Opinion
No. C6-97-1498.
Filed May 12, 1998.
Appeal from the District Court, Itasca County, File No. K5-96-1596.
Hubert H. Humphrey III, Attorney General, and John J. Muhar, Itasca County Attorney, Courthouse, (for respondent)
John M. Stuart, State Public Defender, Dwayne Bryan, Assistant State Public Defender, (for appellant)
Considered and decided by Willis, Presiding Judge, Randall, Judge, and Klaphake, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996).
UNPUBLISHED OPINION
Appellant Donna Mae Gotchie challenges her conviction for making terroristic threats. Because the evidence produced at trial supports the jury's verdict, we affirm.
DECISION
This court must view the evidence in the light most favorable to the verdict and assume that the jury believed the state's witnesses and disbelieved any evidence to the contrary. State v. Steinbuch , 514 N.W.2d 793, 799 (Minn. 1994). At about midnight on October 4, 1996, Gotchie and her sister stopped by a bar located in Itasca County. When they entered, the owner refused to serve Gotchie and asked her to leave. The owner then called the Itasca County Sheriff to remove Gotchie, and Deputy Mike Bliss responded. After Gotchie refused to get in her car and leave the parking lot, Bliss arrested her and a scuffle ensued. After receiving back-up help from another officer, handcuffing Gotchie, and spraying her with mace, Bliss placed her in his squad car. During her arrest, Gotchie stated she would "have her relatives kill [Bliss] this coming weekend and that [Bliss] would be dying soon for what [he] was doing." Gotchie repeated this threat over ten times.
A terroristic threat requires a threat "to commit any crime of violence with purpose to terrorize another." Minn. Stat. § 609.713, subd. 1 (1996). A defendant must
utter the threat with the purpose of terrorizing another. Purpose in this context means aim, objective, or intention. Terrorize means to cause extreme fear by use of violence or threats.
State v. Schweppe , 306 Minn. 395, 400, 237 N.W.2d 609, 614 (1975) (citation omitted). An intent to terrorize can be inferred from surrounding circumstances. Id.
Gotchie argues that she did not intend to terrorize Bliss and that her threats expressed only transitory anger. At trial, Gotchie testified that she was not angry and made no threats. However, Bliss testified that Gotchie repeatedly threatened him at different times and locations; he further testified that he was concerned the threats might be carried out because he knew Gotchie had a violent temper and many relatives in the community. Bliss's testimony supports an inference that Gotchie intended to terrorize him. See id. at 401, 237 N.W.2d at 614 (effect of threat on victim relevant to element of intent); State v. Skramstad , 433 N.W.2d 449, 451, 455 (Minn.App. 1988) (affirming jury's conviction for terroristic threats where police officer's life was repeatedly threatened during fight and later arrest), review denied (Minn. Mar. 13, 1989).
Gotchie's reliance on civil cases involving intentional infliction of emotional distress is unpersuasive. The trial court properly instructed the jury, without objection, on the requirements for a conviction of terroristic threats. "[G]iven the facts in the record and the legitimate inferences that can be drawn from those facts," the jury could reasonably conclude that Gotchie was guilty of making terroristic threats. State v. Merrill , 274 N.W.2d 99, 111 (Minn. 1978).