State v. Fennell

531 S.E.2d 512 (2000)

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 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.