High v. United States

972 A.2d 829 (D.C. Cir. 2009)

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Nature of the Case

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Facts

Gaither's mother, Diane, fixed Gaither and D breakfast at Gaither's home, and she took a picture of the two before they left the house. In the photo, D was wearing a green Eddie Bauer coat, a Redskins sweater, blue jeans, and a red Redskins baseball cap. Gaither and D drove to pick up Odell Smallwood, Gaither's cousin. Gaither smoked marijuana with Smallwood and drank alcohol with D. Later that day, the three men drove to a house to visit D's adult step-sister, Angela Nivens, and three of her friends. Smallwood and Gaither smoked more marijuana, while D and Gaither continued to drink. At some point that evening, Gaither went upstairs with Nivens where they stayed for 20 to 25 minutes before coming down together. Upon seeing the two return, D appeared none too pleased. When Gaither, D, and Smallwood left the house, D saw Nivens give Gaither a kiss on the cheek. D began yelling at Gaither and asking him what went on between himself and Nivens upstairs. According to Smallwood, D and Gaither were arguing back and forth with D yelling, 'How the fuck you going to fuck my sister?,' and Gaither responding, 'Man, stop tripping off that shit.' Smallwood testified that he had never seen D so upset. D told Smallwood to drive him home. When they arrived, D got out of the car and went inside his house. Smallwood pulled the car over to the opposite side of the street, and Gaither got out of the car telling Smallwood that 'he was going to go get his stuff.' Smallwood remained in the car and waited for the two men to return. Three or four minutes later, Smallwood heard 'some shots' and ducked down inside the car. When he looked up, he saw D in the middle of the street standing over Gaither. Gaither was on his knees with his hand raised over his head. Smallwood started the car, put it in reverse, and backed down the street. Soon Smallwood heard several more shots, and when he looked back, he could see Gaither slouched down where he had been kneeling in the middle of the street. Others corroborated the fact that D shot Gaither about 15 times for having sex with his step-sister. The trial court decided, sua sponte, to instruct the jury on second-degree murder and voluntary manslaughter as lesser-included offenses of first-degree murder. The trial court contended that the instruction was warranted because the jury could conclude that D killed Gaither in the heat of passion provoked by the fact that Gaither may have engaged in sexual relations with High's step-sister, Nivens. D objected claiming that someone else shot Gaither. The jury convicted D of voluntary manslaughter. D appealed claiming it was error to give the instruction.