Commonwealth v. Acevedo

Facts

Crystal, a high school student, hosted a party at her home after a school dance. Charles, Crystal's former boyfriend, attended the party. When D and four of his friends arrived at the party, they argued with Charles, who accused them of stealing his headlights. Crystal told D and his friends to leave if they were going to fight, and they left the party. Forty-five minutes later, D and his friends returned to the party. The argument between D and Charles turned into a physical confrontation when two of D's friends punched Charles. Crystal demanded that everyone leave, and D and his friends suggested taking the fight outside. Outside, Charles challenged D to fight 'one on one.' Charles who was unarmed punched D in the head, and the D appeared to be punching McCullough's chest: no one else was involved in the fight. After ten seconds, Charles fell back, holding his chest, and shouted that D had stabbed him. Charles had been stabbed five times. Charles collapsed, and D and his friends fled. Charles was able to tell an officer that D had stabbed him. He was pronounced dead when he arrived at a hospital. D claimed that Charles and his friends jumped on him and hit him when he tried to break up the fight. D denied that he had carried a knife or that he had stabbed anyone. At a second interview, D told police that several men from the party attacked him as he left, and he was able to escape with the help of his friends. D said that Charles was part of the group that attacked. D again denied having a knife or stabbing Charles. D gave yet another story to detectives that Charles and his friends followed them outside and insisted that they fight. Charles approached him with a clenched fist, then someone else knocked him to the ground, and four or five people started punching him in the head. Fearing for his life D pulled out his knife and swung it three or four times. After he heard Charles say that he had been stabbed, he got into his friend's car and drove away. D told the police that he did not intend to kill anyone that night: he stabbed D because he was scared and trying to protect himself. The version of the events at trial was wildly different. Two of D's friends who attended the party with him that night also testified for the defense. They corroborated D's testimony that he left the party after a fight started; that a large crowd gathered outside; and that a group of men, including Charles, surrounded D, knocked him to the ground, and hit him. Both witnesses testified that they saw Charles punch the D twice before the group closed in on him. D requested jury instructions on manslaughter. P claimed the evidence did not show that D acted based on heat of passion, reasonable provocation, or sudden combat. Over P's objection, the judge instructed the jury on self-defense, voluntary manslaughter based on excessive force in self-defense, and involuntary manslaughter. The judge did not provide instructions on reasonable provocation or sudden combat. Additional instructions were given the jury during deliberations, in that the jury could not return a verdict for voluntary or involuntary manslaughter if they determined that D had not acted in self-defense. The jury asked if there were any mitigating circumstances, other than excessive force in self-defense, that could negate malice and reduce murder to manslaughter. The jury was told that there no mitigating circumstances to consider other than excessive force in self-defense. D was convicted of second-degree murder. D appealed. It concluded that the absence of a jury instruction on reasonable provocation was not error because D did not request the instruction, and the trial judge was not obligated to provide one sua sponte. D appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

© 2007-2024 ABN Study Partner.