State v. Thomas

464 Md. 133

211 A.3d 274

STATE of Maryland

v.Patrick Joseph THOMAS a/k/a Patrick Joseph Patrick

No. 33, Sept. Term, 2018

Court of Appeals of Maryland.

June 24, 2019

Argued by Carrie J. Williams, Asst. Atty. Gen. (Cathleen C. Brockmeyer, Asst. Atty. Gen. and Brian E. Frosh, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Petitioner.

Argued by Marc A. DeSimone, Jr., Asst. Public Defender (Paul B. DeWolfe, Public Defender of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before: Barbera, C.J., Greene, McDonald, Watts, Hotten, Getty, Sally D. Adkins (Senior Judge, Specially Assigned) JJ.

Adkins, J.

The past twenty years have seen a dramatic increase in heroin use, abuse, and accessibility.¹ Unsurprisingly, Maryland has experienced a correlating spike in heroin and opioid-related deaths.² Our State, and Marylanders alike, seek tools to combat this epidemic. We are asked to consider under what circumstances the dangers of heroin would justify holding a dealer liable for involuntary manslaughter for supplying the means by which his customer fatally overdoses. The issue is fraught. The perception of an epidemic cannot solely dictate its legally recognized danger. As our role requires, we address the issue in the specific context of this sale of heroin to determine where the act falls on the continuum of culpability.

The question presented is at once straightforward and weighty: whether the evidence in the trial court was sufficient to sustain Patrick Joseph Thomas' ("Thomas") conviction for involuntary manslaughter. ³

We resolve this case in favor of Petitioner, holding that there was sufficient evidence to convict Thomas of gross negligence involuntary manslaughter.

BACKGROUND

The State charged Thomas with three counts: distribution of heroin, reckless endangerment, and involuntary manslaughter. Thomas entered, what we have termed before, a "hybrid plea," wherein the parties "agree to the ultimate facts," while "maintain[ing] the ability to argue legal issues, as well as sufficiency." Bishop v. State , 417 Md. 1, 22, 7 A.3d 1074 (2010). "The State's proffer may not contain disputes of material fact, because the judge cannot resolve credibility issues on a mere proffer." Id. at 24, 7 A.3d 1074. These agreed factual findings were read into the record by the State's Attorney and are quoted at length below.

As an initial matter, Thomas objects to the State's citation of "at least ten journal articles, newspaper reports, and internet websites" to support its argument, because, he asserts, we are confined to the record "as presented to the lower court." Moreover, Thomas states that he "does not agree to the facts identified by the State" in its brief, particularly considering that they are not placed in the context of the time in which this incident occurred, 2015.

We agree with Thomas that newspaper articles—excepting those referenced in the agreed statement of facts—play no role in consideration of this case. Still, this Court is able to take judicial notice of facts "not subject to reasonable dispute" and "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Maryland Rule 5-201(b). We may take such notice on request or sua sponte , see id. 5-201(c), regarding a range of reliable scientific and historical data. See, e.g. , Faya v. Almaraz , 329 Md. 435, 445, 620 A.2d 327 (1993) (Surgeon General's Reports issued by the U.S. Department of Health and Human Services); B.N. v. K.K. , 312 Md. 135, 139–40, 538 A.2d 1175 (1988) (reports issued by the Centers for Disease Control and Prevention, as well as other academic publications); Gillespie-Linton v. Miles , 58 Md. App. 484, 499, 473 A.2d 947 (1984) (life expectancy tables).

Agreed Findings of Fact⁴

[O]n June 26th of 2015, at approximately 3:19 in the morning, Worcester Central received a 911 call from Tammy Colleen Matrey [ ("Tammy") ], who resides ... [in] Ocean Pines, Worcester County, Maryland. Tammy advised that she had located her son, Colton Lee Matrey [ ("Colton") ], locked in her bathroom. Colton was unresponsive, had no pulse and was not breathing. Tammy would testify that she had previously seen Colton earlier that day, alive and well, and had found him at this particular time of evening or early morning hours of the 26th of June unresponsive.

At 3:27 in the morning Ocean Pines Emergency Medical Services and Ocean Pines Police Officer Kerrigan arrived at the residence and located Colton seated on the toilet in the bathroom with his head propped on the vanity top. They pronounced Colton deceased. Because of the scene, it was determined that Colton died of a probable heroin overdose. And, therefore, the Worcester County Criminal Enforcement Team was contacted and asked to respond to conduct a criminal investigation of the circumstances surrounding Colton's death.

At approximately 4:30 in the morning, Detective Jeff Johns [ ("Johns") ] of the Ocean City Police Department, assigned to the Worcester County Criminal Enforcement Team, arrived at the residence. Without objection, Johns would have been offered and accepted as an expert in the valuation and identification of controlled dangerous substances [ ("CDS") ], the common practices of users and dealers of [CDS] and [CDS] investigations generally.

Johns arrived at the residence, went into the bathroom of the residence, observed Colton, determined that Colton's body had not been moved....

Johns located one white wax paper bag inside of Colton's right hand. There were three additional identical white wax paper bags on the ground directly beneath Colton between the toilet and the vanity. Each one of these bags was stamped ["banshee"] in blue, with a blue-colored emblem. Those packages contained trace amounts of suspected contraband [and] are what Johns knows is commonly used to contain heroin.

* * *

[State's exhibits] reflect the photograph of Colton's right hand which contained the one empty package of banshee and the other photograph depicts what was found in Colton's pants pocket, which was a syringe.

* * *

Colton's bedroom was searched with the consent of his mother. And located in Colton's bedroom were four additional hypodermic syringes, a spoon and a Q-tip inside of a folded pair of Colton's jeans in the closet. These were identified by Johns as heroin paraphernalia. There was also a prescription pill bottle with the label torn off that contained six 50-milligram tramadol pills, which is a Schedule IV [CDS]. It was determined that Colton did not have a prescription for the tramadol pills and possibly had taken these pills, unknowingly, from his mother.

* * *

Johns spoke with the individuals who were present in the residence at the time [of Colton's death]. In addition to Tammy, ... there was also James Godino [ ("Godino") ], who was the boyfriend of Tammy, and Carissa Koons [ ("Koons") ], who was the girlfriend of Colton.

It was determined ... by interrogating or questioning those three individuals that Colton had been abusing heroin for approximately four[-]and[-]a[-]half years. He resided in Pennsylvania up until February of 2015, when he moved to Ocean Pines, Maryland to live with his mother....

Koons had been in a relationship with Colton for four years. She advised that Colton had always had a heroin addiction. Approximately two[-]and[-]a[-]half years ago Colton had overdosed after being released from a halfway house where he had become clean of opiates. Narcan, or naloxone, was administered, and he had survived that overdose. However, Koons advised that he continued to abuse heroin after that overdose.

In February of 2015[,] Colton moved out of the Pennsylvania area and into his mother's home in an attempt to isolate himself from the lifestyle of heroin abuse in Pennsylvania....

[O]n June 25th[,] Colton had asked his mother to borrow her debit card. Tammy allowed Colton to have her debit card so that he could rent a couple of movies.

After his death, she checked her bank transactions. She observed that Colton had rented two movies and then withdrew $ 40 in U.S. currency. This $ 40 in U.S. currency was withdrawn at 11:59 in the evening on the 25th of June ....

On June 25th of 2015[,] at approximately 11:50[,] Koons woke up from her sleep and observed that Colton had her car keys.... He then left the residence....

Approximately five minutes after Colton left the residence, Koons called Colton. He did not answer. She woke up at approximately [1:00] in the morning, noticed that Colton was not in the bedroom with her and called him again. He did not answer, and she fell back asleep.

At approximately 3:10 to 3:15 in the morning[,] Koons woke up again. Colton was still not back in the bedroom. She then checked the bathroom and noticed that the door was locked, looked under the door crack and observed Colton's shoes. She then woke up Colton's mother, Tammy, and Godino. Godino removed the door hinges, at which time they were able to locate Colton's body in the bathroom. He was checked for a pulse. It was determined that he was not breathing and that's when 911 had been called.

Johns, as part of the investigation, seized Colton's black in color cellular telephone.... Tammy granted Johns permission to search the contents of the phone in an attempt to identify Colton's supplier of heroin....

Later in the day[,] Tammy contacted Johns and advised that she had found a piece of paper inside Colton's wallet that had two names and phone numbers written down....

The names and numbers written down on this piece of paper was [sic ] the name Pat, with the number ..., and also the name G – G ... and his number ....

Johns, utilizing the LInX Law Enforcement database, input the number that corresponded with the name of Pat. The database search identified Patrick Joseph Thomas [ ("Thomas") ], with a date of birth of 8/16/56, a 58—at the time—year old white male as the owner of the phone.

* * *

[Koons] indicated [to Johns] that when she woke up at approximately 11:50 on June 25

...