State v. Shumway

63 P.3d 94 (2002)

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Nature of the Case

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Facts

Fifteen-year-old D spent much of the day with his friend, fourteen-year-old Christopher Ray. D slept over' at Christopher's trailer home. D and Christopher were up until 5:30 a.m. playing video games. At 7 a.m., D went to Christopher's mother's room and woke her saying that Christopher had tried to stab him and that he stabbed Christopher back and thought that he might be dead. Christopher was lying on his back on the floor in the front room with a butcher knife covered in blood next to him. She called 911. The paramedics declared him dead at the scene. The police searched the trailer and took into evidence the butcher knife, along with other knives from the kitchen. The blankets the boys had been using had blood stains and stab patterns in them and were rolled up in the corner of the front room. A gym bag contained bloody socks. Christopher had been stabbed thirty-nine times and that some of the stab wounds, including the fatal neck wound to the carotid artery, apparently had been inflicted with an instrument other than the butcher knife found by police. That instrument was never found. D was charged with murder and with tampering with the evidence. D disclosed to police that Christopher was irritated at him for beating Christopher at video games. As the boys went to bed, Christopher went to the kitchen and retrieved a knife that he began to throw in the air and catch. Christopher then lunged at D and began poking him with the knife. The boys wrestled over control of the knife, and in his anger, D stabbed Christopher. D also suffered stab wounds to his hand. There was evidence that Christopher had a reputation for being a 'hothead' and losing his temper, while D was known to be cooperative and peaceful. D had been bullied and pushed around by his peers since he was in the third grade, and that all of this 'came out on Chris' when the boys fought over the knife. According to the medical examiner, 'the lethal wound to the victim's throat was inflicted early in the struggle, while the victim's blood pressure was still good.' The juvenile court certified him to stand trial as an adult in the district court. The jury was instructed that manslaughter could not be considered unless the evidence at trial failed to prove one or more elements of murder. The jury convicted D of both charges. D appealed.