State v. Govan

744 P.2d 712 (1987)

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Nature of the Case

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Facts

D and Keeble, with whom D had been living for three years, argued over D's alleged molestation of the Keeble's teenage daughter. Keeble eventually fired a shot at D. D left the scene, but later that day returned and was observed again arguing with Keeble. Keeble borrowed a neighbor's telephone and attempted to call the police. As Keeble was attempting to dial the phone, D pulled a gun out of his pocket and shot striking Keeble in the neck. Keeble was paralyzed from the neck down. D told police that he had not intended to shoot Keeble, but had drawn his gun and fired behind him without taking aim. The state charged D with aggravated assault. D visited her, and they were subsequently married. The aggravated assault charge was dismissed without prejudice. Due to her quadriplegia, Keeble suffered from several ailments and needed constant care. In January 1985, Keeble contracted pneumonia and died. D was subsequently charged with second-degree murder and convicted of manslaughter. At trial, expert medical testimony tied the gunshot, the paralysis, and eventual death from pneumonia as direct causes. D appealed on a number of grounds one of which was the death was not the natural result of his having shot Keeble.