State v. Mcguy

841 A.2d 1109 (2003)

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Nature of the Case

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Facts

D shot and killed Grant while Grant was leaning into the open front window of the car in which D was seated on the front passenger side. D and Grant had been verbally sparring with each other for more than five minutes before the shooting occurred. D testified that Grant repeatedly touched D's face with one hand while he was leaning through the car's passenger-side window and holding a gun with the other. No other witness saw Grant holding a gun, and the police found no gun at the crime scene. D claimed that Grant was holding a gun in one of his hands during the entire five-plus-minute period that Grant was verbally jousting with and harassing him. D never claimed that Grant pointed the gun at D or threatened to shoot him with it. D testified that fearing that he might be shot when Grant appeared to be taking the gun out of his coat pocket, D decided to shoot and kill Grant preemptively, which he then proceeded to do by suddenly drawing out his own gun and discharging a hail of bullets at Grant. The court denied D’s request for instructions on voluntary manslaughter. The jury did not accept D's self-defense argument and returned a guilty verdict on the charges of second-degree murder. D appealed.