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State v. Dixon6/3/2005
gument. First, he states that there is no evidence that he left anything in Alicia's apartment that ignited gas from the stove. Second, he suggests that an extinguished pilot light on the stove or an open burner or two may have been the source of the gas leak. Third, he states that there was scientific evidence that the stove was upright rather than on its side at the time of the explosion. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Beach, 275 Kan. 603, Syl. 2, 67 P.3d 121 (2003).
After reviewing all the evidence, viewed in the light most favorable to the prosecution, we determine the State showed by the process of elimination and by the appearance of the debris field that it was a natural gas explosion and by the testimony of Griffin that Dixon overturned the stove, which, it may reasonably be inferred, damaged the gas supply pipe allowing escaping gas to create an extremely volatile condition where the proportion of natural gas to air required only a spark for combustion. Agent Lobdell determined that the fuel-air explosion and the fire originated in Alicia's apartment. He concluded that it was Dixon's fracturing of the pipe that caused the gas leak after ruling out other possible explanations: If Alicia had left her stove with an extinguished pilot light or a leaking burner, gas would have been apparent in the kitchen during the first burglary. Hall did not smell gas during the first burglary. Lobdell ruled out sources other than the stove pipe for the escaped gas, including the hot water heater, furnace, and other appliances. Tests for liquid accelerants were negative except for one insignificant sample from the debris in the basement, which probably was a can or bottle of some commercial product containing petroleum distillates. By the condition of remaining furniture, he determined that the point of ignition was not in the basement. Then Lobdell determined from the gas meter to Alicia's apartment that approximately 1,000 cubic feet more natural gas flowed into her apartment during July than to any of the other apartments.
The State was unable to show what actually touched off the explosion. Lobdell testified that there was no scientific way to determine what ignited the explosion and that it commonly was not possible to do so "because what caused the ignition was destroyed in the resulting fire." But it was not essential for the State to show that Dixon ignited the gas because the State did show that Dixon's actions caused gas to be present in explosive quantities. From the absence of a person's death or injury in Alicia's apartment, the jury could have reasonably inferred that the gas was not ignited by human action but rather from a spark from some nonhuman source. Viewing all the evidence in the light most favorable to the prosecution, as we must, and keeping in mind that a conviction of even the gravest offense may be sustained by circumstantial evidence, State v. Davis, 275 Kan. 107, 118, 61 P.3d 701 (2003), we conclude that the evidence in this case sufficiently established Dixon's criminal responsibility for the explosion and fire.
13. DID CUMULATIVE ERRORS DEPRIVE DIXON OF A FAIR TRIAL?
As we have previously found reversible error, we do not reach this cumulative error issue.
Affirmed in part, reversed in part, and remanded for a new trial.
NUSS, LUCKERT, and GERNON, JJ., not participating.
J. PATRICK BRAZIL, S.J., assigned.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Kansas Personal Injury Attorneys
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