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State v. Kraly

Supreme Court of Idaho

August 3, 2018

STATE OF IDAHO, Plaintiff-Respondent,
v.
SHANE A. KRALY, Defendant-Appellant.

          Appeal from the District Court of the First Judicial District, State of Idaho, Boundary County. Hon. Barbara A. Buchanan, District Judge.

         The judgment of the district court as to Count II is vacated.

          Nevin, Benjamin, McKay & Bartlett LLP, for Appellant. Dennis Benjamin argued.

          Hon. Lawrence G. Wasden, Attorney General, for Respondent. Kale Gans argued.

          BEVAN, JUSTICE.

         Shane A. Kraly appeals from a judgment of conviction following a jury trial where he was found guilty of various charges, including injury to child, in violation of Idaho Code section 18-1501(1). Kraly argues that the jury verdict as to the injury to child charge was not supported by sufficient evidence to conclude that he assumed care or custody of the minor child, M.M. We vacate the district court's judgment of conviction and remand this case with instructions for the entry of a judgment of acquittal as to Count II-the injury to child charge. However, Kraly's other convictions remain.

         I. FACTS AND PROCEDURE

         On April 27, 2016, M.M. met Kraly on social media through a mutual friend. M.M., who was seventeen at the time, told Kraly she was nineteen. Kraly, who was thirty, told M.M. that he was twenty-five. After they exchanged messages through social media, they shared phone numbers and started texting. After an extensive and explicit conversation, M.M. agreed that Kraly would come to her room, stay the night, and they would have sex.

         Kraly drove to M.M.'s residence that evening. At the time, M.M. lived with her father, but her bedroom was in a separate building on the property and was not connected to the main house. When Kraly arrived, M.M. met him outside and showed him to her room.

         Once inside her room, they made small talk, and Kraly asked her if she wanted to use methamphetamine. M.M. testified that this "freaked [her] out," and she said, "No, not really." She further testified that she had never done methamphetamine before, was terrified of needles, and had seen the impact drugs can have on a person's life because her uncle was an addict. Although she did not want to do methamphetamine, Kraly persisted until M.M. "just finally said yes" because "no wasn't good enough." Kraly then put a syringe without a needle into M.M.'s anus and injected methamphetamine into her rectum.

         M.M. testified that after Kraly injected methamphetamine into her rectum her head hurt "really bad" and she suddenly "didn't care" about her surroundings. Shortly after Kraly injected M.M. he showed her how to use methamphetamine. M.M. testified that Kraly had a little baggie with crystals in it, a knife, and a spoon. Once he finished crushing the crystals and mixed the drug with water, Kraly used a syringe with a needle and injected methamphetamine into his arm. After Kraly injected himself, M.M. testified that she felt "really tired and confused." Kraly told M.M. to "trust him and it won't hurt," and, using the same needle he had just injected himself with, he injected methamphetamine into M.M.'s arm. In addition to repeatedly injecting himself, Kraly also injected M.M. with methamphetamine throughout the night. In between injections, Kraly and M.M. had sex until the following morning.

         M.M. also testified that the following morning she was still high and "didn't want to go to school." Kraly drove them to a store for coffee and cigarettes, and then drove them to the Kootenai River Inn Casino. After a minute or two, they left and drove to a secluded location. While there, and while still in the truck, Kraly injected himself with methamphetamine and then injected M.M. in her arm. Kraly drove them back to the casino where they sat in the truck.

         M.M. was wearing an ankle monitor pursuant to the terms of a juvenile court release order. When M.M. did not show up at school, the school called her father, and her father called M.M.'s juvenile probation officer. Using the ankle monitor's GPS coordinates, law enforcement tracked M.M. to the casino parking lot and discovered Kraly and M.M. sitting in his truck. Kraly was later arrested and charged with rape, injury to child, possession of methamphetamine, and possession of drug paraphernalia.

         After trial, a jury found Kraly guilty on all counts. On January 19, 2017, the district court sentenced Kraly to concurrent fifteen year sentences on the rape and injury to child charges with five years fixed. Kraly was also sentenced to a concurrent five year fixed sentence on the methamphetamine charge and received credit for time served on the paraphernalia charge. Kraly timely appealed his conviction on the injury to child charge.

         II. ...


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