This opinion is subject to modification or correction bye the court and is not final until the time for rehearing or further review has passed.
Appeal from the Iowa District Court for Bremer County, Paul W. Riffel, Judge. A defendant appeals from the judgment and sentence entered after a jury verdict of guilty of arson in the second-degree and false reports to law enforcement.
Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, and Kasey E. Wadding, County Attorney, for appellee.
Considered by Tabor, P.J., and McDonald, J., and Goodhue, S.J.[*]
Mark Eugene Yungtum appeals from the judgment and sentence entered after a jury found him guilty of arson in the second-degree and false reports to law enforcement. Probation was denied, and the sentences were ordered to run concurrently. Yungtum asserts that the trial court erred in admitting a photograph allegedly depicting him, his son, and a dead deer with a red plastic gasoline container in the background. Because of the claimed error, Yungtum seeks a new trial.
I. Background Facts and Proceedings
At about 11:00 p.m. on the night of March 6, 2006, Yungtum's neighbors were awakened by two very loud bangs and immediately noticed that Yungtum's house was on fire. Yungtum was found lying in the driveway with a wire around his neck, a stab wound to his thigh, bruises on his ribcage, burns on his arm, and abrasions to his head. Yungtum related that he had been attacked by three masked intruders who had hit him on the back of his head with a board, drug him by the wire around his neck, otherwise physically assaulted him, and eventually set the house on fire. Yungtum was taken to a hospital emergency room where he was examined and treated. Law enforcement was called, and multiple pictures were taken of his injuries.
In interviews with law enforcement, Yungtum immediately blamed Mindy Riley for the attack. He related that one of the intruders made a statement indicating the attack was being made on Riley's behalf. Yungtum and Riley had a disagreement over financial matters that could have had an adverse effect on her because of prior and pending criminal charges. Law enforcement immediately investigated Riley and could find nothing to connect her to the alleged attack or fire.
Investigation into the site reflected that gasoline had been used as an accelerant. A red two-gallon plastic gas container was found on the main floor, and a red five-gallon plastic container was found in the upstairs hallway. Yungtum told the investigating officers that he only owned a red metal gas can.
Yungtum's financial records were mostly in his pickup the night of the fire. He explained to law enforcement he had placed them there earlier that evening, as he was going to see a lawyer the next day relative to his financial issues with Riley. He owned three guns--one was in his pickup and the other two were later discovered elsewhere. There were a number of plastic bins in Yungtum's detached garage that contained movies, albums, his father's military memorabilia, photographs, and et cetera. Youngtum's home had suffered a previous fire in 2005. There was evidence at least some of these items had been in the garage since the earlier fire.
As a result of the 2005 fire, the second floor of Yungtum's house remained unfinished. An accountant reviewed Yungtum's financial records and testified that he had received an insurance settlement and had taken out a new mortgage for the repair work after the 2005 fire. Even though the second floor of the house had not been finished, all of the funds had been exhausted. At the date of the 2006 fire, Yungtum owed approximately $70,000 on a house mortgage and $4000 on three credit cards--two of which were over the loan ...