Shell v. State

512 A.2d 358, 307 Md. 46, 1986 Md. LEXIS 267
CourtCourt of Appeals of Maryland
DecidedJuly 24, 1986
Docket17, September Term, 1985
StatusPublished
Cited by125 cases

This text of 512 A.2d 358 (Shell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shell v. State, 512 A.2d 358, 307 Md. 46, 1986 Md. LEXIS 267 (Md. 1986).

Opinions

ELDRIDGE, Judge.

This appeal concerns inconsistent verdicts in a nonjury criminal trial resulting in part from confusion in the law as to the relevance of voluntary intoxication to various criminal charges. James Robert Shell contends that he should [48]*48not have been convicted by the trial judge of use of a handgun in the commission of a felony or crime of violence after he had been acquitted by the judge, because of voluntary intoxication, of the underlying felony or crime of violence. He also maintáins that the finding of intoxication refuted the criminal states of mind which are elements of the crimes of wilfully and maliciously destroying the property of another and knowingly transporting a handgun.

I.

According to the evidence introduced at his trial, on the evening of February 14, 1983, Mr. Shell set in motion the events leading to this appeal, having earlier ingested P.C.P. and other drugs as well. At about 5:30 that evening Shell was in his van stuck in the snow near his home in the Aspen Hill section of Montgomery County. Gregory DaPron, a stranger to Shell, saw the van and approached on foot to offer help. Shell told him to stay away and pointed a handgun at him. Mr. DaPron started to run, but Shell fired at him through the windshield twice, injuring Mr. DaPron with both bullets. The police later found the handgun between the front seats of the van.

About half an hour after shooting Mr. DaPron, Shell went to the door of Ernest and Fleta Wombacher in Silver Spring. Mrs. Wombacher answered the door. Shell forced his way in, demanding to use a telephone. Mrs. Wombacher ran upstairs screaming for her husband, followed by Shell. When Shell repeated his demand for a telephone Mr. Wombacher handed him a cordless telephone. Shell said: “That’s no telephone; that’s a radio.” He snapped the antenna, dropped the telephone to the floor, and crushed it underfoot. According to Mrs. Wombacher,

“my husband said to him, ‘Why do you act like that, we’re Christian people and we don’t fight.’ He said, ‘I don’t believe it.’ And so my husband—he said, ‘If you show me a Bible I would believe it.’ So my husband showed him about three of them and showed him a certificate [49]*49framing on the wall where my husband was ordained in 1950.”

Shell “seemed to soften up a little bit” and pulled out his own Bible.

Thereafter the Wombachers were able to coax Shell downstairs, where he unsuccessfully attempted to use a wall phone in the kitchen, and then into their car for a ride to a nearby hospital. In the car the Wombachers kept up a disjointed conversation “on things that we thought would soften him up,” such as their respective faiths, “the confusions of the world,” and Shell’s mother in South Carolina.

At the hospital emergency desk Mrs. Wombacher spoke for Shell. The woman at the desk reached for her telephone. At this point, according to Mrs. Wombacher,

“when she reached for the phone, he seemed to have a terrible feeling about phones. He grabbed the phones and just tore them out of the wall. And then the security came.”

The hospital security guards restrained Shell and placed him in a strait jacket. A search for identification papers disclosed foil packets with traces of P.C.P. in Shell’s pocket.

Shell was indicted in the Circuit Court for Montgomery County on charges of attempted murder of Mr. DaPron in the first and second degrees, unlawful shooting of DaPron with intent to maim, use of a handgun in the commission of a crime of violence, knowingly transporting a handgun, breaking and entering the dwelling of another, assault upon Mrs. Wombacher, two counts of malicious destruction of property, and two counts of possession of controlled dangerous substances. The assault count was later nol prossed.

After a nonjury trial, at which the principal issue was the defendant’s state of mind, the trial court “declined to find [50]*50the Defendant not guilty by reason of insanity.” 1 The court acquitted Shell of attempted first degree murder, convicted him of the drug possession charges, and took the remaining charges under advisement.

The trial court disposed of the remaining charges in a written opinion and order filed on November 20, 1983. First, citing State v. Gover, 267 Md. 602, 298 A.2d 378 (1973), the court found that on February 14, 1983, Shell had become so intoxicated that he possessed no reason or understanding, and thus could not form the requisite mens rea for attempted murder in the second degree of Gregory DaPron. The trial judge stated:

“The testimony proffered by both the State and the defense indicates that the Defendant was suffering from a mental incapacity and psychosis and that his drug intoxication prevented him from understanding the criminality of his conduct. The State’s psychiatrist further testified that Mr. Shell’s psychosis was similar to that of a paranoid schizophrenic as far as the symptoms were concerned; ... but that his condition was not a fixed or permanent psychosis.”

Accordingly, the judge ruled that Shell lacked the intent required for a conviction of attempted murder in the second degree.

Next, addressing the charge of unlawful shooting with intent to maim, the trial court held that voluntary intoxication could negate the element of intent to maim. The court, however, pointing out that simple assault was a lesser included offense of shooting with intent to maim, and holding that voluntary intoxication was not relevant to the elements of simple assault, convicted the defendant of as[51]*51saulting Mr. DaPron. In this Court, Shell does not contest the assault conviction.2

Turning to the handgun charges, the trial judge decided that she could convict Shell of use of a handgun in the commission of a felony or a crime of violence, even though she had acquitted him of the predicate felony or crime of violence. She found that Shell was guilty of using a handgun in the commission of a felony against Mr. DaPron, despite the fact that Shell was not guilty of the felony because of his intoxication. The judge was of the view that the offense of use of a handgun in a felony or crime of violence lacked elements which could be negated by voluntary intoxication. The trial judge also found the defendant guilty of knowingly transporting a handgun, ruling that voluntary intoxication cannot negate any elements of that offense.

Finally, the trial judge determined that voluntary intoxication was immaterial to the elements of breaking and entering the dwelling house of another and willfully and maliciously destroying the property of another. The defendant accepts his breaking and entering conviction but contests the destruction of property convictions on the ground that his voluntary intoxication negated the elements signified by the words “wilfully and maliciously.”

The Court of Special Appeals, in an unreported opinion, affirmed. We granted the defendant’s petition for a writ of [52]

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Bluebook (online)
512 A.2d 358, 307 Md. 46, 1986 Md. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shell-v-state-md-1986.