State v. Wiggins

1

State of Minnesota, Respondent, v. Lyndon Akeem Wiggins, Appellant.

No. A22-1281

Supreme Court of Minnesota

March 20, 2024

Hennepin County Office of Appellate Courts

Keith Ellison, Attorney General, Saint Paul, Minnesota; and Mary F Moriarty, Hennepin County Attorney, Adam E. Petras, Assistant County Attorney, Minneapolis, Minnesota, for respondent.

Robert D. Richman, Saint Louis Park, Minnesota, for appellant.

SYLLABUS

1. The district court did not abuse its discretion by denying the defendant's pretrial motion to suppress the cell-site location information for his cell phone because the facts alleged in the warrant application established probable cause to search the cell-site location information records of the defendant's cell phone carrier.

2. The district court abused its discretion by giving erroneous jury instructions on accomplice liability, and the error was not harmless because it cannot be said beyond a reasonable doubt that the error had no significant impact on the verdict.

Reversed and remanded.

OPINION

PER CURIAM

Following a jury trial, appellant Lyndon Akeem Wiggins was convicted of first-degree premeditated murder, attempted first-degree premeditated murder, first-degree intentional murder while committing a felony (kidnapping), and kidnapping, all premised on aiding-and-abetting theories of criminal liability. The convictions related to the kidnapping and murder of realtor Monique Baugh in a scheme involving Wiggins, his girlfriend Elsa Segura, Cedric Berry, and Berry Davis.^[1] On direct appeal, Wiggins asserts two grounds to reverse his convictions for first-degree murder, attempted first-degree murder, kidnapping, and felony murder.

First Wiggins argues that the district court abused its discretion by denying his pretrial motion to suppress the cell-site location information ("CSLI")^[2] for his cell phone because the facts alleged in the warrant application failed to establish probable cause to search the CSLI records of his cell phone carrier. Second, he argues that the district court abused its discretion by providing the jury a hybrid instruction that relieved the State of its burden to prove: (1) the elements of the offense were committed by a person; and (2) the defendant was criminally liable for that person's actions. Although the district court did not abuse its discretion when it denied Wiggins's pretrial motion to suppress, it did abuse its discretion when it provided the hybrid jury instruction. We therefore reverse the judgment of convictions and remand for further proceedings consistent with this opinion.

FACTS

On December 31, 2019, realtor Monique Baugh arrived at a scheduled house showing where she was kidnapped and later shot to death in an alleyway. The same evening, an intruder entered her family home and shot her partner J.M.-M., who ultimately survived. Police investigating the offense uncovered a complex scheme involving Wiggins, his girlfriend Elsa Segura, and two other men, Cedric Berry and Berry Davis.

Security camera footage from an electronics store showed Berry purchasing a cell phone (the set-up phone) on December 29 2019. CSLI from Berry's personal cell phone showed that his phone was located at that electronics store at the time the set-up phone was purchased. CSLI from Wiggins's personal cell phone also demonstrated that his phone was in the area of the electronics store during the purchase.

Segura used the set-up phone to call Baugh and arrange a house showing for a home in Maple Grove on December 30, 2019. CSLI placed the personal cell phones of Wiggins, Berry, Segura, Davis, and the set-up phone all within the vicinity of Segura's home for half an hour immediately preceding Segura's call to Baugh.

On December 30, 2019, Baugh arrived at the house showing Segura had scheduled, but no one met her for the appointment. CSLI indicated that while Baugh waited at the house, Berry and Davis were nearby. Segura then called Baugh again to reschedule the house showing for the next day at 3 p.m.

On December 31, 2019, Berry and Davis picked up a rented a U-Haul van and drove to the Maple Grove house at which Segura had arranged to meet Baugh. Once there, Berry and Davis kidnapped Baugh from the house, placed her in the back of the van, and drove off. At approximately 5:40 p.m., that van was reportedly seen near Baugh's home in Minneapolis, at which time J.M.-M.-who did not live with Baugh-was at Baugh's home watching their two children. At that point, a man wearing black clothing and a black ski mask entered the home and shot J.M.-M. several times. The man then fled the house. J.M.-M. was able to call 911. An ambulance transported J.M.-M. to the hospital, where he eventually recovered.

About an hour later, gunshot detection technology alerted police to three gunshots near an alleyway in Minneapolis. Police responded within minutes and found Baugh's deceased body in the alley where the gunshots were registered. Traffic camera footage and CSLI showed that Berry and Davis were still traveling together in the rented van and were at the alley where Baugh's body was found at the time the gunshots were detected.

On January 1, 2020, investigating officers asked J.M.-M. who might want to hurt him. J.M.-M. responded, "I think it might have been LA," and confirmed that he meant "LA" from record label Black Bag Entertainment. The officers were aware that Wiggins went by the alias "LA" and that Wiggins was associated with Black Bag Entertainment.

On January 10, 2020, investigating officers filed a search warrant application for the CSLI of four different cell phones, including Wiggins's cell phone. The warrant application contained a detailed description of the crime and a description of the probable cause to search the CSLI records of Wiggins's cell phone carrier. Included in the warrant application was also a supporting affidavit by Sergeant Mark Suchta, a detective in the homicide unit of the Minneapolis Police Department. The affidavit stated that Sergeant Suchta had reviewed Minneapolis Police reports and relayed the information from those reports regarding the crime. The affidavit also stated that Sergeant Suchta had "recently received an anonymous tip fromt [sic] Crime Stoppers as well as information from a confidential informant that this was a paid hit for the death of Baughs [sic] boyfriend and the person who is responsible is a rival of Baughs [sic] boyfriend that is known to your affiant and Officers as L.W." Sergeant Suchta's affidavit explained that he "was given a known number for L.W. by a licensed police officer who has been investigating L.W. for the last two years," included the phone number, and identified the mobile carrier.

Your affiant, Sgt. Mark Suchta, is a licensed peace officer for 21 years, currently employed by the City of Minneapolis. He is currently assigned to the Minneapolis Police Department's Homicide unit as a detective. In that capacity, he has reviewed Minneapolis Police reports which have showed the following:

On 12/31/19 Monique Baugh was abducted from [address redacted] Maple Grove while showing a house. She was put in Uhaul [sic] which later drove up to [redacted]. Once at this location a male gunman went inside and shot Baughs [sic] boyfriend multiple times. Approximately an hour later Baugh was found shot multiple times in the alley of [address redacted]. She later died from her injuries. . . .

. . . .

Your affiant has also recently received an anonymous tip fromt [sic] Crime Stoppers as well as information from a confidential informant that this was a paid hit for the death of Baughs [sic] boyfriend and the person who is responsible is a rival of Baughs [sic] boyfriend that is known to your affiant and Officers as L.W. Your affiant was given a known number for L.W. by a licensed police officer who has been investigating L.W. for the last two years. Number is is [sic] [redacted]. T-Mobile is the carrier for this number.

A district court judge signed the warrant. The CSLI revealed that Wiggins's cell phone was with Berry's and Davis's cell phones when Berry purchased the set-up phone and when Segura used the set-up phone to arrange the first meeting with Baugh.

Wiggins, Segura, Berry, and Davis were indicted by separate grand juries on charges of first-degree murder - premeditated, Minn. Stat. § 609.185(a)(1) (2022); attempted first-degree murder, Minn. Stat. § 609.17 (2022), see Minn. Stat. § 609.185(a)(1); kidnapping to commit great bodily harm or terrorize, Minn. Stat. § 609.25, subd. 1(3) (2022); and first-degree murder - intentional while committing a felony (kidnapping), Minn. Stat. § 609.185(a)(3) (2022). Wiggins and Segura were charged on theories of accomplice liability, see Minn. Stat. § 609.05 (2022), while Berry and Davis were charged as principals.

Wiggins moved to suppress the CSLI at trial. The district court denied the motion. Wiggins moved for reconsideration of the denial of the motion to suppress. The district court denied the motion for reconsideration.

Over defense counsel's objection, the district court provided the following instruction to the jury for the first-degree murder charge:

The elements of Murder - 1^st Degree - Premeditated are:

First, the death of Monique Baugh must be proven.

Second, the Defendant or another (or others) caused the death of Monique Baugh.

Third, the Defendant or that other person(s) acted with the intent to kill Monique Baugh.

To find the Defendant had the "intent to kill," you must find the Defendant acted with the purpose of causing death, or believed the act would have that result.

Fourth, the Defendant acted with premeditation.

"Premeditation" means the Defendant or another (or others) considered, planned, prepared for, or determined to

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