State v. Marr

765 A.2d 645 (2001)

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Nature of the Case

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Facts

Carroll, Jackson, and Wright went to Marr’s (D) house with the intent to rob him. D was not home but his cousin, Ronald, was. In the course of searching for drugs and money, one or more of the trio shot and killed Ronald. D went looking for Carroll and Jackson. On December 2^nd, D caught up with Carroll, and on December 4^th, he found Jackson. Marr killed Carroll on the 2^nd when he was about to enter a cab. Abass who was also injured along with the cab driver were innocent bystanders. Jackson was a bit luckier as he managed to escape a hail of gunfire. D’s defense in both incidents was self-defense. He said nothing of this at first when questioned by the police. When he went to talk to Carroll, he was armed with a Mac 11. In subsequent statements, he claimed he was enraged and terrified when he learned about the killing of his cousin, and he wanted to see Carroll to resolve any problems and to get him to confess to the killing. Both D and his confederate, Alston, were armed. D then testified that when Carroll saw them, he reached for his waist as if to draw a weapon. In fear for their lives, both D and Alston opened fire. The trial court instructed the jury on perfect and imperfect defenses. D asked that his conduct be judged under reasonable subjective circumstances as they appeared to him. D was convicted on all counts and appealed. This appeal eventually resulted.