Nature of the Case
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Facts
D's 16-year-old niece told him she had been molested by the victim, her mother's boyfriend. D walked to a convenience store to get a beer, and this calmed him down. D returned home to continue talking to his niece. When the child's mother and the victim arrived to pick her up, the child, her mother, and D went inside the house to talk privately. Minutes later, D exited the house, asked the victim why he did it, and fatally shot the victim as he sat in his car. D proffered evidence that he shot the victim in the heat of passion during a confrontation about the victim's molestation of D's niece. Appellant testified he learned of the molestation one or two hours before the shooting. Immediately prior to the shooting, D's sister, when informed about the molestation, stated she did not believe her daughter. D then retrieved his gun for his protection and went outside to talk to the victim. D asked why he did it, and the victim taunted him by saying “she's my bitch, I can do whatever I want.” D stated he “lost it,” “blacked out,” and started shooting. The court refused a voluntary manslaughter instruction. D was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime. D appealed.
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