Alcindor v. State

2020 WL 4334896 (2020)

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Nature of the Case

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Facts

D and Raquel Coore ended their romantic relationship. Shortly thereafter, Coore discovered she was pregnant with Ds child, and their daughter was born in October 2016. By March 2017, Coore was dating another man, Timothy Campbell. D and Campbell disliked each other. D called Campbell a 'pedophile' because he was much older than Coore. Campbell told Coore that he wanted to fight D nearly every time Ds name came up. D was aware of Campbell's animosity toward him because Campbell had called and texted him on numerous occasions after Coore and D had argued, warning D that he was 'never going to stop.' No physical altercations had occurred between the two men. D took the baby to a party but was late in returning her. Coore and D argued then arranged to meet at a Royal Farms Store. Royal Farms was not in a safe part of town, so Coore brought Campbell with her, without alerting D that she intended to do so. Coore and Campbell arrived to find D asleep with the baby in his car. Coore took the baby from D, while Campbell moved 'up in D's face and ... was just like provoking him' about the fact that Coore was no longer D's girlfriend. D and Campbell had begun 'fist fighting.' Coore saw that D's shirt was ripped and that Campbell was wrapping a belt around his hand. Shortly thereafter, she saw D holding a knife. Coore intervened and was able to briefly gain control of the knife but dropped it when D slammed her to the ground. D retrieved the knife and continued 'wrestling' with and repeatedly stabbing Campbell. Coore was screaming and hitting D with her car, but he did not stop, even when Campbell tried to retreat. She drove Campbell to the hospital where he died shortly after arrival. D testified about his relations with Campbell from day one. Campbell made threatening gestures, said he would beat him up, and called and texted him frequently, called him names, and threatened to have him deported (despite his American citizenship). At Royal Farms, D fell asleep with the baby while waiting for Coore. D was surprised to see Campbell. Coore took the baby from him without speaking, while Campbell 'blitzed' him-shoving him, calling him names, and reminding him that Coore was now Campbell's girlfriend. They began fighting but before the fight began, D took his knife when he exited the car. D said he tried to walk away from the fight. Campbell ripped his shirt, and D said he tried to retreat, but Campbell kept coming toward him, eventually pulling off his belt and wrapping it around his hand. Campbell also tried to run him over with Coore's car. D agreed that the Royal Farms surveillance video showed that when he pulled out his knife, Campbell tried to retreat. Nonetheless, he continued to attack, even after Campbell was in Coore's car trying to get away. D said that, once the stabbing began, he was unaware of what was happening, but he was 'definitely scared, [his] heart was beating.' After they left, D called and texted a friend, asking her to meet him and to take him to the police station so he could turn himself in. He then fell asleep in his car when his head 'started feeling like real heavy.' D did not know that Campbell was dead, and he did not remember most of the fight, due to 'a huge blow' he said he received to the back of his head, which caused him to see 'stars.' D claimed he had acted in self-defense. D said that he remembered being in fear of his life but also that he was not enraged. D was arrested without incident. D was found to have suffered a small scratch on the back of his head. D was convicted and appealed. D argues that the trial court erred in declining to instruct the jury on voluntary manslaughter based on hot-blooded response to adequate provocation.