State v. Howard

597 P.2d 878 (Utah 1979)

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Nature of the Case

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Facts

A running feud between Tammy Johnson and Marilyn Rust eventually erupted into violence. Late in November, Howard (D) slashed the tires on Tammy's car, and subsequently, the tires on Marilyn's car were slashed. Once again Tammy's tires were slashed. D expecting trouble brought a 12-gauge shotgun to Marilyn's apartment and he and a friend remained there until midnight when Tammy and Danny Johnson, Decie Johnson, and Eddy Foy came to Marilyn's apartment and an argument ensued. More friends of Marilyn arrived, and during the entire argument, D stood by the couch in the living room holding a shotgun in plain view, indicating at one point that it was loaded. As the Tammy posse was leaving, Tammy made an obscene remark to D and D returned the favor. Tammy's husband, Danny, then demanded that D come out and fight. D had no intention of taking him up on the offer as Danny was much larger. Danny then lunged at the door toward D and D aimed the gun and fired. A Stan Crager, who had been standing in the room in front of D jumped in front of Danny in an effort to prevent a fight. Stan was hit in the back and Danny was knocked off balance and D pumped another shot into Danny hitting him in the back. Both Stan and Danny died. D was charged with first-degree murder on two counts. Lessor included charges were given the jury but not the requested negligent homicide charge. D plead self-defense. D was convicted and appealed.