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State of Minnesota vs. Anthony James Cox

Date: 08-26-2016

Case Number: A15-0085

Judge: Christopher J. Dietzen.

Court: STATE OF MINNESOTA IN SUPREME COURT

Plaintiff's Attorney:







Defendant's Attorney: Cathryn Middlebrook, Chief Appellate Public Defender, Rachel F. Bond, Assistant State Public Defender

Description:
Appellant Anthony James Cox was found guilty by a Scott County jury of

first-degree premeditated murder, two counts of first-degree intentional felony murder

(burglary and aggravated robbery), and first-degree aggravated robbery. The murder

charges arose out of the death of Aaron Moran on October 22, 2013. Prior to trial, the

district court denied Cox’s motion to suppress a statement he made to the police. The

district court sentenced Cox to life without the possibility of release for the first-degree

premeditated murder conviction and a concurrent 81-month sentence for the first-degree

aggravated robbery conviction. For the reasons that follow, we affirm.

In October 2013, Cox and his friend Brooks Kurr decided to rob Aaron Moran at

his home in Shakopee, Minnesota. Although Cox had never met Moran, Kurr knew Moran

quite well. Between September 2012 and September 2013, Kurr and Moran worked

together at Affordable Town Car. Kurr had driven to Moran’s home several times, knew

he often carried cash, and had seen him possess marijuana. Thus, Kurr believed Moran

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was a drug dealer who might have drugs and money at his home. By October 2013, Kurr’s

relationship with Moran had soured because Kurr believed he lost his job at Affordable

Town Car in part due to Moran and that Moran had set him up to be robbed on two prior

occasions. In fact, when the police later asked personnel at Affordable Town Car if they

could think of anyone who might have “a reason to hurt” Moran, they immediately

identified Kurr.

On the night of October 8, 2013, Kurr and Cox organized an attempt to rob Moran.

Kurr drove Cox past Moran’s home, parked a few blocks away, and gave Cox a .38 caliber

handgun “for intimidation purposes and, . . . if necessary, force” to accomplish the robbery.

Because Moran might recognize Kurr, Cox agreed to commit the robbery by himself. Cox

stepped out of the car and walked in the general direction of Moran’s home. As Cox walked

through the neighborhood, he became lost and was unable to locate Moran’s home. He

therefore abandoned the robbery that night.

Sometime between October 8 and October 22, Cox purchased a .357 magnum

revolver. The revolver had the capacity to hold six bullets. Cox would later tell police he

developed “pretty good aim,” and when he went to the gun range he used a two-handed

grip.

On the night of October 22, 2013, Kurr and Cox returned to Moran’s neighborhood.

On this occasion, Cox knew the exact location of Moran’s home. The plan was the same

as on October 8, except that this time Cox brought the fully loaded .357 magnum. Cox

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wore a mismatched pair of gloves. On his right hand, he wore a “pistol grip-type glove.”1

On his left hand he wore a cotton glove. Cox also placed extra bullets in his pocket.

When Cox unlawfully entered Moran’s home, he encountered Moran’s 15-year-old

nephew B.M., who was playing a video game. Cox told B.M. “this is a robbery” and

directed him to pause the video game. After closing the curtains, Cox asked B.M. if anyone

else was present in the home. When B.M. indicated that no one else was present, Cox

asked, “If there [is] someone in the house [is it] okay if I just killed everybody . . . ?”2 Cox

then directed B.M. to take him on a tour of the home.

As B.M. stood up and began walking towards the hallway, Moran walked in the

front door and said, “Whoa.” Cox raised the .357 magnum from his side and pointed it at

Moran. Looking back and forth between Cox and B.M, Moran smiled, apparently

believing that Cox’s presence was some kind of joke. Cox did not tell Moran that this was

a robbery or demand any cash or drugs. Instead, Cox said, “This is the one I’m looking

for.” A few seconds later, Moran’s cell phone began to ring. As Moran reached for the

phone, Cox repeatedly ordered Moran to show his hands. Ignoring Cox’s orders, Moran

pulled the phone completely out of his pocket. B.M. could see that the object in Moran’s

hand was a phone. Cox ordered Moran to “put down the phone.” When Moran ignored

1 A pistol grip glove or “shooter’s glove” is a glove “worn by individuals shooting guns to lessen the recoil shock” and “sold separately rather than in a pair; it is intended to be worn on the trigger hand alone.” U.S. Customs & Border Protection, HQ 083694 (1989).

2 This quote is taken from Cox’s own statement to police. B.M. testified that Cox replied, “If you’re lying, would it be alright if I shoot you?”

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that order, Cox shot Moran in the right thigh, shattering his femur. B.M. turned away and

covered his ears. According to B.M., 40 seconds elapsed between the first order and the

first shot. Cox later told the police that the “[f]irst time I shot him I didn’t just pow pow.”

Instead, Cox offered Moran another opportunity to comply with his orders. When Moran

continued to ignore his commands, Cox fired a second shot, which struck Moran in the

chest, causing Moran to “stumble back towards the door.” As Moran was falling

backwards, Cox fired a “third and fourth [shot] pretty much at the same time.” Moran fell

onto his back and was “having a hard time breathing.” Cox directed B.M. to retrieve

Moran’s wallet, which required that B.M. first roll Moran over on to his stomach. After

Cox went through Moran’s wallet, he said, “Let’s continue,” which B.M. understood as a

command to continue with the tour of the home.

In Moran’s bedroom, Cox directed B.M. to unlock a safe and empty its contents

(paperwork and ammunition) into B.M.’s school backpack. Cox then asked B.M. if he had

any duct tape or rope. When B.M. said that he did not, Cox told B.M. to put his hands on

his head, close his eyes, and count to 120. When B.M. finished counting to 120, Cox was

gone. B.M. immediately called 911.

Upon their arrival, the police found Moran dead on the floor. They also found four

.357 bullets at the scene: one on the foyer floor, one in Moran’s pant leg, one under Moran’s

body, and one lodged in a door leading to a stairway.

The medical examiner performed an autopsy on Moran and concluded that he was

shot four times: once in the right thigh and three times in the chest. One of the bullets in

Moran’s chest traveled in a downward trajectory, and two traveled upward from front to

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back. The medical examiner concluded that the two bullets traveling at an upward angle

were probably fired when Moran was falling backwards or already on the floor.

Witnesses from Affordable Town Car identified Kurr as a potential suspect.

Investigators examined Kurr’s cell phone activity, leading them to identify Cox as a suspect

as well. Investigators then tracked Cox and Kurr via their cell phone activity and 4 days

later arrested Cox in an alley near Moran’s house. Cox was carrying B.M.’s school

backpack, three .357 rounds, and Moran’s cell phone.

Cox arrived at the Shakopee police department around 9:45 p.m., and was

interviewed by Shakopee Detective Cody Horner and BCA Agent Mike Wold. Shakopee

Detective Corey Schneck was present for the final hour of the interview. The interview

began at 11:49 p.m. and lasted almost 5 hours, concluding at 4:45 a.m. Agent Wold began

the interview by informing Cox of his Miranda rights. See Miranda v. Arizona, 384 U.S.

436 (1966). When asked whether he understood those rights, Cox answered, “Uh huh.”

Agent Wold informed Cox he was not free to leave, told him that the officers “kinda need

to hear [Cox’s] side of the story,” and asked him if he was willing to talk. Cox answered,

“Sure.”

During the interview, Cox asked investigators about the status of a police

investigation into the cause of his brother’s death. Cox stated that his brother, T.T.,

suffered a gunshot wound to the left side of his head in 2011 and that his death was the

reason Cox moved to Minnesota. Cox told the investigators that “they tried to deem [his

death] a suicide at first and I heard forensics came back and reopened the case and then I

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never heard anything else about the situation.” Cox mentioned that he “would love to be

able to [hire] private investigators,” but that he did not have the money.

Later in the interview, Cox initiated a negotiation with the investigators that resulted

in his confession:

AC: I mean this is this is my only negotiation I think it’s pretty fair. You know what I mean. My negotiation is this . . . I’m a go ahead and, and kill myself (Inaudible) what you say, words, right?

MW: Yup

AC: But in exchange I need one favor it’s not a hard favor. All I need is to uhm I would like to know a little bit a information more about if anybody was checking out my brother’s murder. You know what I mean, I like to know if it was you know I mean if they found out that yes this is a murder and you know I mean something.

Agent Wold agreed to “look into” the matter, and Cox subsequently admitted he killed

Moran.

In December 2013, a Scott County grand jury indicted Cox on one count of

first-degree premeditated murder, Minn. Stat. § 609.185, subd. (a)(1) (2014); two counts

of first-degree intentional murder while committing or attempting to commit a felony,

Minn. Stat. § 609.185, subd. (a)(3) (2014); and one count of first-degree aggravated

robbery, Minn. Stat. § 609.245, subd. 1 (2014). Cox moved to suppress the statement he

gave to police following his arrest, arguing, among other things, that it was involuntary.

Following a contested omnibus hearing, the district court denied Cox’s motion to suppress

and his case proceeded to trial.

At trial, the State presented evidence that was consistent with the facts outlined

above. On the issue of premeditation, the court instructed the jurors that:

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Premeditation means that the defendant considered, planned, prepared for, or determined to commit the act before the defendant committed it. Premeditation, being a process of the mind is wholly subjective, and hence, not always susceptible to proof by direct evidence. It may be inferred from all the circumstances surrounding the event. It is not necessary that premeditation exist for any specific length of time. A premeditated decision to kill may be reached in a short period of time. However, an unconsidered or rash impulse, even though it includes an intent to kill, is not premeditated.3

(Emphasis added.) During closing argument, defense counsel argued Cox’s conduct was

“impulsive.” The jury disagreed, finding Cox guilty of first-degree premeditated murder.

Based on the jury’s verdict, the district court convicted Cox of first-degree premeditated

murder and sentenced him to life in prison without the possibility of release. This direct

appeal followed.

I.

Cox argues the district court committed reversible error by denying his motion to

suppress his confession. Specifically, Cox alleges that (1) police promised that in exchange

for his statement they would look into his brother’s death; (2) police assured him they could

influence the county attorney; and (3) police told him that a “small town Scott County jury”

would be more lenient if presented with a full confession.

We review a district court’s legal determination of whether a defendant’s statement

was voluntary de novo. State v. Farnsworth, 738 N.W.2d 364, 373 (Minn. 2007). But we

accept the underlying factual determinations of the district court regarding the

3 The instruction substantially mirrored the language of the standard jury instruction on premeditation. 10 Minn. Dist. Judges Ass’n, Minnesota Practice—Jury Instruction Guides, Criminal, CRIMJIG 11.05 (6th ed. 2015).

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circumstances of the interview unless the findings are clearly erroneous. State v. Riley,

568 N.W.2d 518, 525 (Minn. 1997).

The Due Process Clause of the Fourteenth Amendment prohibits the admission into

evidence of a statement that was not voluntarily given. See State v. Biron, 266 Minn. 272,

281, 123 N.W.2d 392, 398 (1963). The State must establish by a preponderance of the

evidence that a statement was voluntary. Riley, 568 N.W.2d at 525. We review the totality

of the circumstances to determine whether the State met its burden to establish that a

statement was voluntary. State v. Zabawa, 787 N.W.2d 177, 182 (Minn. 2010).

In determining whether a defendant’s statement was voluntary, we consider the

nature of the interview, including its length, the adequacy of warnings, whether the

defendant’s physical needs were met, and whether the defendant was denied access to

friends. Farnsworth, 738 N.W.2d at 373; State v. Pilcher, 472 N.W.2d 327, 333

(Minn. 1991). The ultimate question of voluntariness is, however, whether a defendant’s

will was overborne at the time of his confession. Lynumn v. Illinois, 372 U.S. 528, 534

(1963); Farnsworth, 738 N.W.2d at 373; Riley, 568 N.W.2d at 525. Put differently, we

must determine whether the police actions, together with other circumstances surrounding

an interview, were so coercive, manipulative, and overpowering that the defendant was

deprived of his ability to make an independent decision to speak. Farnsworth, 738 N.W.2d

at 373; Pilcher, 472 N.W.2d at 333.

A.

We first consider Cox’s argument that his statement was rendered involuntary when

the police promised that they would look into his brother’s death in exchange for his

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statement. As a general rule, we disfavor law enforcement making implied and express

promises in the course of an interrogation. For example, in State v. Biron we concluded

that a new trial was warranted after police officers persuaded a defendant that he might be

treated as a juvenile offender rather than being exposed to the penalties of a felony murder

charge. 266 Minn. at 282-83, 123 N.W.2d at 399. And in Haynes v. Washington, the

United States Supreme Court concluded a confession was involuntary where it was induced

by the express threat of “incommunicado detention” coupled with the assurance that

defendant could contact his family. 373 U.S. 503, 513-514 (1963). But, a promise—real

or perceived—made by law enforcement during an interrogation does not by itself render

a statement involuntary; rather, it is considered in the totality of the circumstances. Thus,

in State v. Thaggard we concluded that a statement was voluntary even though the

defendant was led to believe he might receive drug treatment as a result, because the totality

of the circumstances indicated he understood his rights and the gravity of the situation.

527 N.W.2d 804, 811-12 (Minn. 1995).

After reviewing the record, we conclude that this case is factually distinguishable

from Biron. About 1 hour and 20 minutes into the interview, Cox raised the possibility of

making a deal with the officers: if they promised to look into his brother’s death, he would

tell the officers what happened. More specifically, Cox stated that he wanted “to know a

little bit a information more about [his] brother’s murder,” and Agent Wold indicated that

he would “certainly look into that.” A few moments later, Cox asked, “[D]o we have

somewhat of a mutual agreement?” Agent Wold responded, “Yah . . . I will look into it.”

Two pages later in the transcript, Cox admitted to shooting Moran.

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The transcript of the statement demonstrates that Cox’s will was not overborne.

Indeed, Cox initiated the negotiation that led to Agent Wold’s agreement and Cox’s

inculpatory statement, which distinguishes this case from Biron, 266 Minn. at 282-83, 123

N.W.2d at 394. Cox’s role in opening the negotiation also distances this case from Haynes.

There, the defendant repeatedly refused to confess, and only relented after the threat of

indefinite, isolated detention coupled with a promise that he could contact his family.

Haynes, 373 U.S. at 513-14. Rather, Cox, like the defendant in Thaggard, “nam[ed] his

own terms for confession.” 527 N.W.2d at 811 (“The spectacle of [defendant] naming his

own terms for confession, deciding for himself with whom he would negotiate, getting

what he wanted as a consideration for telling what he knew, reduces to absurdity his present

claim that he was coerced into confession.” (quoting Stein v. New York, 346 U.S. 156,

185-86 (1953))). Moreover, the evidence indicates that Cox understood his rights and the

gravity of the situation. Far from having his will overborne, we conclude that the transcript

demonstrates that Cox intentionally attempted to strike a deal in return for his confession.

B.

We next consider Cox’s argument that the statements of Agent Wold and Detective

Horner suggesting a full confession would be viewed favorably by a prosecutor were

coercive. A suggestion by the police that they can influence prosecutors in favor of a

defendant is improper. When police make such questionable statements, we consider

whether—taken in context—such statements amount to “psychological coercion which

would render defendant’s confession involuntary.” State v. Slowinski, 450 N.W.2d 107,

112 (Minn. 1990). Further, it is permissible for officers to inform defendants of potential

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charges to encourage them to speak. See, e.g., State v. Clark, 738 N.W.2d 316, 335 (Minn.

2007); State v. Merrill, 274 N.W.2d 99, 107-08 (Minn. 1978). In State v. Slowinski, we

concluded that police statements to the defendant that they would tell the county attorney

the defendant needed psychiatric help were improper. 450 N.W.2d at 112. However, we

ultimately concluded the statements in that case were not coercive. Id. And in State v.

Beckman, we upheld the admission of a confession despite an officer’s statement that

defendant’s cooperation would be brought to the district court’s attention. 354 N.W.2d

432, 437 (Minn. 1984).

Cox points to several statements investigators made during his interview before he

confessed as evidence of coercion. For example, police officers stated:

• I wanna know that information so that we can go and tell our bosses that tonight Anthony was very truthful . . . .

• It looks so much better that when the attorneys when they pull all of our reports together and they review your statement or review the recording of this interview tonight and they go wow here is a young man who at least said what he did he’s sorry for what he did and he didn’t mean it for it to go down that way and he was cooperative and filled in all of the other pieces all I can tell you Anthony is that people that do that (Inaudible) better I think everybody involved in the whole system just go wow . . . .

We conclude that the police statements Cox challenges were not improper in the

context in which they were given. The officers stated that a full confession would be

impressive and that defendants who make a full confession generally do better in the

criminal justice system. But the officers did not promise that if Cox confessed, they would

attempt to obtain favorable treatment for him from the prosecutors. Consequently, the

police statements in this case are significantly different than the statements we have

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deemed improper in the past.4 See Slowinski, 450 N.W.2d at 112 (deeming improper

officers’ statement that led a defendant to believe he would be given psychiatric help);

Biron, 266 Minn. at 276-80, 123 N.W.2d at 395-97 (deeming improper officers’ statement

that led a defendant to believe he would be tried as a juvenile).

C.

Cox further argues his confession was rendered involuntary by the police officers’

statements that Scott County juries have a “small town” outlook and are more likely to look

favorably on a full confession. He suggests the officers “played on the societal fear of

urban crime committed by young black men and how that [is] perceived in small towns.”

These statements were all made to pressure Cox into implicating Kurr, which ultimately

proved fruitless. We conclude that the police statements were not unduly coercive. The

statement of how a jury may view certain evidence is simply a prediction.

In sum, we conclude that the totality of the circumstances do not support Cox’s

argument that his confession to police was involuntary.5 To the contrary, a review of the

4 Cox also relies on statements made after his confession, all of which were made in an effort to persuade Cox to inculpate Kurr. Cox’s argument that these statements overwhelmed his will and caused him to incriminate himself lacks merit for two reasons. First, these statements were made by officers after Cox confessed to shooting Moran. And second, all of these statements were made in an effort to persuade Cox to inculpate Kurr. Thus, logically, none of the statements could have had any bearing on Cox’s confession that he killed Moran. 5 Cox also points to other factors that he believes lead to the conclusion that his confession was involuntary. These include Cox’s age, the length of the interview, the fact that he was in custody and did not initiate the interview, and the fact that he made a confession. These arguments are without merit. Cox was not a minor when he made his confession; he was 21 years old and had previous contacts with the criminal justice system.

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relevant facts, and the transcript, reveals a discussion that cannot be characterized as hostile

or coercive. Instead, Cox did not implicate Kurr in the killing of Moran during the

interview despite repeated appeals from the police officers that he do so. Consequently,

the district court did not commit reversible error when it denied Cox’s motion to suppress

his confession.

II.

Cox challenges his conviction of first-degree premeditated murder, arguing the

circumstances proved support a rational inference that he shot Moran in a rash impulse,

and therefore the State presented insufficient evidence to prove the element of

premeditation. Essentially, Cox admits the murder was intentional, but asserts that it was

not premeditated. The question is therefore whether there is sufficient evidence to support

the jury’s verdict that Cox committed premeditated murder.

When the State relies entirely on circumstantial evidence to prove an element of the

offense, we use a two-step test to determine whether the State presented sufficient evidence

to prove the element. State v. Anderson, 789 N.W.2d 227, 241 (Minn. 2010); see also State

v. McAllister, 862 N.W.2d 49, 53-55 (Minn. 2015). First, we identify the circumstances

Cox was presented with a Miranda warning, and he indicated that he understood his rights and wished to proceed with the interview. Cox concedes that he was “given access to food, water and a bathroom” during the interview, that the tone of the interview was “not on balance hostile,” and that those factors ought to be considered when assessing whether his subsequent statement was voluntary. Cox’s argument that the interview was overlong is misleading because while it lasted nearly 5 hours, he confessed after less than an hour and a half. See Clark, 738 N.W.2d at 330, 333 (stating a 2-hour interview is fairly short).

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proved and, in doing so, defer to the fact-finder’s acceptance of the proof of these

circumstances and rejection of conflicting evidence. State v. Silvernail, 831 N.W.2d 594,

598-99 (Minn. 2013). Second, we examine the reasonable inferences that can be drawn

from the circumstances proved. State v. Matthews, 800 N.W.2d 629, 636 (Minn. 2011).

We give no deference to the fact-finder’s choice between reasonable inferences. Id.

To sustain a conviction based on circumstantial evidence, the reasonable inferences

that can be drawn from the circumstances proved must be consistent with the hypothesis

that the accused is guilty and inconsistent with any rational hypothesis other than guilt.

State v. Andersen, 784 N.W.2d 320, 332 (Minn. 2010) (citing State v. Curtis, 295 N.W.2d

253, 258 (Minn. 1980)). When applying this test, we view the circumstances proved as a

whole and not as discrete and isolated facts. Matthews, 800 N.W.2d at 635-36; see also

State v. Palmer, 803 N.W.2d 727, 733 (Minn. 2011). We will not overturn a conviction

based on circumstantial evidence on the basis of mere conjecture. State v. Lahue,

585 N.W.2d 785, 789 (Minn. 1998).

A person who “causes the death of a human being with intent to effect the death of

that person or another, but without premeditation” is guilty of second-degree murder.

Minn. Stat. § 609.19, subd. 1(1) (2014). In contrast, a person who “causes the death of a

human being with premeditation and with intent to effect the death of the person or of

another” is guilty of first-degree premeditated murder. Minn. Stat. § 609.185, subd. (a)(1).

“Premeditation” means “to consider, plan or prepare for, or determine to commit,

the act referred to prior to its commission.” Minn. Stat. § 609.18 (2014). Premeditation

does not require proof of extensive planning or preparation, nor does it demand that a

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specific time period elapse for deliberation. State v. Cooper, 561 N.W.2d 175, 180

(Minn. 1997). Instead, the State must simply establish that there was some appreciable

passage of time between a defendant’s formation of the intent to kill and the act of killing,

and that during this time defendant deliberated about the act. State v. Leake, 699 N.W.2d

312, 319 (Minn. 2005). Premeditation is a state of mind “generally proven through

circumstantial evidence.” State v. Hughes, 749 N.W.2d 307, 312 (Minn. 2008) (quoting

Leake, 699 N.W.2d at 319).

We have previously observed that an inference of premeditation may be supported

by several categories of evidence, including planning activity, motive, the nature of the

killing, and a defendant’s actions following the killing. State v. Barshaw, 879 N.W.2d 356,

363 (Minn. 2016) (identifying planning activity, motive, and the nature of the killing as

relevant to premeditation); State v. Moore, 846 N.W.2d 83, 89 (Minn. 2014) (same); Leake,

699 N.W.2d at 321 (identifying the defendant’s actions before and after the murder as

relevant to premeditation). While evidence of motive is relevant, it is unnecessary to a

finding of premeditation. Palmer, 803 N.W.2d at 735. Because the State does not discuss

motive on appeal, our analysis focuses on Cox’s planning activity, the nature of the killing,

and Cox’s actions following the killing. We consider each of these categories in turn.

A.

Planning activity relates to “facts about how and what the defendant did prior to the

actual killing which show he was engaged in activity directed toward the killing.” Hughes,

749 N.W.2d at 313 (quoting Moore, 481 N.W.2d at 361). Planning activity can consist of

“prior possession of the murder weapon by the defendant.” Palmer, 803 N.W.2d at 734

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(quoting Hughes, 749 N.W.2d at 313). We have observed that “arming oneself prior to a

robbery expecting to kill if need be anyone obstructing the plans would be sufficient to

come within the definition [of premeditation] even though it may be hoped and anticipated

that the need for killing would not occur.” State v. Kirch, 322 N.W.2d 770, 773

(Minn. 1982) (quoting Minn. Stat. Ann. § 609.18 (West 1964) (advisory comm. cmt.)).

Although we have never discussed whether putting a pistol grip glove on one’s trigger hand

supports a finding of premeditation, the California Court of Appeal has said “the fact

defendant wore a glove on one hand, his shooting hand, support[s] a reasonable inference

defendant killed as a result of deliberation and premeditation” because “[w]earing the one

glove shows defendant intended to use the gun.” People v. Diaz, No. G046207, 2013 WL

286275, at *4 (Cal. Ct. App. Jan. 25, 2013). While Diaz does not provide controlling legal

precedent, we find its reasoning persuasive. A person who does not intend to fire a gun

has no need to wear a specialized glove that improves performance and cushions the

shooting hand.

The circumstances proved regarding Cox’s planning activity are as follows. Kurr

and Cox planned the armed robbery of Moran’s home because Kurr believed that Moran

was the reason Kurr was fired from his job, and that Moran had money and drugs at his

home. Before the robbery, Cox armed himself with a fully loaded .357 magnum handgun

and placed extra bullets in his pocket. He wore a pistol grip glove on his shooting hand,

and a mismatched cotton glove on his other hand. Prior to the night of the shooting, Cox

practiced shooting the handgun. While he awaited Moran’s arrival, Cox told B.M. he might

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“just kill everybody” if B.M. was lying to him. When Moran arrived, Cox said, “This is

the one I’m looking for.”

The circumstances proved, as a whole, support a rational inference that Cox

premeditated the murder of Moran. It is reasonable to infer that Cox planned an armed

robbery and killing if necessary to accomplish his criminal objective. Like the defendant

in Kirch, 322 N.W.2d at 773, Cox armed himself with a handgun in anticipation that the

robbery might require him to use it against the occupants of Moran’s home. Cox practiced

shooting the handgun so that he would be prepared to shoot the occupants of the home.

Cox also wore a pistol grip glove designed to cushion a person’s hand when a gun is fired

and placed additional bullets in his pocket, both of which support an inference that he

contemplated firing the gun before he entered Moran’s home. Further, even before Moran

arrived, Cox told B.M. that he might kill everybody in the home. When Moran arrived,

Cox identified him as “the one” he was looking for, which supports a reasonable inference

that Cox did not simply intend to steal items from Moran’s home but instead intended to

rob Moran at gunpoint and, if necessary, kill Moran to accomplish his criminal objective.

Moreover, these circumstances are inconsistent with a rational inference that Cox’s

killing of Moran was the product of a rash impulse. It is true that the circumstances proved

support a rational inference that Cox’s initial criminal objective might not have been kill

Moran, but rather to rob Moran at gunpoint. Cox’s plan plainly focused on the armed

robbery of Moran. But it is unreasonable to infer that Cox did not plan to kill the

individuals in the home if necessary to accomplish this initial criminal objective. We

therefore conclude that the circumstances proved as a whole regarding Cox’s planning

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activity are consistent with a rational inference that Cox considered killing Moran ahead

of time and inconsistent with a rational inference that Cox’s murder of Moran was a rash

impulse.

B.

We next turn to the nature of the killing. Previously, we have concluded that

evidence of even a short pause between shots may support an inference of premeditation.

State v. Buchanan, 431 N.W.2d 542, 548 (Minn. 1988) (“[W]here first shots are followed

by a pause and second shots, an inference of premeditation is proper.”). Also, evidence

showing that the defendant inflicted wounds to the victim’s vital organs may support an

inference of premeditation. State v. Ortega, 813 N.W.2d 86, 101 (Minn. 2012). Moreover,

the fact that the defendant fired additional shots from a handgun after the victim was

incapacitated may support an inference of premeditation. See Palmer, 803 N.W.2d at

736-37 (reasoning evidence showing that the defendant “stood over [the victim] and

finished him off,” including the downward trajectories of some of the bullets, supported

the jury’s finding of premeditation); State v. Clark, 739 N.W.2d 412, 423 (Minn. 2007)

(reasoning evidence showing that the fatal second wound was inflicted while the victim

was lying on the floor supported the jury’s finding of premeditation).

The circumstances proved regarding the nature of Cox’s killing of Moran are that

Moran walked in the front door and Cox, who was standing across the room from him,

raised the .357 magnum from his side and aimed it at Moran. Surprised by Cox’s presence,

Moran said, “Whoa.” Looking back and forth between Cox and B.M, Moran smiled,

apparently believing that Cox’s presence was some kind of joke. Upon Moran’s arrival,

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Cox did not immediately shoot Moran four times in rapid succession. Cox also did not tell

Moran that this was a robbery or demand any cash or drugs. Instead, Cox focused upon

Moran by saying, “This is the one I’m looking for.” Moran’s cell phone began to ring. In

spite of Cox’s order to show his hands, Moran reached into his pocket and pulled the phone

out of his pocket. B.M. could see that the object in Moran’s hand was a phone. Cox

ordered Moran to “put down the phone.” When Moran ignored that order, Cox shot Moran

in the right thigh, shattering his femur. B.M. turned away and covered his ears. Forty

seconds elapsed between the first order and the first shot. After the first shot, Cox offered

Moran another opportunity to comply with his orders. When Moran continued to ignore

him, Cox fired a second shot that struck Moran in the chest, causing Moran to “stumble

back towards the door.” As Moran fell backwards, Cox fired a “third and fourth [shot]

pretty much at the same time.”

The circumstances proved, when considered as a whole, support a rational inference

that Cox premeditated the murder of Moran. Cox paused between the first, second, and

third shots. See Buchanan, 431 N.W.2d at 548. The first shot incapacitated Moran when

it shattered his femur. See Palmer, 803 N.W.2d at 736-37. The remaining shots struck

Moran in the chest, damaging vital organs. See Ortega, 813 N.W.2d at 101. Cox used a

.357 magnum to kill Moran, a semiautomatic weapon that fires one bullet per pull of the

trigger. These circumstances are all consistent with a rational inference of premeditation

and inconsistent with a rational inference that Cox shot Moran in a rash impulse.

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C.

We also consider a defendant’s actions following a killing when determining

whether there was premeditation. See Leake, 699 N.W.2d at 321; Kirch, 322 N.W.2d at

774. Removing valuables from the body after killing the victim is considered evidence of

premeditation. See Pilcher, 472 N.W.2d at 336. The failure to administer any aid to a

victim who does not die instantaneously also supports an inference of premeditation. See

Anderson, 789 N.W.2d at 242-43. And laughter following a murder is “inconsistent with

having acted on a rash impulse that arguably should lead to quick regret.” State v. Johnson,

616 N.W.2d 720, 726 (Minn. 2000) (internal quotation marks omitted).

The circumstances proved regarding Cox’s actions after he shot Moran include the

following. The first words Cox uttered after he stopped shooting were, “Now I only have

two [bullets] left.” Cox made B.M. roll Moran over and retrieve Moran’s wallet from his

pocket. Cox made no effort to aid Moran. Instead, after examining the contents of Moran’s

wallet, Cox said, “Let’s continue,” which B.M. understood as a command to continue the

tour of the home. Before he left, Cox asked B.M. if he had any duct tape or rope. When

B.M. said he didn’t have any, Cox told him to put his hands on his head and count to 120.

Later that night, Cox was laughing and showing his gun to others in a Minneapolis

recording studio. On the following day, Cox laughed when Kurr discovered Moran was

dead, and said, “I always wanted to kill a white boy ever since a white boy killed my

brother.”

The circumstances proved, when taken as a whole, support a rational inference that

Cox premeditated the murder of Moran. As Moran lay on the ground struggling to breathe,

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Cox stole his wallet. See Pilcher, 472 N.W.2d at 336. Cox failed to render aid to Moran

and considered restraining B.M. with duct tape or rope, which would have prevented B.M.

from calling 911 to obtain emergency assistance for Moran. See Anderson, 789 N.W.2d at

242-43. Cox laughed when Kurr discovered Moran was dead, and said “I always wanted

to kill a white boy ever since a white boy killed my brother.” See Johnson, 616 N.W.2d at

726. These circumstances, when viewed as a whole, are consistent with a rational inference

of premeditation and inconsistent with a rational inference that Cox shot Moran in a rash

impulse.

Cox and the dissent separately analyze and parse each fact to argue the murder was

the product of a rash impulse and not premeditated. This argument is flawed. Our

circumstantial evidence standard requires that we examine the circumstances proved as a

whole and not piecemeal. Matthews, 800 N.W.2d at 635-36. Here, the circumstances

proved, examined as a whole, support a reasonable inference that Cox premeditated the

murder of Moran and are inconsistent with a reasonable inference that his conduct was the

result of a rash impulse.6

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About This Case

What was the outcome of State of Minnesota vs. Anthony James Cox?

The outcome was: In sum, the district court did not commit reversible error when it denied Cox’s motion to suppress, because the totality of the circumstances do not support Cox’s argument that his confession to police was involuntary. In addition, the circumstances proved regarding Cox’s planning activity, the nature of the killing, and Cox’s actions following the murder, examined as a whole, are consistent with a rational inference that Cox premediated the murder and inconsistent with Cox’s argument that his murder of Moran was the product of a rash impulse. Affirmed.

Which court heard State of Minnesota vs. Anthony James Cox?

This case was heard in STATE OF MINNESOTA IN SUPREME COURT, MN. The presiding judge was Christopher J. Dietzen..

Who were the attorneys in State of Minnesota vs. Anthony James Cox?

Plaintiff's attorney: *Lori Swanson* *Ron Hocevar*. Defendant's attorney: Cathryn Middlebrook, Chief Appellate Public Defender, Rachel F. Bond, Assistant State Public Defender.

When was State of Minnesota vs. Anthony James Cox decided?

This case was decided on August 26, 2016.






*Lori Swanson*







*Ron Hocevar*