State v. Zuidema

Rule of Law:

The defense of justification by necessity is unavailable when the emergency situation was occasioned or developed through the defendant's own fault, or when the defendant had one or more legal alternatives to the criminal conduct to abate the danger.

Facts:

• On or about January 12, 2016, Ashley Zuidema, who did not possess a valid driver's license, gave a friend a ride home to Stanberry, Missouri, and planned to spend the night.
• After an argument between her friend and the friend's husband, Zuidema decided to leave and drive to her home in Savannah, Missouri, despite her car having difficulty starting.
• Zuidema stopped for gas, where her car again had trouble starting; though she spoke with her mother on her mobile phone, she decided not to request help and chose to take a less-traveled 'scenic route' home to avoid police due to her invalid license.
• On the rural route, Zuidema lost her cellular phone signal, and her car began to malfunction severely, so she pulled into the driveway of a house where she saw a light on because it was 'freezing cold outside.'
• Zuidema knocked on the door of the house, but nobody was home, so she entered the house, which belonged to Martin and Jennifer Johnson, who were away on vacation.
• Inside, Zuidema attempted to call a number on the home phone, briefly communicated with her fiancé on her cell phone (without asking him to find or pick her up), plugged in her cell phone to charge, put on pajama bottoms she found, placed her own pants in the wash, made warm tea, and began drawing a bath.
• Around 6:45 a.m., Connor Johnson, the Johnsons' nephew, arrived at the house, saw Zuidema's unfamiliar car, and then saw her head pop out of the door, prompting him to call his parents.
• Connor's parents, Maurissa and Darren Johnson, arrived at the house, where they encountered Zuidema, and police arrived shortly thereafter, taking Zuidema into custody.

Procedural Posture:

• Ashley Zuidema was charged in the Circuit Court of Nodaway County, Missouri (trial court) with one count of second-degree burglary (knowingly entering for stealing), an alternative count of second-degree burglary (knowingly remaining unlawfully for stealing), and one count of stealing.
• At the jury instruction conference following the close of all evidence, defense counsel submitted instructions for the defense of justification by emergency or necessity, which the trial court refused to give.
• The jury acquitted Zuidema of the first burglary count and the stealing count, but found her guilty of the alternative count of second-degree burglary for knowingly remaining unlawfully in an inhabitable structure for the purpose of committing stealing.
• The trial court sentenced Zuidema to three years of imprisonment, suspended the execution of her sentence, and placed her on probation for five years.
• Zuidema filed a motion for judgment of acquittal or for a new trial, arguing that the trial court erred in refusing the necessity instruction, which the trial court denied.
• Zuidema timely appealed her judgment of conviction to the Missouri Court of Appeals, Western District.