Thompkins v. Santistevan

1

TERRICK L. THOMPKINS, Petitioner, v. DWAYNE SANTISTEVAN, et al., Respondents.

No. 2:21-cv-0005 KWR/DLM

United States District Court, D. New Mexico

January 22, 2024

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

DAMIAN L. MARTINEZ, UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court on Petitioner Terrick L Thompkins's Amended Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus. (Doc. 24.) Respondents filed an answer (Doc. 26), and Thompkins filed a reply brief. (Doc 29). Having considered the record and the relevant law, I find Thompkins's claim is meritless and recommend the Court deny the amended petition.^[1]

I. Factual and Procedural Background

On May 25, 2018, a jury in the Twelfth Judicial District for the State of New Mexico found Thompkins guilty on eight counts Counts 1-2: first-degree murder; Count 3: child abuse resulting in great bodily harm; Count 4: aggravated burglary; Count 5: shooting at a dwelling causing great bodily harm; and Counts 6-8: child abuse not resulting in death or great bodily harm. (Docs. 14-1 at 1-3, 105-17.) On July 10, 2018, the state district court sentenced Thompkins to two consecutive terms of life imprisonment plus 46 years. (Id. at 123.) Thompkins's convictions arose out of the following events.^[2]

On March 12, 2015, Thompkins, a military veteran “who had been drinking and had a ‘good buzz going,' set” an alarm to go off between 9:00 and 10:00 p.m. (Id. at 244, 318.) When his alarm sounded, Thompkins “said ‘it's go time.'” (Id.) He donned “full tactical gear and armed himself with several guns and ammunition.” (Id.) Thompkins drove to the home of his ex-wife (Jessica), her boyfriend (Phillip), and the couple's four children, two of whom (G.T. and I.T.) are also Thompkins's children. (Id. at 244-45.)

Thompkins approached the house “and fired seven bullets into the front door in the shape of a ‘T,' which” is his nickname. (Id. at 244.) Upon entering the home, he pointed a firearm at J.D., Jessica's oldest son, then lowered it and made his way to the bedroom that G.T. and I.T. shared. (Id. at 244-45.) His children and Jessica were in that bedroom. (See id.) Thompkins shot and killed Jessica. (Id. at 245.) Thompkins moved to the master bedroom, where Phillip and J.D. were hiding. (Id.) Phillip was blocking the door with his body and a dresser. (Id.) Thompkins fired shots through the door, killing Phillip. (Id.) “J.D. managed to escape by climbing out of the bedroom window[] but was hit in the chest with shrapnel from the gun fire.”^[3](Id.)

“After killing Jessica and Phillip, [Thompkins] returned to his home and called 911.” (Id. at 246.) He told the dispatcher his address and stated, “Yeah, uh, I just killed my ex-wife[,] . . . I'm standing outside. Please come get me.” (Id.) He called 911 again and said, “I was a great father to my kids and now you took my kids away. And yeah, I killed her. And you know what? I don't feel bad about it.” (Id.) Thompkins told the 911 “dispatcher that he was going to ‘finish off' some Everclear.” (Id.) The dispatcher knew Thompkins personally and kept him on the line until police arrived and Thompkins surrendered. (Id.) Police attempted to interview Thompkins that night but ended the interview when Thompkins became incoherent and mentioned medication. (See id.)

Officers took him to the hospital, where he was treated for “out of control” diabetes. (Id.) Officers interviewed Thompkins again when he was released from the hospital. (See id. at 247.) They learned that Thompkins previously had full custody of G.T. and I.T. (See id. at 247.) The day prior to the crimes, however, officials removed the children from Thompkins' home due to a note that I.T. passed at school. (See id.) The note, which a teacher intercepted and gave to authorities, stated that Thompkins “had dropped I.T. and punched her in the stomach.” (Id.) Thompkins told law enforcement that after he lost custody, “he ‘just wanted to kill everyone.'” (Id.) He “‘made sure everything was ready to go' and ‘took off to Jessica's.'” (Id.) When he reached her home, he “told himself ‘don't do it' in contemplation, but proceeded inside anyway.” (Id.) Thompkins “remembered seeing Jessica and remembered being ‘in the room.'” (Id.) He asserted that “Jessica was [his] ‘objective' and he ‘finished her off' with an AR-15.” (Id.) He “did not want Phillip around his kids because he was a ‘meth head.'” (Id.) Thompkins “saw Phillip blocking the door as he tried to enter the master bedroom and confirmed that he ‘probably sprayed the door with lead.'” (Id.)

Thompkins asserted an insanity defense at trial. (See id. at 248.) Witnesses who testified at trial included:

(1) Thompkins's girlfriend, Linda Chaparro, testified that “every time [Thompkins] became angry with Jessica, he would say ‘I should go down the street, kick in her door, shoot her, shoot her boyfriend, and shoot her two bastard children.'” (See id. at 257-58).)

(2) Dr. Gary Jackson “reviewed [Thompkins's] military and medical records” and testified about Thompkins's mental health diagnoses, including post-traumatic stress disorder (PTSD), anxiety, schizoaffective disorder, and depression. (See id. at 252-53.) Thompkins “had been awarded 100 percent disability as a result of his PTSD diagnosis and a traumatic brain injury that [he] suffered during his military service.” (Id. at 253.) Jackson testified that Thompkins was being treated for PTSD with medications to stabilize ‘manic thoughts and depression.'”^[4] (Id.) Jackson stated that on the night of the crimes, Thompkins “was admitted to the hospital for ‘mental confusion ....'” (Id. at 252.)

(3) Dr. Eric Westfried testified in support of Thompkins's insanity defense and discussed Thompkins's “longstanding” problems with “anxiety, PTSD, and paranoia that caused [him] to become ‘unglued from reality.'” (See id. at 253.) He also discussed an IQ drop “from 122 to 107 as a result of brain damage.” (Id.) Westfried testified that Thompkins “experienced a ‘traumatic event' when his children were removed and ‘could not prevent' the actions that followed due to a ‘loss of control.'” (Id.) He admitted, however, that he “had not reviewed [Thompkins's] videorecorded police interview” and “that [Thompkins's] contemplation about whether to go into Jessica's home on the night of the incident would ‘potentially' change his opinion with respect to deliberate intention.” (Id. at 254.) He “also stated that, hypothetically, pointing and then lowering a gun would demonstrate ‘a choice[,]' but” he could not explain what was “going on” when Thompkins pointed the gun at J.D. and then lowered it. (Id.) “Westfried conceded that [Thompkins's] statement on the 911 call that he had killed Jessica and ‘didn't even feel bad about it' was a commentary on right versus wrong.'” (Id.) And Westfried acknowledged “that he was unaware of any threats” Thompkins previously made about the murders, which “would be ‘a real concern' that should be considered as to premeditation.” (Id.)

(4) Dr. Ned Siegel testified for the State regarding the insanity defense. (See id.) Siegel agreed Thompkins had longstanding mental health issues, but he did not believe those issues caused Thompkins to commit the crimes. (See id. at 255 (“there was no link between [Thompkins's] PTSD and the events”).) In fact, he opined, Thompkins had been “doing pretty good[,]” as he had full custody of his children, held down a job, and “did some legal work on his own behalf.” (Id.) Moreover, Thompkins's “comment during his police interview that he had not been in trouble for the last seven or eight years showed [he] had control of his behavior.” (Id.) Siegel noted that Thompkins made multiple “‘declarations and plans' to ‘kill people' and ‘embarked on his plan.'” (Id.) Siegel reasoned Thompkins “knew what he was doing and understood the consequences of his actions” because he “‘debat[ed] with himself' whether or not to go inside the house on the night of the incident.” (Id. at 255-56.) He opined it was clear Thompkins “knew the ‘act was wrong'” because of his later statements to the dispatcher “that he did not feel bad about killing Jessica ....” (Id. at 256.) Siegel disagreed with Westfried that there was any evidence that Thompkins lost control, disassociated, “had an ‘out of body experience[,]' or ‘blacked out.'” (See id.) He found it telling that Thompkins “was able to recall his conversation with the dispatcher three days after the incident during his second police interview, made a conscious decision to lower his weapon when he first encountered J.D. at Jessica's home, and change his original plan from suicide to ‘suicide by cop,' which showed deliberation.” (Id.) “Siegel believed [Thompkins's] behavior was ‘goal-oriented conduct' that demonstrated a plan ” (Id.)

“Thompkins moved for a directed verdict on the basis of insanity.” (Doc. 14 at 5.) “The state district court denied the motion.” (Id. (citing Doc. 14-1 at 248).) The jury found Thompkins guilty as charged. (See id.) Thompkins filed a direct appeal to the New Mexico Supreme Court. (Doc. 14-1 at 126.) Relevant here, Thompkins argued that the state district court erred in refusing to grant his motion for directed verdict. (See id. at 154-66.) On April 6, 2020, the New Mexico Supreme Court affirmed the judgment and sentence. (See id. at 243.)

On July 14, 2020, Thompkins filed a pro se petition for writ of habeas corpus in the state district court.^[5](Doc. 14-1 at 272.) The state district court entered a Summary Dismissal on September 3, 2020. (See id. at 327.) On October 5, 2020, Thompkins petitioned the New Mexico Supreme Court for a writ of certiorari. (See id. at 329.) On October 14, 2020, the state supreme court denied the petition. (Id. at 359.)

Thompkins...