State v. Ray

635 A.2d 777, 228 Conn. 147, 1993 Conn. LEXIS 409
Supreme Court of Connecticut·Decided December 21, 1993·No. 14741·Published·Cited by 20 cases

Opinion

Berdon, J.

The defendant, McKinley Ray, was charged in separate counts with manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1) and (3).1 After a jury trial, the defendant was convicted [149] of the lesser included offense of manslaughter in the second degree in violation of General Statutes § 53a-56 (a). 2 The sole issue in this appeal is whether the trial court improperly refused the defendant’s request to instruct the jury on the lesser included offense of criminally negligent homicide, pursuant to General Statutes § 53a-58.3 In State v. Ray, 30 Conn. App. 95, 619 A.2d 469 (1993), the Appellate Court upheld the trial court’s refusal to give the requested instruction. The defend[150] ant then petitioned this court and we granted certification.4 We conclude that the defendant’s request should have been granted and therefore reverse the judgment of the Appellate Court.

The jury reasonably could have found the following facts. At approximately 7 p.m. on September 20,1990, the defendant and Arthur Aldrich were sitting and talking on the front porch of their residence at 131 Port-sea Street in New Haven. The defendant lived in the basement apartment at that address and Aldrich lived on the first floor. After they had been talking for half an hour, Sherie Walton, who lived on the second floor, appeared and began arguing with Aldrich. Jonathan Morris also appeared and began arguing with the defendant. Apparently, Walton’s father had arrived home inebriated, and the defendant and Aldrich had laughed at him and another man as they stumbled up the stairs. Their laughter had angered Walton and Morris. In addition, Walton had accused Aldrich of stealing and wearing a pair of her pants.

Walton’s brother, Amar (A. J.), approached the group and then joined in the argument. At some point, Morris stepped away from the argument and then returned with a brick, rock, or piece of concrete. He struck the defendant under his right eye with the object, causing the defendant to bleed. The defendant told A. J. that he did not want any trouble. Aldrich helped the defendant, who was woozy and staggering, through the front door of the building and down a dark, narrow hallway to the first floor kitchen.

A. J. and Morris, neither of whom lived in the building, forced their way through the front door and into [151] the hallway. The defendant and Aldrich went back into the hallway, where fighting broke out among the four men. At some point, the defendant pulled out a pocket knife with a five inch blade that he used to open boxes at work. He stabbed Morris and A.J., who then ran from the house and collapsed outside. Morris, who was stabbed four times,5 died as a result of a wound that penetrated three and one-half inches into his chest and heart. A.J. was stabbed several times but survived.

The defendant, who testified at trial, admitted to stabbing both victims but claimed that he had been frightened and had acted in self-defense. He stated that Morris had been swinging a brick at him in the hallway, causing glancing blows to the defendant’s head. Further, he testified that although he knew that he had stabbed Morris, Morris had continued fighting and the defendant did not know where or how many times he had stabbed Morris or whether Morris had been injured. Similarly, while the defendant knew that he had stabbed A.J., A.J. had continued fighting and the defendant did not know where or how many times he had stabbed him. Edward T. McDonough, the medical examiner who performed the autopsy on Morris, testified that Morris was stabbed three times in the right arm or shoulder and once in the chest, and that only the chest wound was life-threatening. McDonough stated that Morris’ wounds were consistent with the defendant flailing at him with the knife while Morris was moving around.6

[152] Before the defendant testified, the trial court requested counsel to file written requests to charge. The defendant did so, specifically requesting the trial court to charge the jury with respect to criminally negligent homicide as a lesser included offense of manslaughter. The trial court refused to give this instruction and the defendant excepted.

The jury found the defendant guilty of the lesser included offenses of manslaughter in the second degree in violation of General Statutes § 53a-56 (a), and assault in the second degree in violation of General Statutes § 53a-60 (a) (2). The trial court sentenced the defendant to a total effective sentence of nine years imprisonment.

In State v. Whistnant, 179 Conn. 576, 588, 427 A.2d 414 (1980), we held that a defendant is entitled to an instruction on a lesser included offense if he can demonstrate compliance with each of four conditions: “(1)an appropriate instruction is requested by either the state or the defendant; (2) it is not possible to commit the greater offense, in the manner described in the information or bill of particulars, without having first com[153] mitted the lesser; (3) there is some evidence, introduced by either the state or the defendant, or by a combination of their proofs, which justifies conviction of the lesser offense; and (4) the proof on the element or elements which differentiate the lesser offense from the offense charged is sufficiently in dispute to permit the jury consistently to find the defendant innocent of the greater offense but guilty of the lesser.” The state conceded before the Appellate Court that the defendant had satisfied the first two prongs of Whistnant.7 The [154] Appellate Court held, however, that the defendant’s testimony did not place the evidence “sufficiently in dispute to support a finding of criminally negligent conduct” because “[Rational jurors using common sense could not reasonably have found that the defendant did not perceive a substantial risk of death when he stabbed Morris with sufficient force to penetrate his chest and heart.” State v. Ray, supra, 103. We disagree.

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State v. Ray, 635 A.2d 777, 228 Conn. 147, 1993 Conn. LEXIS 409 (Colo. 1993).

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