State v. Galicia

45 A.3d 310, 210 N.J. 364, 2012 WL 2285169, 2012 N.J. LEXIS 676
CourtSupreme Court of New Jersey
DecidedJune 19, 2012
StatusPublished
Cited by182 cases

This text of 45 A.3d 310 (State v. Galicia) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Galicia, 45 A.3d 310, 210 N.J. 364, 2012 WL 2285169, 2012 N.J. LEXIS 676 (N.J. 2012).

Opinions

Justice PATTERSON

delivered the opinion of the Court.

On May 2, 2004, an argument on a Newark street escalated into an altercation that caused the death of a young man. Julio Colon, a Vineland resident who had recently moved to Newark, was approached by two men with whom he had previously been [368]*368romantically involved, Hector Cordero and defendant Reynaldo Galicia. Cordero and defendant had traveled from Vineland to Newark to confront Colon about a sport utility vehicle (SUV) that he had borrowed but failed to return. Cordero implored Colon to renew their relationship, and Cordero and defendant both begged Colon to return to Vineland with them.

Their quarrel swiftly turned violent. The three men battled over the keys to the SUV, and Colon exchanged punches and kicks with Cordero and defendant. With Cordero in the passenger seat, defendant twice drove his car toward Colon, prompting Colon to climb on the hood of the car and bang his fists on the window. As Colon clung to the car, defendant accelerated and drove several blocks, running a stop sign. Defendant abruptly stopped the ear, and Colon fell from the hood to the pavement. He sustained severe head injuries and died a week later.

Tried separately from Cordero, defendant was convicted by a jury of aggravated manslaughter, second-degree aggravated assault, disorderly persons theft and weapons charges. His conviction and sentence were affirmed by the Appellate Division. This Court granted defendant’s petition for certification.

This appeal requires us to consider the “passion/provocation” statute, N.J.S.A. 2C:ll-4(b)(2). The statute reduces what would otherwise be murder to voluntary manslaughter when “[a] homicide which would otherwise be murder under section 2C:ll-3 is committed in the heat of passion resulting from a reasonable provocation.” N.J.S.A. 2C:ll-4(b)(2). We decline defendant’s invitation to reconsider our holding in State v. Grunow, 102 N.J. 133, 506 A.2d 708 (1986). There, we rejected the defendant’s contention that the Legislature intended N.J.S.A. 2C:ll-4(b)(2) to mitigate aggravated manslaughter to voluntary manslaughter. We further reject defendant’s argument that N.J.S.A 2C:11-4(b)(2) is unconstitutional insofar as it may mitigate murder, other than felony murder, but not manslaughter. The Legislature did not violate equal protection principles when it enacted N.J.S.A. 2C:ll-4(b)(2), which authorizes passion/provocation to affect only [369]*369one form of criminal homicide—murder committed in violation of N.J.S.A. 2C:ll-3. We affirm the Appellate Division’s determination on those issues.

We hold that the facts of this case, as developed in the trial record, do not support a passion/provocation finding under N.J.S.A. 2C:ll-4(b)(2). When defendant drove his vehicle directly at Colon—forcing the victim to cling to the windshield wiper—and then jarred him from the hood to the pavement with abrupt braking and acceleration, he was not in a fury provoked by emotion or a violent attack. Instead, in the words of his counsel, he was “nervous, panicked and confused.” No argument of counsel or testimony of trial witnesses suggested that defendant acted in the heat of passion resulting from a reasonable provocation when the victim sustained his fatal injury. Although the prosecution requested, and the court gave, a jury charge regarding the statute, it was recognized by both the prosecution and the defense to be inapplicable in the factual setting of this case.

We further hold that the verdict sheet incorrectly guided the jury in its consideration of the passion/provocation issue, and reverse that portion of the Appellate Division’s decision that deemed the verdict sheet not to constitute error. Notwithstanding the trial court’s correct instruction to the jury that it could not find defendant guilty of murder unless it concluded that passion/provoeation did not apply, the verdict sheet improperly directed the jury not to consider the issue of passion/provocation unless it had already reached a guilty verdict on the murder charge. We remind trial judges of the importance of ensuring that verdict sheets are consistent with the jury charges and the legal standard. However, given the absence of an evidentiary foundation for an application of N.J.S.A. 2C:11-4(b)(2), the trial court’s error was harmless.

Finally, we affirm the Appellate Division’s decision rejecting defendant’s belated invocation of the use of force in self-defense as a defense to the charges against him. Behind the wheel and in control of a locked car, defendant faced no imminent threat from [370]*370Colon, who was attempting to cling to a moving vehicle as he banged on the windshield. The trial court’s omission of self-defense from the jury charge did not give rise to plain error, and we accordingly affirm the decision of the Appellate Division with respect to this issue.

I.

The incident at the center of this case occurred in the setting of a series of romantic relationships. Colon and Cordero lived together for a substantial period until December 2002, when they separated. Cordero persistently sought a reconciliation, but after meeting defendant through the internet, Colon moved in with him in Vineland in about February 2004. Colon also initiated an online friendship with Irwin Castro, who lived with his roommate Edward James in an apartment in Newark. Colon visited Castro during the weeks preceding his death. Castro and James agreed that Colon could stay with them in Newark while he sought employment in New York City, and it was agreed that he would move in with them over the last weekend in April 2004.

On Friday, April 30, 2004, Colon borrowed a Chevrolet Suburban SUV belonging to his former employer, Kenneth Sheppard, assuring Sheppard that he needed the SUV to move personal belongings and would shortly return it. The next day, advising defendant that he was leaving to get a haircut and visit his mother, Colon drove to Newark. Defendant, unable to reach Colon despite repeated attempts, called Cordero on the evening of May 1, 2004, notwithstanding the fact that they had never met, and the two spent the evening and part of the next day discussing the situation. On Sunday, May 2, 2004, defendant and Cordero approached Colon’s former employer, Sheppard, and learned that Colon had borrowed Sheppard's SUV and had failed to return it. They offered to drive to Newark and retrieve the SUV. Sheppard agreed, but did not direct them to take the SUV by force.

Defendant and Cordero drove to Newark in defendant’s Acura, and knocked on the door of the apartment shared by James and [371]*371Castro, where they knew Colon would be staying. Told by James that they had located the wrong apartment, defendant and Corde-ro called Colon’s name from the street. In an attempt to avoid disturbing the neighbors, James went outside and spoke with defendant and Cordero, who told him that they were in Newark to collect Sheppard’s SUV, which was considered stolen. Attempting to defuse the situation, James instructed Colon to contact the SUV’s owner and reassure him that the SUV would be returned. Colon complied.

Undeterred, defendant and Cordero located the borrowed SUV, parked and unlocked on East Delavan Avenue around the corner from the apartment of James and Castro. They entered the SUV, took items belonging to Colon, and brought them to defendant’s car.

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Cite This Page — Counsel Stack

Bluebook (online)
45 A.3d 310, 210 N.J. 364, 2012 WL 2285169, 2012 N.J. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-galicia-nj-2012.