of Knopik's interaction with Rivas Villanueva. Rivas Villanueva conversed with his mother in Spanish and Knopik did not prohibit them from speaking. Knopik was unable to understand their conversation.

Knopik began her questioning of Rivas Villanueva with an open-ended inquiry about what happened just prior to the accident. Rivas Villanueva provided a narrative response, explaining that he and two co-workers were on a break and left work in Rivas Villanueva's vehicle. Rivas Villanueva described the route he drove, which included a right turn onto O Street from 66th Street, heading west. Rivas Villanueva told Knopik he initially turned into the far right lane and then moved to the far left lane of the three available lanes. When he saw no other vehicles were in front of him, "I decided to punch it. It was stupid. Uh, last time I saw the speedometer, it was like 65 or 70 miles an hour." He explained to Knopik that he lost control of the vehicle, it began spinning, and struck multiple cars. Knopik asked follow-up questions, and the entire conversation lasted about 10 minutes. Knopik did not arrest Rivas Villanueva at the end of the interview. He was not arrested until more than 2 weeks after Knopik's contact at the hospital.

Knopik noted that during her interview with Rivas Villanueva, she was wearing plain clothes, displaying her badge of office on a lanyard, and was carrying her service weapon. Oliphant was in full police uniform with her badge of office and service weapon.

Lincoln Police Officer Jon Rennerfeldt testified that he went into the exam room where Rivas Villanueva was located toward the end of Knopik's interview to examine Rivas Villanuevafor impairment, which is common in accident investigations. Rennerfeldt was in his police uniform and displaying a badge of office. Rennerfeldt testified that Rivas Villanueva's mother was also in the room. Rennerfeldt did not speak with Rivas Villanueva's mother and he never asked her to leave the room. Rivas Villanueva was not handcuffed when Rennerfeldt entered the room and he was not under arrest. Rennerfeldt was not aware whether Miranda advisements had been given, and he did not give such advisements because Rivas Villanueva was not in custody, was not charged with a crime, and Rennerfeldt was only there to determine if he was impaired. Oliphant remained in the room and recorded the interaction between Rennerfeldt and Rivas Villanueva. While Rennerfeldt was in the room, Rivas Villanueva and his mother spoke to each other in Spanish. Rennerfeldt testified that Rivas Villanueva had an IV in his arm and a blood pressure cuff around his arm.

Rennerfeldt did not ask questions about the accident, but, rather, asked a series of standard questions to assess any possible impairment. He also checked Rivas Villanueva's eyes for nystagmus. Rennerfeldt concluded that Rivas Villanueva was not impaired.

During the interaction with Rennerfeldt, Rivas Villanueva spontaneously commented on the accident stating, "it was my dumb decision when I went in that left lane and just floored it cause [sic] I didn't see a car in front of me. That was the only reason all that happened." Rivas Villanueva's statement was not in response to any questioning by Rennerfeldt. Rivas Villanueva also asked Rennerfeldt what the outcome of the accident would be since he was involved in it and his friend died. Rennerfeldt responded that he did not know because he did not know any details about how the accident happened or the circumstances, and he was only there to assess if Rivas Villanueva was impaired. Rivas Villanueva never told Rennerfeldt that he did not want to talk to him and did not ask for an attorney.

The transcription of the entire audio recording of the contact between Knopik and Rivas Villanueva and Rennerfeldt and Rivas Villanueva, was offered and received into evidence without objection.

After the State concluded presenting its evidence at the motion to suppress hearing, Rivas Villanueva testified. He testified that he did not remember any names or faces of the officers that were at the hospital and did not remember talking with Knopik. He did remember being checked for impairment. He recalled being in an exam room with four to five police officers and that those officers were displaying badges and carrying service weapons. He noted he was never read his Miranda rights. He also claimed he would not have been able to leave the exam room if he wanted to because of his broken arm and also because he was intimidated by the numerous officers present in such a small room. Rivas Villanueva also testified that he did not tell the officers that he wanted them to leave or that he did not want to talk to them because he was intimidated by the four or five officers "circling around" him while he was being questioned.

Rivas Villanueva acknowledged his mother was in the exam room and he was able to speak with her freely. Rivas Villanueva testified that he never told his mother he thought he was in police custody and none of the officers at the accident scene told him he was under arrest. The transcription of the audio recording reflected that Rivas Villanueva's mother asked him if he was going to be arrested, and he told her that the officers were going to do an investigation and he did not know if he would be arrested. Villanueva testified that he did not remember saying this to his mother, but he agreed he could have said it.

Rivas Villanueva's mother also testified. She testified that when she arrived at the hospital, she was not allowed to go into Rivas Villanueva's exam room. She stated there were police officers and nurses telling her she could not go in "until they finished." She testified that when she was allowed in the exam room, there were three police officers in the room, but she was able to talk with Rivas Villanueva freely.

At the end of the motion to suppress hearing, the court overruled the motion. The court found, based on the totality of the circumstances, that the statements made by Rivas Villanueva were freely, voluntarily, knowingly, and intelligently made, and Rivas Villanueva was not in custody at the time he made the statements to the officers at the hospital.

A jury trial was subsequently held. The evidence established that Rivas Villanueva was traveling westbound on O Street in Lincoln when the accident happened. The collision occurred near the intersection of O Street and Lyncrest Drive. The area includes businesses, restaurants, and a shopping mall. O Street has...