 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. DOWNEY2/27/1997
The defendant appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a-54a. He claims that (1) there was insufficient evidence of the element of an intent to kill to sustain the guilty verdict, (2) the trial court improperly denied his motion to suppress statements, and (3) the trial court improperly admitted evidence that the defendant had acted in a threatening manner toward the victim in the weeks preceding the murder. We affirm the judgment of conviction.
The jury reasonably could have found the following facts. On March 29, 1992, at approximately 10:22 p.m., the defendant dialed 911 to report a shooting and to request medical assistance. He stated that he had "disarmed" a rifle accidentally and shot his girlfriend. He gave the dispatcher directions to the apartment that he shared with the victim. The dispatcher instructed him to wait outside with his hands in the air.
When the police officers arrived, the defendant was waiting for them outside with his hands raised. The police officers approached the defendant and patted him down for weapons. An officer read the Miranda rights to him and he was then handcuffed and placed him in the backseat of a patrol car. The officers noticed an odor of alcohol on the defendant, but he was not
incoherent or stumbling and appeared to understand and follow their instructions.
The police officers then entered the victim's apartment and found a Weatherby 30.06 rifle on the floor approximately eight to ten feet from the door. One of the officers, Corporal John Driscoll, picked up the rifle, removed a spent shell from the chamber, and placed it against a wall. He also observed a box of cartridges, from which one cartridge was missing.
Earlier that evening, Mary Anthony and her boyfriend, Philip Weidelman, had visited the defendant and the victim. The defendant showed the Weatherby rifle to Weidelman and told him that the safety mechanism was on. Weidelman saw a box of cartridges in the gun case, and noticed that none of the cartridges was missing.
The victim was found lying face down near the bedroom door. She was unconscious and had no detectable pulse or respiration. She had a bluish complexion and a gunshot wound in her upper right shoulder. The blood near the wound was in the early stages of clotting. Attempts to resuscitate the victim were futile. A Life Star helicopter took the victim to Hartford Hospital, where she was pronounced dead.
While the other officers were attempting resuscitation, Driscoll periodically checked on the defendant, whom he knew from previous encounters. The defendant, who was nervous and talkative, made several unsolicited statements. He said that he had accidentally shot the victim while he was holding the rifle. He also said that while holding the rifle, he began to slide the bolt down. He then changed his mind, and as he put the handle of the bolt down, the rifle discharged.
After the victim was removed, the defendant agreed to go to the police station for an interview, stating that he wanted to cooperate "110 percent." At the station,
an officer advised the defendant of his rights and the defendant signed a waiver form. The officers then conducted a tape recorded interview.
During the interview, the defendant made the following statements. After his guests left, the defendant sat on the living room floor near the television and the victim sat in a nearby chair, reading a book. After a while, he decided to clean his Weatherby rifle, which he normally kept unloaded. As he pulled the rifle out of its case, the gun slipped and, as he reached for it, it discha
Page 1 2 3 4 5 6 7 Connecticut DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|