Lacs County District Court File No. 48-CR-13-2482
Swanson, Attorney General, Matthew Frank, Assistant Attorney
General, St. Paul, Minnesota; and Joe Walsh, Mille Lacs
County Attorney, Milaca, Minnesota (for respondent)
Cathryn Middlebrook Chief Appellate Public Defender, Jenna
Yauch-Erickson, Assistant Public Defender, St. Paul,
Minnesota (for appellant)
Considered and decided by Rodenberg, Presiding Judge; Reilly,
Judge; and Klaphake, Judge. [*]
district court does not err by instructing the jury that the
knowledge requirement for accomplice liability under Minn.
Stat. § 609.05 (2012) is satisfied if the defendant knew
the alleged accomplices "were going to or were
committing a crime."
challenges her convictions of aiding and abetting
first-degree aggravated robbery, aiding and abetting
second-degree assault, aiding and abetting third-degree
assault, and aiding and abetting simple robbery. She asserts
that she is entitled to a new trial because the district
court erred in its accomplice-liability instruction to the
jury. Because the district court's jury instruction did
not misstate the law, we affirm.
case arises from an assault and robbery in the home of N.N.
and A.M. on December 21, 2013. J.F. was there as a visitor.
On that day, Chadric McKee struck N.N. three times in the
head, fracturing N.N.'s jaw. McKee grabbed A.M. by the
hair, pointed a gun at her head, and demanded money. Finally,
McKee approached J.F. with the gun in his hand and took her
cash, prescription medication, and cell phone. A total of
three cell phones were taken.
Daley Marie Smith was charged as McKee's accomplice under
Minn. Stat. § 609.05. At trial, the central issue was
whether appellant is criminally liable for the crimes
committed by McKee.
had repeatedly asked to borrow money from J.F. before the
robbery. J.F. initially agreed to lend money to appellant,
and then changed her mind. Appellant came to the home of N.N.
and A.M. on December 21 to borrow money. J.F. was at the
home, but hid in a bedroom under the pretense of not being
home. Appellant left and told N.N. and A.M. that she would
return later in the day. Appellant then called J.F. and asked
when she would return home and if she had paid rent to A.M.
that day, appellant returned to the home of N.N. and A.M.,
accompanied by McKee, whom N.N. and A.M. did not know. J.F.
again retreated to the bedroom to avoid appellant. Upon
entering the home with appellant, McKee pulled a bandana over
his face and struck N.N. three times in the head. A.M.
testified that appellant was standing between her and McKee
in the hallway during part of the attack, and "was just
kind of blocking my way so I couldn't get [past]
her." Between McKee's second and third strike to
N.N.'s head, appellant went to the bedroom where J.F. was
heard the commotion and called 911 from a bedroom closet.
Without ending the call with the emergency operator, J.F.
stepped from the closet and saw appellant in the bedroom.
J.F. testified that appellant looked surprised. When J.F.
asked appellant what was going on, appellant said,
"[McKee's] going crazy." McKee approached the
bedroom and stopped near the bedroom door, holding the gun in
his hand. J.F. gave him her money, prescription pills, and
cell phone, which was still connected to 911. J.F. testified
that appellant stood by while this occurred, but did not
demand or ...