United States v. Richards

56 M.J. 282, 2002 CAAF LEXIS 108, 2002 WL 191653
CourtCourt of Appeals for the Armed Forces
DecidedFebruary 6, 2002
Docket01-0084/AR
StatusPublished
Cited by7 cases

This text of 56 M.J. 282 (United States v. Richards) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Richards, 56 M.J. 282, 2002 CAAF LEXIS 108, 2002 WL 191653 (Ark. 2002).

Opinions

Chief Judge CRAWFORD

delivered the opinion of the Court.

Appellant was tried by general court-martial composed of officer and enlisted members and, contrary to his pleas, was found guilty of voluntary manslaughter, in violation of Article 119, UCMJ, 10 USC § 919. The convening authority approved the adjudged sentence of a dishonorable discharge, confinement for eight years, forfeiture of all pay and allowances, and reduction to Private El. The Army Court of Criminal Appeals af[283]*283firmed in an unpublished opinion. We granted review of the following issues:

I. WHETHER APPELLANT CAN BE HELD CRIMINALLY LIABLE FOR THE STABBING DEATH OF PFC WATERS BY PFC WILSON WHERE THE GOVERNMENT FAILS TO PROVE 1) THAT APPELLANT KNEW OR HAD A REASON TO KNOW PFC WILSON HAD A KNIFE DURING THE FISTFIGHT, 2) THAT APPELLANT’S ACT OF KICKING PFC WATERS AFTER THE FIGHT BEGAN ASSISTED OR INCITED PFC WILSON IN STABBING PFC WATERS OR 3) THAT APPELLANT ENTERED AN AGREEMENT WITH PFC WILSON BEFORE OR DURING THE FISTFIGHT TO STAB PFC WATERS.
II. WHETHER A STABBING BY A CO-ACCUSED CAN BE CONSIDERED THE NATURAL AND PROBABLE CONSEQUENCE OF AN UNARMED FISTFIGHT INVOLVING MULTIPLE ASSAILANTS WHERE THERE IS NO EVIDENCE APPELLANT KNEW THE CO-ACCUSED WHO COMMITTED THE STABBING HAD A KNIFE, HAD A PROPENSITY TO USE A KNIFE DURING FISTFIGHTS, OR OTHERWISE INTENDED TO STAB THE VICTIM.
III. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE FAILED TO INSTRUCT THE MEMBERS ON THE LESSER-INCLUDED OFFENSE OF INVOLUNTARY MANSLAUGHTER WHEN THERE WAS SUFFICIENT EVIDENCE TO RAISE THE OFFENSE.1

We hold as to Issues I and II that the evidence is legally sufficient to support appellant’s conviction of voluntary manslaughter under an aider and abettor theory, which was the theory under which appellant was tried. As to Issue III, we hold that the military judge did not err in refusing to instruct on involuntary manslaughter, because that lesser-included offense was not reasonably raised by the evidence.

FACTS

Animosity over a six-month period in 1996 between two groups led to the death of Private First Class (PFC) Dustin Waters. One group consisted of the victim and PFC Gregory Maxwell. The other group consisted of appellant, a former soldier named James Morris, PFC Clinton Samuels, and Private E2 Rohan Wilson. The animosity seems to have fermented out of several isolated events that created a hostile environment between the two groups. For instance, during the summer of 1996, on two separate occasions, appellant and Maxwell got into an argument because appellant had danced with Maxwell’s girlfriend at a club. On another occasion, on November 2, 1996, appellant and his three friends were at Trooper’s nightclub when Morris got into a shoving match with the victim.

The animosity between the two groups came to an unfortunate head on the evening of November 21, 1996. Appellant and his three friends were spectators at a basketball game at Fort Riley, in which the victim and Maxwell were playing. After the game, the victim departed the gymnasium before Maxwell and engaged a woman named Ms. Bradley in a conversation. Maxwell then heard one of appellant’s friends say, “That nig* * * D’ [the victim] is talking to that ‘B’.” Maxwell was concerned for the victim and went outside and stood beside him.

A few minutes later, the victim and Maxwell got into a car and drove back to their barracks. Ms. Bradley and a girlfriend fol[284]*284lowed them in a second car. Appellant and his Mends “hopped in” a third car and followed behind the women. After the victim, Maxwell, and the women arrived at the barracks parking lot, Maxwell saw appellant and his Mends “creeping up” or “driving slowly.” Maxwell then went into the barracks to his room, and the victim stayed behind to talk to Ms. Bradley. A few minutes later, the victim went into the barracks and asked Maxwell to come outside and talk to the other woman. Maxwell complied.

Meanwhile, Samuels, who lived in the same barracks as the victim, went into the barracks to have a friend give him a haircut. Morris testified that at about the same time, he, Wilson, and appellant went into a nearby barracks to visit another Mend. The Mend was not there, and they departed the barracks. Morris went back to the car. Appellant and Wilson then went to a bank of phone booths about ten to fifteen feet from the front door of the victim’s barracks in order for Wilson to return a page and to wait and see “if [the victim] and Maxwell [were] going to say anything or try to do anything.”

While the victim and Maxwell were talking to the two women, Morris walked over to the phone booths and asked appellant and Wilson whether the victim or Maxwell had said or done anything. They replied, “No.” Morris then went into the victim’s barracks to use the latrine. Subsequently, the victim, Maxwell, and the women decided to go into the barracks because it was cold outside. As they walked toward the barracks, they encountered Morris, who walked up to the victim and asked him whether he had had fun the other night. The victim replied, ‘Yes.” Morris then hit the victim with his fist. There remains disagreement as to what else was said between the two.

Appellant and Wilson then balled up their fists and began walking at a fast gait toward the victim from the phone booths. As they approached, appellant and Wilson began hitting their hands with their fists, repeatedly saying, ‘Yeah, what’s up?” At the same time, Maxwell entered the barracks building and encountered Samuels. They “squared off’ momentarily, and Maxwell ran upstairs, ostensibly to get help. Meanwhile, Morris and the victim moved to a grassy area next to the barracks. According to Morris, Wilson said, “You’ll need to stop.” In response, the victim hit Wilson with his fist. Wilson then grappled with the victim while Morris continued to hit him. Morris grabbed the victim from behind and moved him to an open area of the sidewalk because he wanted to get away from any tree or building so no one’s punches would miss and hit an object as they tried to hit the victim.

At some point during the beating, Morris and Wilson knocked the victim to the ground and began kicking him. Appellant then joined them, and the three continued to kick the victim. Then Samuels joined the beating, and the four men kicked the victim repeatedly about the body and head. Every time the victim would attempt to get up, he would be kicked back down to the ground. Morris taunted the victim, telling him that he had “messed” with the wrong person and that he should have thought about what he did at the Trooper’s club. The four men kicked the victim for about two to ten minutes with their shod feet, stopping only when the charge of quarters came outside and threatened to call the military police.

During the beating, Wilson pulled out a paring knife and stabbed the victim several times. Morris testified that he did not see a knife or know that Wilson was stabbing the victim, but he noticed blood on the sidewalk. After the stabbing, appellant and his Mends continued to kick the victim, ending up with blood on their shoes and pants.

After appellant and his Mends had departed, the victim went back into the barracks holding his chest. He fell to the floor, and Maxwell noticed that the victim had “a big gash ... in his chest and blood was squirting out of it.” The victim suffered six stab wounds, the fatal one of which pierced his heart. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
56 M.J. 282, 2002 CAAF LEXIS 108, 2002 WL 191653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richards-armfor-2002.