State v. Darrow

944 A.2d 984, 107 Conn. App. 144, 2008 Conn. App. LEXIS 152
CourtConnecticut Appellate Court
DecidedApril 22, 2008
DocketAC 28864
StatusPublished
Cited by2 cases

This text of 944 A.2d 984 (State v. Darrow) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Darrow, 944 A.2d 984, 107 Conn. App. 144, 2008 Conn. App. LEXIS 152 (Colo. Ct. App. 2008).

Opinion

Opinion

ROBINSON, J.

The defendant, James R. Darrow, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes [145]*145§ 53a-54a.1 On appeal, the defendant claims that the trial court improperly declined to instruct the jury on self-defense, defense of premises and defense of property. We agree that the defendant was entitled to a self-defense instruction and, therefore, reverse the judgment of the trial court.2

On the basis of the evidence presented at trial, the jury reasonably could have found the following facts. In the mid-1990s, the defendant was involved in a romantic relationship with Sharon Benoit, a married woman. After Benoit ended her relationship with the defendant in March, 1997, he had a meeting with her husband, Donald Benoit. During that meeting, the defendant told Donald Benoit that Sharon Benoit had been planning to have Donald Benoit murdered. Donald Benoit reported this information to the police. During his investigation into Donald Benoit’s complaint, Joseph Russo of the Norwich police department learned that the defendant admitted to Sharon Benoit that he had killed John Avery in the 1980s. Shortly thereafter, Russo alerted state police Detective Steven Rief of the possible murder.

Relying on Russo’s information, Rief and his partner, Richard Bedard, interviewed the defendant’s sister, Lynn Darrow (Darrow), and his cousin, Bruce Richard. Details of the victim’s life emerged, but little was [146]*146revealed of his final moments. In the summer of 1984, Darrow first met the victim, Avery, on a dairy farm where they both worked. Darrow and the victim had a romantic relationship, and the victim moved in with the Darrow family in October, 1984. Because they were having “relationship problems and [the victim] was drinking and using drugs,” Darrow asked the victim to move out of her family’s house in April, 1985. One week later, Darrow discovered that she was pregnant with the victim’s child. In May, 1985, the victim told Darrow he was leaving but would be back before the baby was bom. Darrow never saw the victim again. In 1996, Darrow learned from Richard that on an autumn day long ago, the defendant told Richard that he had killed the victim and buried the body in Peck Hollow in Franklin. Neither Darrow nor Richard believed that the defendant had killed the victim because he was known for telling stories. Darrow and Richard never reported the information to the police prior to their interviews with Rief and Bedard.

Rief and Bedard then interviewed the defendant and obtained at least three confessions. The defendant was arrested. After a search, police investigators found the victim’s remains in Peck Hollow. In a postmortem report, the medical examiner determined the cause of death to be blunt traumatic head injury. The jury found the defendant guilty of murder, and the court sentenced him to forty years incarceration. This appeal followed.

On appeal, the defendant claims that the court improperly denied his request to instruct the jury on the defense of self-defense.3 He argues that there was sufficient evidence presented at trial to warrant a self-defense instruction, and, therefore, he was entitled, as a matter of law, to have the jury informed of the availability and the elements of self-defense. We agree with the defendant.

[147]*147“It is trae that [i]f the defendant asserts a recognized legal defense and the evidence indicates the availability of that defense, such a charge is obligatory and the defendant is entitled, as a matter of law, to a theory of defense instruction.” (Internal quotation marks omitted.) State v. Cruz, 75 Conn. App. 500, 510, 816 A.2d 683 (2003), aff'd, 269 Conn. 97, 848 A.2d 445 (2004). Self-defense is a recognized legal defense. See General Statutes (Rev. to 1985) § 53a-19.4 A defendant is entitled to a proper instruction on self-defense for which there is foundation in evidence, no matter how weak or incredible. State v. Harris, 46 Conn. App. 216, 236, 700 A.2d 1161, cert. denied, 243 Conn. 930, 701 A.2d 662 (1997). A defendant’s initial burden is slight, for he has no burden of persuasion; he merely has to introduce [148]*148sufficient evidence to warrant presenting his claim, of self-defense to the jury. State v. Ramos, 271 Conn. 785, 800, 860 A.2d 249 (2004); State v. Singleton, 97 Conn. App. 679, 691, 905 A.2d 725, cert. granted on other grounds, 280 Conn. 949, 912 A.2d 484 (2006). Thus, “[a] court should view the evidence most favorably to the defendant and should give the charge if the evidence is sufficient, if credited by the jury, to raise a reasonable doubt in the mind of a rational juror as to whether the defendant acted in self-defense.” State v. Terwilliger, 105 Conn. App. 219, 224 n.5, 937 A.2d 735, cert. granted on other grounds, 286 Conn. 902, 943 A. 2d 1103 (2008).

The following additional facts are necessary to our resolution of the issue. The defendant provided three versions of the murder, set forth in two written confessions and one oral confession.5 In his first written confession, the defendant stated that he came home from ice fishing in February or March, 1985 or 1986, to find the victim stealing two guns and some money. The defendant “was very pissed off because [the victim] had broken into the house.” The victim was “headed out” the door when the defendant “caught” him. The defendant pushed the victim into the ground, smashing his head against the cement floor, resulting in “a pretty good crease” in the victim’s head. The defendant then grabbed both of the victim’s arms and pulled them back until they “popped.” He then bound and gagged the victim. After the defendant cleaned the victim’s blood from the floor, he put the victim in his truck. At this point, the victim was “busted up” and “didn’t have a chance.” The defendant then drove the victim to a nearby gasoline station, from which he called a drug dealer known as “Purple.” Purple told the defendant that his “boss Thomas” would meet the defendant at another gasoline station. The defendant then drove his truck and parked it in a cornfield. Here, he told the [149]*149victim that he was “giving him up to Thomas.”6 The victim, conscious at this point, pleaded with the defendant to not “give him up.” As arranged, the defendant gave the victim to Thomas to settle his drug debt, and he never saw or heard from the victim again.

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Related

State v. Anderson
201 Conn. App. 21 (Connecticut Appellate Court, 2020)
State v. Bryan
12 A.3d 1025 (Connecticut Appellate Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
944 A.2d 984, 107 Conn. App. 144, 2008 Conn. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-darrow-connappct-2008.