People v. Richardson

293 N.W.2d 332 (1980)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was at the residence of Charles Johnson when an altercation arose between D and Marshall Cook, the brother of the decedent, Paul Cook. Marshall Cook testified that he beat D about the head with a brick in order to stop D from fighting another man. D was cut badly and was bleeding profusely from two head wounds which ultimately required 22 stitches. Charles Johnson testified that he asked D if he could take him to a clinic for treatment. Johnson took D to the clinic but D refused to stay long enough for medical treatment. Johnson then took D home. When they arrived at D's home D got a box of shells and two rifles. Johnson observed D loading both rifles and getting a knife from a drawer. Linda Steen, D's common-law wife, then called D's father to request his assistance in taking D to the hospital. D got on the phone and said to his father: 'I'm going to kill this mother fucker.' At this point, Johnson left and told Marshall Cook to get off the street. Miss Steen, her ten-year-old daughter Sonja, D, and his father left for the Hospital. D's father was driving. D had placed a rifle under the front seat of the car before leaving the house. His wife and father described him as being 'agitated' and uncommunicative. The car rounded a corner, D spotted Paul Cook, brother of his assailant Marshall Cook, and asked his father to stop the car. Paul was walking down the street, drinking a can of beer, in the company of Glenn Spencer. Glenn Spencer testified that Dt got out of the car and said to Paul, 'your brother just busted my mother fucking head'. D reached in the car for the rifle. Paul said he knew nothing about the beating. D cocked the rifle and ejected an empty shell. Paul again said he had nothing to do with the beating. D bent down to pick up the empty shell. As he arose he pushed Paul, who had approached him with his arms extended. D then rapidly shot him twice. Paul was facing the D when the first shot was fired. After the shot was fired, Paul fell backward and was lying partially on his side when the second shot was fired. Paul did not turn his back on D. Spencer had begun moving away as soon as he saw the rifle. By the time he heard the first shot, he was two or three houses down the street. He said he never turned his back on the two men, but watched them as he trotted backwards down the street. The whole incident occurred in half a minute or less. Just before the shots were fired Spencer heard someone in the car say, 'Jesse don't do that'. D got back in the car and left the scene. He proceeded to the hospital where he remained for several hours while his head wounds were treated. He then returned home. Defendant was arrested. D claimed the shooting had been accidental. D wanted to tell Paul that he didn't intend to press charges, but that he wanted to talk to Marshall after they had 'gotten themselves together' about why Marshall would want to 'mess him up like that'. Paul laughed about the head injuries as if they were a 'big joke'. The argument escalated into cursing and pushing. When Paul shoved him back towards the car D pulled the gun out, butt end first. As he swung the rifle around Paul grabbed the barrel. The two men wrestled and the gun went off. Paul fell to the ground still holding onto the gun. D pulled the gun away, got back in the car, and left. He said he did not stop to check on Paul's injuries because he did not believe Paul had been shot. He also said that Glenn Spencer 'took off' when the gun first appeared. Apparently, Marshall Cook, beat D because D did not contribute money he got from the unemployment office in order to help buy wine. Marshall's belief that D had some money was based on information obtained from Paul Cook. P argued that D apparently believed that Paul Cook had thus 'set him up' for the beating administered by Marshall. The trial judge instructed on first and second-degree murder. D requested the court to instruct on the additional lesser offenses of manslaughter and reckless use of a firearm causing death or injury. The trial judge refused. The jury returned a verdict of guilty of first-degree murder. D appealed.