State v. Caffee

#30118-a-JMK

                         IN THE SUPREME COURT
                                 OF THE
                        STATE OF SOUTH DAKOTA

                                …

STATE OF SOUTH DAKOTA,                   Plaintiff and Appellee,

     v.

MITCH LEROY CAFFEE,                      Defendant and Appellant.

                                …

                 APPEAL FROM THE CIRCUIT COURT OF
                    THE THIRD JUDICIAL CIRCUIT
                  JERAULD COUNTY, SOUTH DAKOTA

                                …

                   THE HONORABLE PATRICK T. PARDY
                               Judge

                                …


DAVID K. WHEELER
ALYSSA HORN of
Blue, Wheeler & Banks, LLP
Huron, South Dakota                      Attorneys for defendant
                                         and appellant.


MARTY J. JACKLEY
Attorney General

PAUL S. SWEDLUND
Solicitor General
Pierre, South Dakota                     Attorneys for plaintiff
                                         and appellee.

                                …

                                         CONSIDERED ON BRIEFS
                                         AUGUST 29, 2023
                                         OPINION FILED 09/20/23
#30118

KERN, Justice

[¶1.]         On October 24, 2021, while a no-contact order was in place, Mitch

Caffee (Caffee), armed with a pistol, forced his way into the home where his wife,

Katie Caffee (Katie), was staying with her ninety-year-old grandmother, Lorraine

Redmann. Caffee had posted bond following a prior violation of the no-contact order

just four days before. Once inside Redmann’s home, he struck Katie and pushed

her down onto a couch. When Redmann came out of her bedroom and tried to call

911, Caffee fatally shot her in the face. With Redmann lying dead on the floor,

Caffee proceeded to hold Katie hostage in the home for hours while he contemplated

his next steps. Caffee eventually surrendered and was arrested and charged with

multiple offenses including first-degree murder. Pursuant to a plea agreement with

the State, Caffee pleaded guilty to first-degree manslaughter, in violation of SDCL

22-16-15(3), and aggravated assault, in violation of SDCL 22-18-1.1(5). He was

sentenced to life in prison without parole. Caffee appeals, arguing his sentence

violates the Eighth Amendment and that the circuit court abused its discretion. We

affirm.

                      Factual and Procedural Background

[¶2.]         At the time of these events, Caffee and Katie resided in Wessington

Springs, South Dakota. They had been together since 2011, were married in 2018,

and had two children together. 1 While Caffee had no prior criminal convictions,

Katie reported that Caffee was often physically violent toward her, going back to at




1.      Caffee had one prior marriage. His ex-wife, with whom he has a child, also
        reported a history of domestic violence against her.
                                           -1-
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least 2014. In 2016 or 2017, Caffee dragged Katie down a flight of stairs while she

was pregnant with their son and slammed her head against the floor, injuring her.

Caffee, in September 2017, shoved Katie in a bathroom, causing her to hit her face

and chip a tooth, for which she needed dental care. On another occasion, in

November 2020, Caffee hit Katie, and her employer noticed bruising on Katie’s face

while she was at work. Katie did not report this or any of the other assaults.

[¶3.]        On August 31, 2021, Katie’s friend called law enforcement after Katie

disclosed to her that Caffee had beaten, kicked, and choked Katie in front of their

seven-year-old daughter and three-year-old son. In a Child’s Voice interview, the

daughter recounted that Caffee grabbed Katie by the neck and threw her down

when they were arguing. She was “[p]assed out on the ground, and he hit her with

his foot on her head two times.” Caffee dragged Katie to another room and

eventually picked her up and put her on a bed. Her daughter reported that Katie

vomited and had difficulty speaking when she woke up.

[¶4.]        As a result of this incident, law enforcement arrested Caffee for

domestic simple assault, and a no-contact order was put in place. Despite the

existence of the no-contact order, Caffee was frequently at the family home. Then,

on October 19, 2021, when Katie told Caffee that she “couldn’t do it anymore[,]” he

became angry and began searching the house for his pistol. On October 20, Katie

called law enforcement to report the violation of the no-contact order. Caffee

attempted to reach Katie throughout the day, asking her to share her GPS location

with him. When she ignored his calls, he contacted her from another number. He




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was arrested that evening for violation of the no-contact order and another domestic

simple assault but bonded out the next morning.

[¶5.]         After learning that Caffee had been released on bond, Katie began

staying with Redmann because she was concerned for her own safety. Katie

returned from work at 2:00 a.m. on October 24, 2021. She did not see anyone

around when she parked her car and approached the house. After she entered the

home, she closed and locked the door. A short time later she heard someone

banging on the door and jiggling the door handle. She looked out the window and

saw Caffee at the door attempting to open it. As she was checking the door to make

sure she had locked it, Caffee kicked the door open and entered the home. He

charged toward Katie, pushing her down onto a couch. Caffee struck her and yelled

at her for turning him in to law enforcement for violating the no-contact order.

Unbeknownst to Katie, Caffee was wearing a holstered gun at his side.

[¶6.]         Hearing the commotion, Redmann woke up and came out of her

bedroom. When she saw Caffee, she returned to her bedroom to retrieve her phone

to call 911. Caffee followed her into the bedroom and confronted her, drawing a .40

caliber Glock Model 22C pistol. Katie heard a shot. Caffee came out of the room

and said, “she’s f***ing dead.” Katie rushed toward the bedroom, but Caffee refused

to let her into the room to check on her grandmother and brought her instead

toward another bedroom. As she passed by her grandmother’s room, she saw her

lying on the floor and a lot of blood. 2 Caffee allowed Katie to call law enforcement




2.      An autopsy later revealed that Redmann died of a single intermediate range
        gunshot wound to the face that perforated the brain.
                                         -3-
#30118

to report what had happened. Katie was hysterical and sobbing on the phone with

the 911 dispatcher and, at Caffee’s direction, placed the call on speaker phone.

[¶7.]           Caffee spoke with the dispatcher, maintaining that he had “just

wanted to talk” with Katie. At one point he told law enforcement that he had an

explosive device and that if they entered the home he would “blow this whole

f***ing house up just so you know.” He told the dispatcher that he was not going to

hurt Katie and had told her as much. Caffee explained that “her grandma f*****’

interfered and I tried to swat her phone out of her hand and I accidentally shot her

in the head.”

[¶8.]           Caffee also called a news station and informed them that he had a

story for them. He informed a reporter that there would be a police standoff at

Redmann’s residence and that they should send a news crew. Caffee reported

killing his wife’s grandmother and currently holding his wife hostage. When Katie

asked Caffee why he called the news station, he said that he did so because “he just

thought it would be fun[.]” He voiced contemplating suicide or suicide by cop. He

also discussed finances with Katie and expressed that the kids needed a mother.

Caffee kept Katie in the bedroom and would not allow her to leave, even

accompanying her into the bathroom on the one occasion she asked to use it.

[¶9.]           A number of law enforcement agencies responded to the hostage

situation. The Huron Police Department sent a Special Response Team, and the

Highway Patrol sent a SWAT team and an armored vehicle. A trained negotiator

and a sniper were deployed. Because Caffee told dispatch that he had an explosive

device inside the house, law enforcement officers removed the occupants of two


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#30118

homes near Redmann’s residence. Negotiations with Caffee continued through the

use of a hotline and by loudspeaker. After approximately six hours, Caffee left the

pistol behind, and he and Katie walked out of the house together. Caffee was

arrested and Katie was examined by medical personnel stationed at the scene.

[¶10.]       On November 5, 2021, a grand jury indicted Caffee on eight counts: (1)

murder in the first degree, in violation of SDCL 22-16-4(1), for Redmann’s death; (2)

murder in the first degree, in violation of SDCL 22-16-4(2), for Redmann’s death; (3)

kidnapping in the first degree, in violation of SDCL 22-19-1, with respect to Katie;

(4) burglary in the first degree, in violation of SDCL 22-32-1(1); (5) aggravated

assault (domestic violence), in violation of SDCL 22-18-1.1(5), with respect to Katie;

(6) violation of no-contact order, in violation of SDCL 25-10-13, for committing the

previously charged offense while a no-contact order was in place; and (7 and 8) two

counts of commission of a felony while armed with firearm, in violation of SDCL 22-

14-12, for committing kidnapping as charged in count (3) and violating a no-contact

order as charged in count (6) while armed with a handgun. Caffee was arraigned on

December 9, 2021. The court informed Caffee that the maximum sentence he could

receive would be two death or mandatory life sentences, an additional life sentence,

plus 92 years in the penitentiary, and fines up to $344,000. He pleaded not guilty

on all counts.

[¶11.]       On June 30, 2022, pursuant to an agreement with the State, Caffee

pleaded guilty to both counts of an information charging him with first-degree

manslaughter, in violation of SDCL 22-16-15(3), and aggravated assault, in

violation of SDCL 22-18-1.1(5). Pursuant to the terms of the agreement, the State


                                          -5-
#30118

stipulated that it would dismiss all the remaining charges and would not make a

specific recommendation as to the length of an appropriate sentence, except to

recommend that the sentences run concurrently. The State reserved the right to

comment on the severity of the offenses.

[¶12.]         Prior to Caffee’s sentencing hearing, he provided the court with a

sentencing memorandum. The memorandum detailed a version of the facts similar

to those set forth in his brief on appeal and included a report from Dave Lauck, a

firearm expert who examined the gun. Lauck performed two strike tests and a

stippling test 3 on the gun. He also opined that the gun was prone to accidental

discharge. In addition, Caffee’s sentencing memorandum included an attachment

containing a list of the 94 manslaughter sentences imposed in the last ten years in

South Dakota, only three of which were life sentences. Court services also prepared

a pre-sentence investigation report, which included a report from the State’s

forensic expert showing that the gun was functioning properly as intended by the

manufacturer.

[¶13.]         The sentencing hearing was held on August 17, 2022. Neither the

State nor Caffee presented witnesses, but both the State and Caffee’s counsel

addressed the circuit court. Prior to imposing sentence, the court indicated that it



3.       In the context of this case, stippling or a stippling pattern refers to a
         grouping of dots caused by gunpowder discharged from a gun along with the
         bullet, which was the method Lauck used to form an opinion regarding the
         distance of the gunshot wound to Redmann. Lauck explained the procedure
         he used to perform this test in his report. First, he reviewed the medical
         examination finding that Redmann had a 3.25” by 3” area of stippling. Then
         he fired shots from the gun against white target paper from different
         distances until the area of the resulting stippling pattern was close to 3.25”
         by 3”.
                                              -6-
#30118

would articulate some of the factors it considered when attempting to fashion an

appropriate sentence, stating in part:

             So, first, in regards to the general moral character, mentality,
             and tendencies of the Defendant, you are an aggressive abuser
             with a long history of controlling and abusing your partner.
             There is a history going back to at least 2014 of kicking,
             punching, pushing, strangulation, to the point of your victim
             passing out.
             ...
             In this matter, the Defendant was arrested on a simple assault,
             domestic, on August 31st, 2021. Got out on bond, with
             conditions. Was arrested for violating those conditions.

             After posting a second bond, got out again. Ignored the law.
             Ignored your bond conditions. Got a gun, broke into
             [Redmann’s] home, shot and killed her. In your brief, you claim
             this was an accident, and you blame the gun.

             The fact is, in this matter, you brought the gun, you kicked
             through a locked door, and then you attacked the victim in her
             house. You unholstered your gun, you put your finger on the
             trigger. Your excuse is that you were hitting the phone out of
             her hand because she was calling for help, after you broke into
             her home, after you attacked her, terrorized her granddaughter.
             I find all of this behavior shows that you will knowingly commit
             any crime to get what you want.
             ...
             When I look at the effects of your crime on your victims, first,
             regarding [Redmann], you obviously took all she’s had -- all she
             had and all she’ll ever have. You deprived her family and
             friends of her love, her companionship, leaving a crater, really,
             in all of their lives. It appears from the record to this [c]ourt
             that she was a textbook grandmother that we think of,
             cornerstone of a family, family gatherings, and you destroyed
             that.

             Regarding [Katie], she suffered under your abuse and
             terrorization for years. The damage you have done to her and
             your children can never be undone, and no amount of counseling
             will undo that.

             This [c]ourt studied all of the factors that I am required to study
             or consider. Without discarding any of the factors, the factors
             that weighed most heavily on me is your lack of moral character

                                          -7-
#30118

             and evil mentality. In the kitchen of your wife’s home, in your
             home, in front of your eight-year-old daughter and her little
             brother, you assaulted their mother as they screamed and cried,
             and you choked her until she passed out. Then in front of your
             children, you kicked her in the head, I’m assuming to see if she
             was still alive. And then you dragged her to another room
             because you couldn’t physically pick her up.

             Looking at your allegation, or your position that this was an
             accident: You intentionally violated the bond. You intentionally
             tracked your wife to a home. Before that, you intentionally went
             and got a gun. You intentionally loaded that gun. You
             intentionally broke into the house. You intentionally pushed
             your wife on the ground. When she got up, you intentionally hit
             her to the ground. You intentionally confronted [Redmann.]
             You intentionally pulled the gun, apparently, at that point, to
             which even your own attorney has acknowledged. You
             intentionally put your finger on the trigger of that gun. And
             whether or not you intentionally shot her or you were
             intentionally pistol-whipping a phone out of her hand really
             doesn’t matter. She is dead simply because of your intentional
             actions.

With that, the court sentenced Caffee to life without the possibility of parole for

first-degree manslaughter and to a term of fifteen years for aggravated assault to

run concurrently with his life sentence. The court ordered Caffee to pay restitution

and forbade him to initiate contact with Redmann’s family, Katie, or their children.

[¶14.]       Caffee raises two issues on appeal, which we restate as follows:

             1.     Whether Caffee’s sentence constitutes cruel and unusual
                    punishment.

             2.     Whether the circuit court abused its discretion by
                    imposing a life sentence without the possibility of parole.

                                       Analysis

[¶15.]       Because Caffee challenges his life sentence for first-degree

manslaughter and not his sentence to a term of years for aggravated assault, we

restrict our analysis to the crime of first-degree manslaughter and the punishment

                                          -8-
#30118

therefor. Caffee challenges his life sentence as both unconstitutional and an abuse

of discretion. We consider these issues in turn under the applicable standards of

review.

             1.     Whether Caffee’s sentence constitutes cruel and
                    unusual punishment.

[¶16.]       “[W]hen the question presented is whether a challenged sentence is

cruel and unusual in violation of the Eighth Amendment, we conduct a de novo

review.” State v. Manning, 

, 

 (alteration in

original) (quoting State v. Chipps, 

, ¶ 31, 

). “The

Eighth Amendment to the United States Constitution prohibits ‘cruel and unusual

punishment[.]’” 

 (alteration in original) (quoting U.S. Const. amend. VIII). “This

restriction applies to the states through the Fourteenth Amendment.” 

[¶17.]       “In determining whether a noncapital sentence is in violation of the

Eighth Amendment, we must decide whether the sentence is ‘grossly

disproportionate to its corresponding offense.’” Id. ¶ 48, 

 (quoting

State v. Rice, 

, 

). “To do so, we first compare

the gravity of the offense—i.e., ‘the offense’s relative position on the spectrum of all

criminality’—to the harshness of the penalty—i.e., ‘the penalty’s relative position on

the spectrum of all permitted punishments.’” 

 (quoting Rice, 

,

). “This analysis will ‘typically mark[ ] the end of our review’ as

gross disproportionality is rarely found.” 

 (alteration in original) (quoting

Chipps, 

, ¶ 38, 

). If the penalty does appear “to be

grossly disproportionate to the gravity of the offense, then we will compare the

sentence to those ‘imposed on other criminals in the same jurisdiction’ as well as

                                           -9-
#30118

those ‘imposed for commission of the same crime in other jurisdictions.’” Id. ¶ 48,

 (quoting Chipps, 

, ¶ 38, 

).

[¶18.]       We examine the gravity of the offense first. Caffee was convicted of

first-degree manslaughter for perpetrating homicide “[w]ithout any design to effect

death, . . . but by means of a dangerous weapon[.]” SDCL 22-16-15(3). “[H]omicide

has long been considered ‘the highest crime against the law of nature, that man is

capable of committing.’” State v. Ceplecha, 

, 

, 698

(alteration in original) (quoting Rice, 

, 

). “[T]he

consequences of taking a life are not simply grievous, they are incalculable[.]” 

(second alteration in original).

[¶19.]       In addition to considering the gravity of the offense in the abstract,

“the circumstances of the crime of conviction affect the gravity of the offense.”

Chipps, 

, ¶ 36, 

. And “[i]n conducting the threshold

comparison between the crime and the sentence, we also consider other conduct

relevant to the crime.” Id. ¶ 40, 

 (quoting State v. Garreau, 

, ¶ 12, 

). When the undisputed facts of a case establish

that a defendant had greater involvement in a crime than reflected in their plea to a

lesser charge, the circuit court in imposing sentence can consider the true nature of

the offense and whether it was “among ‘the more serious commissions of the

crime[.]’” State v. Klinetobe, 

, 

 (alteration in

original) (quoting State v. Talla, 

, 

).

[¶20.]       Caffee acknowledges that first-degree manslaughter is a grave offense

but argues that he did not commit the crime in a particularly callous way. He


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#30118

argues, referencing the report from his firearm expert, that the amount of

movement needed to pull the trigger of his pistol was reduced and that he was only

trying to use the gun to knock the phone from Redmann’s hand when it discharged.

He contends that the results of the stippling test performed by his expert are

consistent with his story that he shot Redmann at a distance of approximately ten

inches. Caffee claims he lacked motive, which in turn supports his contention that

there was no premeditation, because he had nothing to gain from killing either

Katie or Redmann. Further, he claims he always intended to take responsibility

and just needed time to figure out how to end the situation.

[¶21.]       In response to Caffee’s claim about the pistol being prone to accidental

discharge, the State notes that “abnormally slight pressure on the trigger” still

involves an admission “that Caffee’s finger was on the trigger which is evidence of

premeditation.” Moreover, according to the State forensic expert’s report, the pistol

was fully functional. The State also contends, and the record supports, that while

Caffee pleaded to the reduced charge of manslaughter, there was sufficient evidence

to qualify Caffee’s actions as first-degree murder. Thus, in the State’s estimation,

“Caffee’s conduct is grave in the extreme on the spectrum of criminality.”

[¶22.]       In this case, although Caffee had no prior convictions, the particular

circumstances surrounding this crime do not lessen its gravity. First, Caffee broke

into Redmann’s home at night. Then, he was violent toward her granddaughter—

who was staying there specifically because he had already violated a no-contact

order and she no longer felt safe in her own home. Finally, Caffee admits that it

was his intent to use his pistol to knock the phone out of the ninety-year-old


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#30118

woman’s hand, which he did with his finger on the trigger of the loaded firearm. On

the spectrum of all criminality, therefore, the gravity of Caffee’s crime is high.

[¶23.]       We next examine the harshness of the sentence. The circuit court

sentenced Caffee to life imprisonment without the possibility of parole. First-degree

manslaughter is a Class C felony. SDCL 22-16-15. The maximum penalty

authorized for a Class C felony is “life imprisonment in a state correctional facility.

In addition, a fine of fifty thousand dollars may be imposed[.]” SDCL 22-6-1(3). The

spectrum of all permitted punishments in South Dakota includes the possibility of

death. See SDCL 22-6-1(1) (authorizing death as a penalty for a Class A felony).

[¶24.]       Caffee argues this Court should determine that the penalty is grossly

disproportionate to the offense because the circuit court imposed a life sentence

without a finding that the crime was committed intentionally. In Caffee’s view, “[a]

crime in which a person uses a gun to intimidate a person and control a situation

and then accidently kills another person does not match the harshness of the

penalty imposed by the trial court.” He seeks a remand “for an analysis of the

sentence compared to other sentences in this state and compared to other sentences

for the same crime in other states.”

[¶25.]       With only a death sentence above it, a life sentence is undoubtedly at

the higher end of the spectrum of all permitted punishments. The baseline gravity

of first-degree manslaughter is likewise high. See Rice, 

, 

. We also consider Caffee’s conduct surrounding the crime and that his

conviction reflects a plea bargain agreement resulting in dismissal of the first-

degree murder charges levied against him by the grand jury. See Chipps, 2016 S.D.


                                          -12-
#30118

8, ¶ 36, 

. The circuit court described Caffee’s intentional conduct

in shooting Redmann in the face, which is among the most serious commissions of

this offense. Thus, when compared to the gravity of Caffee’s offense, his

punishment is not grossly disproportionate, and our review of his constitutional

claim ends.

              2.    Whether the circuit court abused its discretion by
                    imposing a life sentence without the possibility of
                    parole.

[¶26.]        “We generally review a circuit court’s sentencing decision for an abuse

of discretion.” Manning, 

, 

 (quoting Klinetobe,

, 

). “An abuse of discretion is a fundamental

error of judgment, a choice outside the range of permissible choices, a decision,

which, on full consideration, is arbitrary or unreasonable.” 

 (quoting Klinetobe,

, 

).

[¶27.]        “Circuit courts have broad discretion in sentencing.” Id. ¶ 52, 

 (quoting Klinetobe, 

, 

). “Courts

should consider the traditional sentencing factors of retribution, deterrence—both

individual and general—rehabilitation, and incapacitation.” Klinetobe, 

, 

. Courts should weigh these factors “on a case-by-case

basis[.]” 

 (quoting State v. Toavs, 

, ¶ 10, 

, 357).

Courts may determine “which theory is accorded priority” in a particular case.

Talla, 

, 

. “[T]he sentencing court should

acquire a thorough acquaintance with the character and history of the [person]

before it[,]” and “should have access to ‘the fullest information possible concerning


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#30118

the defendant’s life and characteristics. Information which should be available to

the court includes general moral character, mentality, habits, social environment,

tendencies, age, aversion or inclination to commit crime, life, family, occupation,

and previous criminal record.’” Klinetobe, 

, 

(internal citations omitted) (quoting State v. Holler, 

, 

).

[¶28.]       We have said that “circuit courts must look at both the person before

them and the nature and impact of the offense.” State v. Mitchell, 

, 

. Circuit “courts must consider sentencing evidence

tending to mitigate or aggravate the severity of a defendant’s conduct and its

impact on others. Sentencing courts are often required, in this regard, to accurately

assess the ‘true nature of the offense.’” Id. ¶ 30, 

 (quoting

Klinetobe, 

, 

). This may include “conduct that

was uncharged or served as the basis for charges that later resulted in a dismissal

. . . as long as the State proves the conduct by a preponderance of the evidence.” Id.

¶ 31, 

. Thus, “a circuit court can accept [a] reduced manslaughter

plea as provident and still rely upon additional evidence adduced at sentencing to

determine the actual level of culpability in order to formulate an appropriate

sentence.” 

 ¶ 32 n.7, 

 n.7. We have upheld a circuit court’s

reliance on “an ‘extensive sentencing record’ to assess the nature of a defendant’s

offense . . . not limited to the information contained in a stipulated factual basis

statement used to support a defendant’s guilty plea.” Id. ¶ 32, 

(quoting Klinetobe, 

, ¶ 36 n.6, 

 n.6).


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#30118

[¶29.]         Caffee argues that “[t]he sentencing court disregarded any chance for

rehabilitation” because a life sentence is inconsistent with the goal of rehabilitation.

See State v. Ramos, 

, ¶ 17, 

. He points to his lack

of prior criminal convictions and how the pending simple assault charge was his

first such charge. Caffee asserts that the court determined that he was incapable of

rehabilitation based on his history of domestic violence when there was “no evidence

that counseling and appropriate domestic violence programming would have no

effect on him.” He contends that the court should not have ruled out rehabilitation

in his case because he had never been through the criminal justice system and it

was thus unknown whether mental health counseling, domestic abuse courses, and

incarceration would have had a rehabilitative effect upon him. Caffee argues that

courts should reserve life sentences for those criminals who “have shown a

propensity through their prior criminal history to be incapable of change after being

held accountable for their actions.” He seeks a remand for resentencing.

[¶30.]         The State argues that rehabilitation is not preeminent over the other

goals of incarceration and should be considered co-equal with retribution,

deterrence, and incapacitation. See Talla, 

, 

.

The State further contends that Caffee should have been motivated to seek

rehabilitation long before killing Redmann because of the destructive impact his

abusive actions had on Katie. 4

[¶31.]         At sentencing, the State challenged the utility of the memorandum

Caffee submitted showing the range of sentences received in other South Dakota



4.       The State also points to the harm he inflicted on his ex-wife.
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#30118

first-degree manslaughter cases given the fact-intensive nature of sentencing. The

State reiterates that Caffee’s manslaughter conviction “significantly understates his

actual criminal culpability” when he could have been convicted of first-degree

murder, which is punishable by death or a mandatory life sentence. The State

argues it was appropriate for the court to accord more relative weight to

incapacitation because of the risk Caffee poses to women.

[¶32.]         The State also disputed Caffee’s claim that the shooting was an

accident and argued to the court “that that gun was working fine. It had three

safety mechanisms, all of which were functioning as the manufacturer had intended

them.” 5 The State further noted that Caffee was not known to carry his gun and

that he had been looking for it days prior to the incident. Bringing a gun, the State

insists, is inconsistent with his claim that he just wanted to talk.

[¶33.]         Our review does not lead us to conclude that the circuit court abused

its discretion in sentencing Caffee. When the court fashioned Caffee’s sentence, it

had both his memorandum and the pre-sentence investigation report before it. The

court’s findings reflect that the court was well-informed about Caffee’s character

and history, including his mentality, habits, social environment, tendencies, age,

aversion or inclination to commit crime, life, family, occupation, and previous

criminal record. See Klinetobe, 

, 

. At

sentencing, the court explained that “[w]hen I look at your age, your life, your



5.       The fact that Caffee’s expert suggested the gun, or at least the model, had a
         tendency to misfire created a conflict in the evidence which the circuit court
         was uniquely positioned to resolve. See State v. Klinetobe, 

,
         

 (holding the sentencing court “was not obligated to
         indiscriminately accept the expert testimony” presented by the defendant).
                                           -16-
#30118

family, your occupation, it provides no excuse. And the record is clear that you are

a 39-year-old man, you were set as a landowner, had a wife, children. You had

resources, opportunity, the career you wanted, and a family.”

[¶34.]         Turning to the true nature of the crime, the evidence supports that the

State could have pursued a first-degree murder conviction given the circumstances

under which Caffee entered Redmann’s home before killing her and the manner in

which he shot her. See SDCL 22-16-4(1). The record supports the first-degree

murder (felony murder) charge levied against Caffee, in that Redmann was killed

while Caffee was engaged in the perpetration of burglary and kidnapping. See

SDCL 22-16-4(2).

[¶35.]         Contrary to Caffee’s argument that the court disregarded his prospects

for rehabilitation, the record reveals that the court specifically “considered” the

traditional sentencing factors. 6 See Klinetobe, 

, 

. In fact, the court explicitly discussed why it did not think rehabilitation would

be successful: “[w]hen I look at rehabilitation and the prospects for you, I frankly

don’t find much redeeming about your history that would lead this [c]ourt to believe

that your rehabilitation prospects are good. The fact is that your violence towards

women, with a history of abuse and terrorizing your wife, choking a domestic

partner to the point of blackout, is a serious red flag for future violence. And I do

believe that you will always be a danger to the women in your life.” The court was



6.       The court reviewed and considered numerous letters from Caffee’s victims,
         noting: “I have received every letter that was in the report, and I have
         studied them all.” The letters detail the fear and hurt Caffee caused
         Redmann’s family and friends and support a sentence placing great weight
         on retribution and incarceration.
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within its discretion to determine that, on the facts of this case, Caffee’s

rehabilitation was not a factor the court could accommodate without jeopardizing

the safety and well-being of the community. See Talla, 

, 

.

[¶36.]       Caffee does not point to anything the court failed to consider—he

simply disagrees with how the court weighed the factors it considered. Our review

of the record shows that there were ample aggravating factors to support affirmance

of the court’s decision to impose a life sentence without the possibility of parole.

[¶37.]       Affirmed.

[¶38.]       JENSEN, Chief Justice, and SALTER, DEVANEY, and MYREN,

Justices, concur.




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