State v. Papillon

236 A.3d 839 (2020)

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Nature of the Case

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Facts

D his associates, Adrien Stillwell, Nathaniel Smith, and Michael Younge, sold drugs in and around Manchester. The victim, M.P., regularly purchased drugs from D and his associates. On October 21, 2015, a confidential informant and M.P. each purchased drugs from the D at a Manchester hotel. That same day, D was arrested and jailed after the hotel was searched. D came to believe that M.P. was the “snitch” responsible for his arrest. D was released on bail and urged Stillwell, Smith, and Younge to kill M.P. The day after D was released, he paid to bail Smith out of jail so that Smith could help Stillwell and Younge murder M.P. D continued to raise the topic of killing M.P. with his associates, offering them money and drugs to do so and emphasizing that it needed to happen “before he had court.” On October 31, Halloween, D again pressed the three men to kill M.P., saying it should happen that night. D provided a gun - a .357 - and Halloween costumes, which he intended Stillwell, Smith, and Younge to wear as disguises. Deciding against the costumes, Stillwell, Smith, and Younge left to find and kill M.P. Stillwell and Smith were both armed. Stillwell had the .357 that D had provided. D went to a casino in Connecticut so that its security cameras could prove he was in another state when M.P. died. The killing did not occur. D had everyone try again on November 2 and 3. Stillwell - armed again with the .357 - and Smith met Younge at a convenience store near M.P.'s apartment building where they were captured on the store's security cameras. At approximately 6:17 p.m., they started walking up the street towards M.P.'s residence to make another attempt on his life. This time, Stillwell, Smith, and Younge found M.P. outside his apartment building. When M.P. began to walk away, Stillwell ran after him, firing the .357 six times. M.P. was shot twice and died at approximately 6:20 p.m. D “made sure he wasn't there” when M.P. was killed, having had an acquaintance drive him to Massachusetts earlier that day. Within minutes of the shooting, cell phone records showed that Stillwell had called the D twice and had exchanged text messages with D. D then told A.D. to try calling M.P., feigning the need to set up a delivery for some drugs that she owed M.P. D met with Stillwell, Smith, and Younge in A.D.'s bathroom in an attempt to avoid being overheard, and his associates recounted how M.P. was killed. D started handing out drugs and money to his three associates and said that they could “get back to business” now that the suspected informant was dead. Younge told him that the convenience store's security camera would have them on video before the murder, and the four of them discussed going to Connecticut the next day “to get out of town.” D was arrested on other charged but told a fellow inmate of M.P.’s killing. Eventually, Stillwell and Smith were arrested on other charges and Younge turned himself in when he was named a person of interest in the death. D also plotted with his sister to get bail for everyone so he would kill his associates. D was convicted of conspiracy to commit murder and as an accomplice to reckless second-degree murder. D appealed.