APPEAL FROM: District Court of the Eighth Judicial District, In and For the County of Cascade, Cause No. DDC 10-084 Honorable Dirk M. Sandefur, Presiding Judge
The opinion of the court was delivered by: Chief Justice Mike McGrath
Submitted on Briefs: November 14, 2012
Decided: February 26, 2013
Chief Justice Mike McGrath delivered the Opinion of the Court.
¶1 Jerimie R.L. Hicks (Hicks) appeals from his convictions of deliberate homicide and solicitation to tamper with physical evidence in the Eighth Judicial District Court, Cascade County. We affirm.
¶2 Hicks presents the following issues for review:
¶3 Issue One: Whether the District Court properly concluded that assault on a minor is a forcible felony under the deliberate homicide statute.
¶4 Issue Two: Whether the District Court properly denied Hicks's motion in limine to exclude from evidence a portion of the police's videotaped interrogation of Hicks.
PROCEDURAL AND FACTUAL BACKGROUND
¶5 Three-year-old K.B. died on March 1, 2010, from severe brain injuries that she suffered after Hicks shoved her into a wall on February 26, 2010. Hicks had been dating K.B.'s mother, Jessica Bray (Bray), during the months preceding K.B.'s death. Hicks, Bray, and Bray's two children were living together at the time of the incident.
¶6 On the afternoon of February 26th, Hicks was taking care of K.B. by himself while Bray was at work. Hicks called Bray shortly after 1:20 in the afternoon to inform her that something was wrong with K.B. Hicks told Bray that their puppy had knocked K.B. down the stairs, and K.B. was not responding. Bray told Hicks to hang up the phone immediately and to call 9-1-1, which he did. Hicks told the dispatcher that K.B. had fallen down the stairs and that she was not responsive. Emergency responders arrived at the house minutes later. They instantly recognized severe injuries when they saw K.B. and immediately transported her to the hospital.
¶7 At the hospital, a CT scan revealed that K.B. had a serious brain injury. The doctors diagnosed K.B. with a subdural hematoma and severe cerebral edema. Although she was taken into ...