State v. Fennel

531 S.E.2d 512 (2000)

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Nature of the Case

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Facts

D was diagnosed as suffering from paranoid schizophrenia in 1984. As a result, D lost his job as an accountant, was divorced, and moved to live with his elderly mother. D joined the Chester Civitan Club and was appointed to oversee its 'candy box' program. D was responsible for collecting money from boxes left in stores, replenishing the candy, and making deposits. He took the job very seriously and performed it well. Thrailkill, the owner of a home remodeling business and a Civitan Club member, and D had a dispute about an empty candy box at a local store. The argument angered and upset D. At a Civitan Club meeting at a restaurant D approached Thrailkill to discuss the candy box matter. Thrailkill refused to discuss it and made a disparaging remark that angered D. D left the room and retrieved a .38-caliber revolver from his car. D strode back into the restaurant, declaring he was 'going to kill that son of a bitch.' He emptied his gun at Thrailkill, striking him with five shots. Thrailkill died two months later from complications caused by his injuries. A stray bullet struck Elihue Armstrong, a semi-retired grocer, and barber who was standing nearby, in the right arm and chest. Armstrong survived. D told a psychiatrist that he did not intend to injure Armstrong. D was indicted for the murder of one man and the assault and battery with intent to kill (ABIK) of a second man. A jury found him guilty but mentally ill on both charges. He was sentenced to life in prison for murder and twenty years for ABIK. D moved for a directed verdict on the ABIK charge. It was denied. D appealed. D asserted that P had failed to prove he intended to kill Armstrong, and the doctrine of transferred intent did not apply.