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Garcia v. People, 503 P.3d 135, 2022 CO 6

Facts

On April 1, 2016, Daniel Troy Kaehne called 911 claiming he had been abducted and assaulted by four men, including Garcia. Kaehne initially described being forced into a car at gunpoint but later testified that he voluntarily left a casino with Garcia and others. After a series of events involving a drug deal and a fight, Kaehne escaped and called the police. Garcia and his co-defendants were charged with second degree kidnapping, among other offenses, and were tried together.

In the early morning hours on April 1, 2016, Daniel Troy Kaehne made a 911 call from a stranger's home in Denver, claiming that he had been abducted, robbed, and assaulted by a group of four men. That is one of the few facts about which Garcia and Kaehne agree. When interviewed by the police, Kaehne described several different versions of the events that evening. Initially, he claimed he was abducted at gun-and knifepoint by four Black men who accosted him outside a casino in Blackhawk and forced him into their car. When he testified at trial, however, Kaehne told the jury that he voluntarily left the casino with four men (only one of whom is Black)—Garcia, Mario Llanos-Citron, and Garcia's adult sons, Josiah and Gerald.

Issue

Did the trial court err in providing a supplemental jury instruction that defined 'seizes and carries' in the second degree kidnapping statute as 'any movement, however short in distance'?

Whether the division erred in upholding the trial court's supplemental jury instruction defining 'seizes and carries,' as that phrase is used in section 18-3-302(1), C.R.S. (2020), as 'any movement, however short in distance.'

Rule

The second degree kidnapping statute requires that the defendant knowingly seizes and carries the victim from one place to another without consent and without lawful justification.

The second degree kidnapping statute, section 18-3-302(1), reads: 'Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.'

Analysis

The Supreme Court found that the trial court's instruction was misleading because it omitted the requirement that the defendant must seize the victim and carry them from one place to another. This allowed the jury to convict Garcia without finding that he had control over Kaehne, which is a necessary element of the crime. The court emphasized that the instruction could lead the jury to believe that any movement constituted kidnapping, which is contrary to the statutory requirements.

The Supreme Court found that the trial court's instruction was misleading because it omitted the requirement that the defendant must seize the victim and carry them from one place to another. This allowed the jury to convict Garcia without finding that he had control over Kaehne, which is a necessary element of the crime. The court emphasized that the instruction could lead the jury to believe that any movement constituted kidnapping, which is contrary to the statutory requirements.

Conclusion

The Supreme Court reversed Garcia's conviction for second degree kidnapping and remanded the case for a new trial, concluding that the trial court's errors were not harmless and violated Garcia's rights to due process and a fair trial.

Accordingly, we reverse the decision of the division below and remand the case for further proceedings consistent with this opinion.

Who won?

Nicholas Leonel Garcia, Jr. prevailed because the Supreme Court found that the trial court's jury instruction was erroneous and misleading, which affected the outcome of the trial.

Nicholas Leonel Garcia, Jr. prevailed because the Supreme Court found that the trial court's jury instruction was erroneous and misleading, which affected the outcome of the trial.

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