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State v. Opel

The Court of Appeals of Washington, Division One
Oct 8, 2007
141 Wn. App. 1001 (Wash. Ct. App. 2007)

Opinion

No. 52371-6-I.

October 8, 2007.

Appeal from a judgment of the Superior Court for Snohomish County, No. 01-1-00804-2, Gerald L. Knight, J., entered April 24, 2003.


Affirmed by unpublished per curiam opinion.


At Barbara Opel's trial for first degree premeditated murder numerous witnesses testified that Opel asked her daughter and several of her daughter's friends to kill her landlord, Jerry Heimann. Police officers testified that in a recorded statement, Opel said she first decided to get rid of Heimann a month before his murder. This evidence is sufficient to support the jury's finding of premeditation and solicitation. We affirm.

Barbara Opel and her three children lived in Jerry Heimann's basement apartment at a small rent in exchange for helping care for Heimann's ailing mother. Opel's children included Heather, who was 13 years old at the time of the murder. On March 17 or 18, 2001, Opel raised the idea of killing Heimann with Heather's friend Marriam Oliver. At the beginning of April, Opel broached the subject again when Oliver and several other friends were at the Opel's. Opel also offered $5,000 to her friend Henry Goudeau if he would kill Heimann, but Goudeau declined. Opel asked Heather's friend, Jeff Grote, to kill Heimann. Grote called some of his friends to help, and Opel stood by while Grote was on the telephone and told him what to say. Opel told the group to use knives and baseball bats.

On the night of April 13, 2001, Opel remained in the basement apartment while Grote, his friends, and Heather attacked and killed Heimann with baseball bats and a knife. Afterward, Opel directed the clean-up and went with the others to dispose of the body. In the days after the murder, Opel wrote checks on Heimann's account to pay some of the participants and used Heimann's credit cards to buy clothes for Grote. Opel also used Heimann's bank account to pay six months' rent on a duplex. She then moved out of Heimann's house, leaving his mother there alone.

Opel was charged with first degree premeditated murder with the aggravating circumstance of soliciting and agreeing to pay others to commit the murder. She was also charged with second degree abandonment of a dependent person and second degree theft. A jury convicted Opel on all counts. She appeals.

The only issue Opel raises on appeal is the sufficiency of the evidence of premeditation and solicitation. This court reviews a challenge to the sufficiency of the evidence by determining whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Green, 94 Wn.2d 216, 220-222, 616 P.2d 628 (1980).

As defined by statute, first degree murder requires "a premeditated intent to cause the death of another person" and causing that death. RCW 9A.32.030(1)(a).

Referring exclusively to her own trial testimony, Opel argues that she asked the young people to beat Heimann up, not to kill him, that she never thought they would kill him, and that when she did mention that she wished Heimann was dead, she was joking, (although deep down inside she may have hoped that her friend Goudeau would kill him). But Opel's trial testimony was contradicted by the other witnesses and by her own prior recorded statement to the police.

Several friends of Opel's 13 year old daughter who were involved in the murder testified that Opel asked them to kill, not merely to beat up, Heimann. Oliver testified that Opel said that she did not care how they did it, but to do whatever they could to kill him, told them to use knives and bats, and told Oliver to use a knife to kill Heimann. Grote testified Opel asked him to kill Heimann and to get some other people to help with the murder. Grote also testified that when Oliver tried to leave at one point during the murder, Opel yelled at her to "get up there and do what she was supposed to." Derek D'Angelo testified that Opel asked him to kill Heimann.

Opel suggests this testimony was suspect because these witnesses received favorable plea deals in exchange for the testimony. But "[c]redibility determinations are for the trier of fact and cannot be reviewed on appeal." State v. Camarillo, 115 Wn.2d 60, 71, 794 P.2d 850 (1990), (citing State v. Casbeer, 48 Wn. App. 539, 542, 740 P.2d 335 (1987)).

Further, Opel's adult friend Henry Goudeau testified that Opel offered to pay him to kill Heimann, and in her recorded statement to the police, Opel admitted that she first decided to get rid of Heimann in March, that she told Goudeau that she would be willing to pay for some of his tickets if Heimann disappeared, and that she offered to buy Grote some new clothes and help in purchasing a car in exchange for killing Heimann. The evidence contradicts Opel's trial testimony and shows that Opel both deliberately planned the murder and solicited others to accomplish it. State v. Hoffman, 116 Wn.2d 51, 82, 804 P.2d 577 (1991). The evidence amply supports the conviction.

Affirmed.


Summaries of

State v. Opel

The Court of Appeals of Washington, Division One
Oct 8, 2007
141 Wn. App. 1001 (Wash. Ct. App. 2007)
Case details for

State v. Opel

Case Details

Full title:THE STATE OF WASHINGTON, Appellant, v. BARBARA MARIE OPEL, Respondent

Court:The Court of Appeals of Washington, Division One

Date published: Oct 8, 2007

Citations

141 Wn. App. 1001 (Wash. Ct. App. 2007)
141 Wash. App. 1001