State v. Thornton

730 S.W.2d 309 (1987)

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Nature of the Case

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Facts

Thornton (D) found his wife and the victim, Mark McConkey, engage in sexual relations in the front bedroom of his home. D fired a shot and struck McConkey in the left hip. McConkey died 16 days later from a massive infection from the bullet wound. D and his wife had been separated for about six weeks prior to the shooting, but no divorce action had been filed, and D had been making serious efforts to reconcile with his wife. D had never met McConkey before. On the night of the killing, D saw his wife and McConkey in the kitchen with his children and later with his wife smoking marijuana and kissing. D decided to get a camera and let the air out of one of McConkey's tires and went to his apartment to get a camera and a gun. D spent more than one hour in the backyard of his home observing his wife and McConkey and then hear the unmistakable sounds of sexual intercourse. He burst through the front door and found them both nude and attempted to take some pictures. D claims that McConkey attacked him and he fired his gun. D then assisted in getting McConkey to the hospital and waited until the police arrived. At trial, D testified that he simply lost control and that he armed himself because McConkey was much larger than he. D claimed that he did not intend to kill McConkey. D was convicted of first-degree murder and appealed.