Newell v. State

49 So.3d 66 (2010)

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Nature of the Case

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Facts

D married his wife Diane on April 30, 2008. During their two-week marriage, d suspected Diane of cheating on him with Tony Hayes. Before getting a divorce, D wanted to verify the situation. D called and threatened to shoot Diane and Tony, but in a second message, he recanted. Later that evening, D drove over the state line to confirm Diane's and Tony's relationship before he went through with the divorce. D saw Diane's truck in the parking lot, but Diane was not there. D saw Adrian Boyette, whom he did not know, standing near Diane's truck. D asked Boyette if he knew the woman who drove Diane's truck, if he knew where she was, and if he had seen a man with her. Boyette said he did not, so D pointed toward Hollis and asked who he was. Boyette responded that Hollis was his friend and told D not to go over there and mess with him. Some harsh words were exchanged between D and Boyette, and D turned around and walked back toward his own truck. Boyette followed Newell back to his truck and began shouting and beating on the truck. Boyette stated that he was going to '[mess] [D] up!' Boyette shut the truck door on D's leg. D said he never pushed, shoved, or struck Boyette in response to his aggression. After the truck door was completely closed, Boyette continued beating on the truck and yelling 'I'm fixing to get you - [mess] up your world. I'm fixing to - get [yourself] out of that truck.' D began backing up the truck and Boyette come around, grabbed on the door wherein D though Boyette was trying to snatch me out of the truck. D pushed on the door from the inside, and Boyette backed up just enough for D to step out of the truck. 'Boyette said 'I'm fixing to cut you up,'' and 'when he grabbed at his pocket, that's when D reached under the . . . seat of the truck pulled the pistol out, and shot him.' D then jumped back into his truck and fled to his home in Vernon, Alabama. Boyette never displayed a knife or any other weapon, a pocket knife later was found in his pocket. Boyette died from the gunshot. D was indicted and tried for deliberate-design murder, and was found guilty by the jury of the lesser-included offense of manslaughter. D appealed in part for the trial court’s refusal to give instructions for self-defense.