State v. James

734 A.2d 1012, 54 Conn. App. 26, 1999 Conn. App. LEXIS 261
CourtConnecticut Appellate Court
DecidedJune 29, 1999
DocketAC 17248
StatusPublished
Cited by13 cases

This text of 734 A.2d 1012 (State v. James) 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. James, 734 A.2d 1012, 54 Conn. App. 26, 1999 Conn. App. LEXIS 261 (Colo. Ct. App. 1999).

Opinion

Opinion

FOTI, J.

The defendant, William James, 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) (l),1 use of a firearm in the commission of a class A, B or C felony in violation of General [28]*28Statutes § 53-202k2 and criminal possession of a weapon in violation of General Statutes § 53a-217.3 On appeal, the defendant claims that the evidence was insufficient to support his conviction for manslaughter in the first degree. In addition, he claims that the trial court improperly (1) instructed the jury on the duty to retreat, (2) admitted prior misconduct evidence and (3) allowed separate convictions to stand for manslaughter under § 53a-55 (a) (1) and the commission of a class B felony with a firearm under § 53-202k. The defendant finally claims that he was denied a fair trial by three incidents of purported prosecutorial misconduct during closing argument. We vacate the judgment of conviction for the violation of § 53-202k and affirm the judgment of the trial court in all other respects.

The jury reasonably could have found the following facts. On June 28,1994, the sixty-six year old defendant shot the thirty-two year old victim, Sherry Drake, causing her death. The two had a nine year intimate relationship that ended with the victim’s death. The defendant resided at 92 Hudson Street in New Haven. During a substantial portion of their relationship, the victim shared that residence with the defendant. Their relationship was characterized by specific incidents of domestic violence in which firearms were used.

[29]*29On the night of June 28, 1994, at approximately 10:25 p.m., Sergeant Anthony Griego of the New Haven police department was dispatched to 92 Hudson Street. Upon his arrival, he observed the defendant standing in the doorway and, directly behind the defendant, he observed the victim lying on the floor in a pool of blood. The defendant blurted out, “I shot her because she jumped on me. Look how big she is. I shot her.” The defendant told Griego that he put the gun in the rear bedroom. Griego noted that the defendant had not sustained any gunshot or knife wounds, his clothes did not appear to be ripped, his eyes were not swollen and his face was not cut. Griego further observed that the defendant seemed “fine” and did not seem to be overly emotional.

Officer Jonathan Haddad arrived at the scene shortly thereafter. Haddad heard the defendant repeatedly state, “I told her to get off, she jumped on me, I told her to get off, so I shot her.” He also heard the defendant state, “I shot her twice and the gun is on the bed.” Haddad observed nothing about the defendant’s appearance that led him to believe that the defendant had been involved in a physical altercation, such as cuts, abrasions or bleeding. In addition, there were no weapons, guns or knives near1 the victim’s body.

A .38 caliber revolver containing four live rounds and two spent shell casings was recovered from the defendant’s bedroom. Later tests showed that the bullets that killed the victim had been fired from that weapon. The victim had been shot at close range once in the neck and once in the right armpit. Both were fatal wounds. At the time of her death, the victim had a blood alcohol level of 0.32, and a small amount of cocaine was detected in her system. In his statement to the police that night, the defendant admitted shooting the victim twice following an argument. Additional facts will be set forth where relevant to the issues on appeal.

[30]*30I

The defendant first claims that there was insufficient evidence to support his conviction for the crime of manslaughter in the first degree.4 We disagree.

“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). Our review is limited to determining whether the inferences drawn by the jury from the evidence presented are so unreasonable as to be unjustifiable. State v. Ford, 230 Conn. 686, 692, 646 A.2d 147 (1994). “[T]he 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.” (Emphasis in original; 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).

To convict the defendant of manslaughter in the first degree, the state was required to prove beyond a reasonable doubt that (1) the defendant intended to cause serious physical injury to the victim and (2) he caused her death. See General Statutes § 53a-55 (a) (1). “The intent to cause serious physical injury required for a conviction of manslaughter in the first degree under § 53a-55 (a) (1), by definition, required a juiy’s finding [31]*31that the defendant caused a physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of a bodily organ. General Statutes § 53a-3 (4).” (Internal quotation marks omitted.) State v. Allen, 28 Conn. App. 81, 89, 611 A.2d 886, cert. denied, 223 Conn. 920, 614 A.2d 826 (1992).

The defendant does not contest that he caused the victim’s death; rather, he claims that the evidence was insufficient to show that he intended to cause her serious physical injury when he shot her twice at close range. A person’s intent may be inferred from his conduct, as well as the surrounding circumstances, and is an issue for the trier of fact to decide. State v. Nosik, 245 Conn. 196, 208, 715 A.2d 673 (1998). “[A] factfinder may infer an intent to cause serious physical injury from circumstantial evidence such as the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading up to and immediately following the incident.” State v. Allen, supra, 28 Conn. App. 89-90.

In the present case, there was sufficient evidence from which the jury reasonably could have inferred the requisite intent to cause serious physical injury to the victim. First, the evidence showed that the defendant had been around guns most of his life, had been trained and was experienced in the use of firearms. There were times when he had as many as twenty guns in his house. He understood the extent of injury that could be inflicted by the use of a handgun. On the date in question, he fired two bullets into the victim, one entering her neck and the other entering her body through her armpit, at close range. The jury heard evidence that on two prior occasions, the defendant had shot the victim during arguments.

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Bluebook (online)
734 A.2d 1012, 54 Conn. App. 26, 1999 Conn. App. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-james-connappct-1999.