PAGE, Justice.
Following a jury trial in St. Louis County District Court, respondent Paul Joseph Welle was found guilty of: (1) unintentional second-degree murder, in violation of Minn.Stat. § 609.19, subd. 2(1) (2014); and (2) first-degree manslaughter, in violation of Minn.Stat. § 609.20(2) (2014), in connection with the death of 60-year-old Dale Anderson. The trial court convicted Welle of unintentional second-degree felony murder and sentenced him to an executed term of 18 years in prison. On appeal, the court of appeals concluded that the trial court committed reversible error by improperly admitting evidence of other crimes. We reverse and remand to the court of appeals for consideration of Welle's remaining arguments.
After fleeing the scene, Welle called his wife, G.W., and asked her to pick him up, which she did. At some point, Welle told G.W. about the incident with Anderson, explaining that Anderson hit him first and that he punched Anderson in self-defense. G.W. told Welle to call the police and explain that he was defending himself when he hit Anderson. Welle eventually called 911 and indicated that he had been involved in an altercation outside the Powerhouse Bar in which he hit a man in self-defense. Later that night, the police met with Welle and G.W. to discuss the incident. During this meeting, Welle told the police that he and M.W. were talking to L.B., E.H., and K.H. when Anderson told him: "You better stop it right now or I'm going to take you outside and destroy you." Welle further claimed that he responded by saying: "Show me the way." Welle told the police that, once outside, Anderson hit him once in the face and that he hit Anderson back in self-defense, which caused Anderson to fall backwards. G.W. corroborated Welle's story. G.W. told the police that, as she was pulling up to the bar to pick up Welle, she saw Anderson hit him, and that Welle hit him back. Welle, who did not have any noticeable injuries, received a ticket for misdemeanor assault and was informed that the charges could be upgraded depending on Anderson's medical condition. The next day, G.W. called the police and told them that she had lied about what she had seen the night before. G.W. explained that she was not present when the altercation took place between Anderson and Welle, and that Welle had told her to lie for him.
Welle was interviewed on November 8, 2011, by agents from the Bureau of Criminal Apprehension (BCA). During this interview, Welle added new details about what had occurred leading up to the altercation with Anderson. According to Welle, before they went outside, Anderson told him that Anderson was "a Vietnam Vet" who had killed people. Welle then explained that when they went outside, Anderson stepped on his foot and hit him once in the left shoulder and once in the ribs. Welle responded, hitting Anderson once, which caused Anderson to fall to the ground. Welle claimed that his wife was there at the time and that he left with her after the fight because he was drunk and wanted to leave. He also indicated that his foot had been injured during the altercation and claimed that he had seen a doctor for the injury. The agents spoke with Welle's wife, who again indicated that
Anderson died from his injuries on November 9, 2011. The State subsequently charged Welle with unintentional second-degree felony murder, with the predicate felony being first-degree assault, and first-degree manslaughter, causing death while committing fifth-degree assault. Before Welle's trial, the State notified the defense of its intent to offer evidence of three previous assaults and two incidents of domestic assault committed by Welle. The defense opposed the State's notice, and provided notice of its intent to raise a self-defense claim. After a hearing on the motion, the trial court granted the State's motion as to the three assaults, but denied the motion as to the two domestic assaults. The court explained that evidence of the three assaults was admissible to "determin[e] [Welle's] intent" and to respond to Welle's self-defense claim by showing "a modus operandi from prior behavior."
At trial, Welle testified in his own defense. He claimed that, while at the Powerhouse Bar, he danced with one of the three young women whom he had met earlier at the bar. Afterward, Anderson approached him and told him to "leave them girls alone. I'm their father" and "I'm a Vietnam Vet. I kill people." According to Welle, Anderson then grabbed his arm and said he would "destroy" him. Welle testified that he then followed Anderson outside to "make peace." Once outside, Anderson stepped on Welle's right foot and hit him twice, once in the shoulder and once in the rib. Welle threw one punch and knocked Anderson down. Welle also testified that his wife was not present during the altercation, explaining: "I told her to basically lie for me."
As noted, the court allowed the State to admit evidence of three previous assaults that involved Welle. The first incident occurred in 2001 and involved Welle and M.H., a coworker at a restaurant where Welle worked. One night, Welle called M.H. at work and commented that M.H.'s girlfriend was flirting with another individual. In response, M.H. hung up the phone. Welle called back, the two exchanged words, and Welle said that he would be waiting when M.H. got off work. Welle met M.H. outside the restaurant and punched him, causing M.H.'s tooth to go through M.H.'s lip. During the police investigation of this incident, Welle, who had no visible signs of injury, claimed that M.H. pushed him first and that he hit M.H. in self-defense. Welle was criminally charged and ultimately pled guilty to disorderly conduct.
The second incident occurred in 2003 and involved A.R., Welle's neighbor. As A.R. and Welle were in the living room at Welle's residence, an argument ensued, and Welle shoved A.R. against the couch. A.R. grabbed an empty beer bottle and Welle grabbed a kitchen knife. After a tussle in the living room, Welle punched A.R. in the face. Following the altercation, Welle claimed that he had acted in self-defense because A.R. had threatened to kill Welle's family and hit him with the beer bottle. According to the detective assigned to the case, Welle showed no visible signs of injury. Welle eventually pled guilty to gross misdemeanor assault.
The third incident took place in 2002 and involved D.L., a mechanic who was living in Welle's mother's home. One evening, Welle asked D.L. to change the oil in his car. After D.L. refused, Welle punched him, breaking D.L.'s eye-socket. Welle initially denied assaulting D.L., but later admitted that he punched D.L. because D.L. had made a disparaging remark. Welle did not claim self-defense in this instance and pled guilty to third-degree assault.
The issue before us is whether Welle's pattern of asserting self-defense after being the aggressor in an altercation is relevant for purposes of disproving the elements of self-defense. The State sought to introduce evidence, through the admission of evidence of Welle's prior bad acts, that Welle has a pattern of shifting blame and falsely asserting self-defense after being the aggressor in an altercation. We have referred to this type of evidence as Spreigl evidence,
Id.
We first address the issue of whether the evidence of other crimes, wrongs, or acts introduced by the State was relevant. As the court of appeals noted, the State offered the evidence of other crimes, wrongs, or acts not to establish that Welle struck Anderson, but to establish a modus operandi and to counter Welle's self-defense claim. The court of appeals then emphasized that after the defense had met its initial burden of producing evidence to support Welle's self-defense claim, the burden shifted to the State to disprove the elements of self-defense beyond a reasonable doubt. After listing the elements of self-defense — (1) the absence of aggression or provocation on the part of the defendant; (2) the defendant's actual and honest belief of danger of death or great bodily harm; (3) reasonable grounds for that belief; and (4) the absence of a reasonable possibility of retreat — the court of appeals summarily concluded that the "proffered Spreigl evidence was not relevant to the issue of self-defense." Welle, 847 N.W.2d at 59. We disagree.
In State v. Robinson, we concluded that evidence of other crimes, wrongs, or acts offered to establish a modus operandi of asserting self-defense was relevant. 427 N.W.2d 217, 227 (Minn.1988). In Robinson, the defendant stabbed the victim, but claimed that he did so in self-defense. Id. at 221-22. At Robinson's trial, the trial court permitted the State to offer evidence
The remaining issue is whether the trial court committed reversible error when it admitted the previous incidents of assault. That is to say, was the Spreigl evidence admitted for any proper purpose and was its probative value outweighed by its potential for unfair prejudice? See Minn. R. Evid. 404(b). We review a trial court's decision to admit evidence of other crimes, wrongs, or acts for an abuse of discretion. State v. Blom, 682 N.W.2d 578, 611 (Minn.2004) (citing State v. Kennedy, 585 N.W.2d 385, 389 (Minn.1998)).
Here, the trial court determined that the previous incidents were "markedly similar" to the charged offense such that they established a common scheme or plan. "[I]n determining whether a bad act is admissible under the common scheme or plan exception, it must have a marked similarity in modus operandi to the charged offense." State v. Ness, 707 N.W.2d 676, 688 (Minn.2006). The State contends that the three previous assaults were "markedly similar" to the charged offense in this case. The State particularly relies on the trial court's finding, which explained:
Welle responds that the trial court abused its discretion because the evidence was "not markedly similar to the charged offense and, therefore, not relevant and material as common-scheme-or-plan evidence."
We begin by examining the 2001 incident in which Welle punched M.H. outside
Nevertheless, even if relevant, the probative value of other crimes, wrongs, or acts evidence must not be outweighed by its potential for unfair prejudice. State v. Clark, 738 N.W.2d 316, 347 (Minn.2007). We have said that "prejudice" "does not mean the damage to the opponent's case that results from the legitimate probative force of the evidence; rather, it refers to the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means." State v. Cermak, 365 N.W.2d 243, 247 n. 2 (Minn.1985) (citation omitted) (internal quotation marks omitted). Welle argues that the probative value of the evidence relating to the 2001 incident was outweighed by its potential for unfair prejudice because the evidence showed a general propensity or disposition to commit the type of crime involved. We disagree. The trial court appears to have carefully weighed the potential for unfair prejudice against the probative value of the evidence. Moreover, at every juncture before evidence of the 2001 incident was admitted and during the final jury instructions, the trial court instructed the jury on how to treat the evidence. We presume that the jury followed these cautionary instructions. See State v. James, 520 N.W.2d 399, 405 (Minn.1994). Thus, we conclude that the trial court did not abuse its discretion in admitting evidence of the 2001 incident.
We next consider the 2003 incident involving Welle and A.R., Welle's neighbor. For the same reasons discussed above, we conclude that Welle's conduct in the 2003 incident is markedly similar to the charged offense. Here, both incidents involved: (1) Welle punching the individual's head; (2) acts that were preceded by some verbal disagreement; (3) a disagreement of minor significance; (4) Welle claiming that he acted in self-defense; and (5) Welle showing no visible signs of injury from the altercation. Similarly, we conclude that the probative value of the evidence is not outweighed by its potential for unfair prejudice. Therefore, we also conclude that the trial court did not abuse its discretion in admitting this evidence.
Finally, we consider the 2002 incident between Welle and D.L., the mechanic who was living in Welle's mother's home. Here, unlike the 2001 and 2003 incidents, the 2002 incident did not involve Welle asserting a self-defense claim. Absent the assertion of a self-defense claim by Welle, we fail to see how the 2002 incident is relevant to Welle's assertion of self-defense in this case. Thus, we conclude that the admission of evidence of the 2002 incident was erroneous.
We will nonetheless affirm the trial court unless Welle can establish that he was prejudiced by the erroneous admission of the evidence. See State v. Bolte, 530 N.W.2d 191, 198 (Minn.1995). "[O]ur role is to examine the entire trial record and determine whether there is a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict...." Id. (citation omitted) (internal quotation marks omitted). Several factors support a conclusion that, in this case, there was no reasonable possibility that the admission of evidence relating to the
For the foregoing reasons, we reverse and remand to the court of appeals for consideration of Welle's remaining arguments.
Reversed and remanded.