State v. Hallowell

766 A.2d 950, 61 Conn. App. 463, 2001 Conn. App. LEXIS 31
CourtConnecticut Appellate Court
DecidedJanuary 23, 2001
DocketAC 20074
StatusPublished
Cited by8 cases

This text of 766 A.2d 950 (State v. Hallowell) 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. Hallowell, 766 A.2d 950, 61 Conn. App. 463, 2001 Conn. App. LEXIS 31 (Colo. Ct. App. 2001).

Opinion

Opinion

LAVERY, C. J.

The defendant, Daniel Hallowell, appeals from the judgment of conviction, rendered after a jury trial, of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (3).1 The defendant claims that the court improperly denied his motion for judgment of acquittal because (1) there was insufficient evidence to sustain the conviction of manslaughter in the first degree and (2) the state failed to disprove beyond a reasonable doubt that he was acting in self-defense. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On June 26, 1994, at approximately 10:30 p.m., the defendant, age fifteen, his brother and two friends left the defendant’s house in his mother’s car and went to a gasoline station in Colchester. While the defendant and his friends were at the gasoline station, three vehicles carrying eight individuals entered the gasoline station. A verbal exchange took place between the defendant and his friends and the men from the other three vehicles.

[465]*465During the exchange between the two groups, the vehicle containing the defendant, his brother and their friends exited the gasoline station at a high rate of speed. The other three vehicles followed the defendant’s vehicle out of the parking lot. A car chase ensued, during which one of the three vehicles following the defendant stopped its pursuit. The chase continued for several miles and ended when the defendant pulled into his driveway.

After the defendant’s vehicle turned into the driveway, the two vehicles that had been behind it during the chase continued down to a point a short distance past the defendant’s house. The vehicles then turned around and proceeded back toward the defendant’s house. The vehicle carrying the victim, Michael Tom-masi, was behind the other vehicle as the two cars drove past the house.

While the two vehicles were turning around after the chase, the defendant’s vehicle proceeded up the driveway of his house and stopped. The defendant exited the vehicle, entered his house and obtained a loaded shotgun. He then walked outside and down to the end of the driveway with the gun in his hand.

As the two vehicles that were involved in the chase slowly drove past the defendant’s driveway, the defendant fired the shotgun twice from the edge of his driveway. The driver of the second vehicle heard an explosion and someone scream that the victim, who was sitting in the rear seat of the car, was shot and had been killed. The two vehicles, one of which contained the victim, then drove directly to the state police barracks in Colchester. The victim died from shotgun pellet wounds to the head and neck.

The defendant was charged with and prosecuted for the crime of murder in violation of General Statutes § 53a-54a (a). The jury found the defendant not guilty [466]*466of the original charge of murder but guilty of one count of the lesser included offense of manslaughter in the first degree in violation of § 53a-55 (a) (3). This appeal followed. Additional facts will be provided as necessary.

I

The defendant first claims that the court acted improperly in denying his motion for judgment of acquittal because there was insufficient evidence to sustain the conviction of manslaughter in the first degree. Specifically, the defendant asserts that the evidence adduced at trial was insufficient for the jury to find beyond a reasonable doubt that he acted under circumstances evincing an extreme indifference to human life.

Our standard of review for a sufficiency of the evidence claim is well defined. Our Supreme Court has stated: “In reviewing [a] sufficiency [of the evidence] claim, we apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Sivri, 231 Conn. 115, 126, 646 A.2d 169 (1994), quoting State v. Greenfield, 228 Conn. 62, 76, 634 A.2d 879 (1993).

“The evidence must be construed in a light most favorable to sustaining the jury’s verdict. ... It is within the province of the jury to draw reasonable and logical inferences from the facts proven. . . . The jury may draw reasonable inferences based on other inferences drawn from the evidence presented. . . . Our review is a fact based inquiry limited to determining whether the inferences drawn by the jury are so unrea[467]*467sonable as to be unjustifiable.” (Citations omitted; internal quotation marks omitted.) State v. Ingram, 43 Conn. App. 801, 809, 687 A.2d 1279 (1996), cert. denied, 240 Conn. 908, 689 A.2d 472 (1997), quoting State v. Ford, 230 Conn. 686, 692, 646 A.2d 147 (1994). “[T]he inquiiy into whether the record evidence would support a finding of guilt beyond a reasonable doubt does not require a court to ask itself whether it believes that the evidence . . . established guilt beyond a reasonable doubt. . . . Instead, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Citation omitted; internal quotation marks omitted.) State v. Boykin, 27 Conn. App. 558, 563-64, 609 A.2d 242, cert. denied, 223 Conn. 905, 610 A.2d 179 (1992).

The defendant was convicted of manslaughter in the first degree. To obtain a conviction for manslaughter in the first degree, the state must prove beyond a reasonable doubt that the defendant, “under circumstances evincing an extreme indifference to human life . . . recklessly engages in conduct which creates a grave risk of death to another, and thereby causes the death of another person.” General Statutes § 53a-55 (a) (3). The state also must prove that the defendant had the “general intent to engage in conduct that created a grave risk of death to another person under circumstances evincing extreme indifference to human life.” State v. Best, 56 Conn. App. 742, 754, 745 A.2d 223, cert. denied, 253 Conn. 902, 753 A.2d 937 (2000). A specific intent to kill or injure is not required. State v. Shine, 193 Conn. 632, 640, 479 A.2d 218 (1984).

The defendant argues on appeal that there was insufficient evidence to conclude that he acted with extreme indifference to human life at the time of the shooting. [468]*468“No definition of ‘extreme indifference to human life’ is found in the penal code, title 53a of the General Statutes . . . .” State v. Pitt, 28 Conn. App. 825, 830, 612 A.2d 60, cert. denied, 224 Conn. 907, 615 A.2d 1049 (1992).

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Cite This Page — Counsel Stack

Bluebook (online)
766 A.2d 950, 61 Conn. App. 463, 2001 Conn. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hallowell-connappct-2001.