State v. Sety

590 P.2d 470 (Arizona 1979)

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Nature of the Case

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Facts

While camping, Sety (D) was approached by Cue, who was intoxicated. Cue told D that he had killed several people with his knife. Cue shot his rifle across a nearby river and subsequently pointed a gun at D's head, joking about the fact that D was scared. D his gun and fired several warning shots at Cue. D told Cue to freeze but when Cue reached inside his jacket D shot him and made a citizen's arrest. D lead Cue toward a dam keepers' house. Cue attempted to flee, and D shot him. D approached Cue and Cue grabbed him. D then choked Cue and escaped his grasp. D reloaded his pistol and continued to take Cue to the house. Cue began running, and D shot him again. As D approached Cue, his gun went off by accident and put a bullet in Cue's head, killing him. D was charged and tried for murder. D's testimony surrounding the fatal shot was in conflict with the physical evidence. All the physical evidence indicated that D shot Cue from a short distance. D was convicted of second-degree murder which was reduced by the court to voluntary manslaughter. D appealed; the evidence showed he acted in fear for his life, and, therefore, he was innocent of all charges. The State (P) appealed the reduction to manslaughter; D's use of a deadly weapon established malice which required a murder conviction.