State v. Gartlan

512 S.E.2d 74 (1999)

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Nature of the Case

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Facts

D, an ordained minister with no criminal history, was awakened by his older daughter who informed him that his younger daughter was crying. D's younger daughter was semiconscious and non-responsive. The older daughter was experiencing difficulty breathing, and his son was completely unconscious. The family's car was running with the garage door closed. D turned off the car and called 911. The emergency personnel treated them for carbon-monoxide poisoning. They were taken to the hospital and later released. D confessed to attempting to kill himself and his three children by running his automobile in the closed garage. He stated that he had been depressed and that 'he could not kill himself because the kids would be alone and have no one to take care of them. This was a way they could all be together.' D changed his mind after seeing his younger daughter turn blue with breathing difficulty. D was indicted for three counts of attempted first-degree murder. D was convicted and appealed. D claimed the trial court erred in denying his written request for jury instructions on the defense of abandonment of the attempted murder crimes.