State v. Munoz

113 N.M. 489 (1992)

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Nature of the Case

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Facts

D and Donna Munoz were married in 1980. He was eighteen years old at the time; she was fifteen years old. She had run away from home a few months earlier. She told D that she was running away because Hatfield, who was her stepfather, had attempted to touch her sexually. Donna Munoz continually maintained that Hatfield had only tried to touch her but had not succeeded. On March 15, 1989, Donna Munoz spoke generally about her family and specifically about events that had occurred when she was growing up. She informed D that, beginning when she was nine years old, Hatfield, as well as her uncle, Ralph Hernandez, and her brother, Fabian McClean, had sexually molested her. The acts occurred on many occasions and included anal and vaginal intercourse, as well as oral sex, for which the men gave her money. She told D that she had informed other family members of these occurrences, including her mother. They had responded by telling her to be quiet about the molestations so that the family could stay together. As she talked to D about her past Donna Munoz was screaming and crying hysterically. D picked up his rifle and went to his in-laws' house, located a few miles away. D wanted to talk to Hatfield. He took his rifle with him because he was afraid of Hatfield. He had been to the house before and knew that Hatfield kept guns there in the spare bedroom. D entered the house uninvited, went into the bedroom, and awakened Hatfield and Lila Hatfield. He told them of his wife's revelations and that they had ruined his and his wife's lives. Hatfield denied everything, but Lila Hatfield admitted that her daughter had come to her for help and that she had refused her plea. Hatfield stood up and walked toward D. D loaded his rifle. Both men were yelling. Hatfield started walking out of the bedroom. Defendant testified that, as he was losing Hatfield in the dark, the gun went off. From these facts, D requested instruction on the lesser-included offense of voluntary manslaughter. The trial court refused the instruction claiming The provocation had to come from the victim. (Oh we almost forgot.) As D was leaving the Hatfield residence, D ran over Lila Hatfield with his pickup truck, severely injuring her. D then shot Ralph Hernandez in both legs and left him in a secluded place to die. D admitted that he committed the acts in question. D claimed that he was unable to form the specific intent required. D introduced the testimony of several expert witnesses who testified that, during the events, D was suffering from a brief reactive psychosis. D was convicted and appealed.