Lay v. State

359 S.W.3d 291 (2012)

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Nature of the Case

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Facts

Feggett's neighbor witnessed Feggett, Feggett's girlfriend, and D 'laughing and joking' outside a convenience store. D had just met Feggett and felt that they could be friends. D accepted an invitation from Feggett to attend a cookout at Feggett's apartment and gave Feggett a $100.00 bill to pay for groceries for the cookout. Feggett and his girlfriend went to Wal-Mart to purchase groceries and instructed D to meet them at their apartment. D went to Feggett's apartment and discovered that Feggett had lied-there was no cookout to attend. D demanded the return of his money. Feggett, a drug addict, refused to return the money, became belligerent, held a knife to D's throat, and demanded that D leave. A 'mad,' 'irritated' D exited Feggett's apartment. Lay told the neighbor who saw him exit, 'I'm going to kill him,' and also said to another person present 'somebody's going to die,' and then 'took off' 'on his bike.' Feggett told a neighbor, 'I'm being threatened. Somebody's going to hurt me.' After pedaling back home D stewed over the altercation, grabbed his friend's gun, rode his bicycle back to Feggett's apartment, and confronted him. D said he became afraid when Feggett walked toward him and reached in his pocket, whereupon D drew the pistol, shot Feggett, and ran. Feggett had no weapon in his hands at the time he was shot. Feggett was shot 4 times. D was convicted of murder and appealed.