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STATE v. DOWNEY2/27/1997
ct. . . . The state of mind of one accused of a crime is often the most significant and, at the same time, the most elusive element of the crime charged. . . . Because it is practically impossible to know what someone is thinking or intending at any given moment, absent an outright declaration of intent, a person's state of mind is usually proven by circumstantial evidence. . . . Intent may be and usually is inferred from conduct . . . . hether such an inference should be drawn is properly a question for the jury to decide." (Citations omitted; internal quotation marks omitted.) State v. Torwich, 38 Conn. App. 306, 314, 661 A.2d 113, cert. denied, 235 Conn. 905, 665 A.2d 906 (1995). "An intent to cause death may be inferred from circumstantial evidence
such as the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death." State v. Zdanis, 182 Conn. 388, 396, 438 A.2d 696 (1980), cert. denied, 450 U.S. 1003, 101 S. Ct. 1715, 68 L. Ed 2d 207 (1981).
The following evidence, which the jury reasonably could have credited, refutes the defendant's claim. The state introduced evidence that the cause of death was a gunshot wound to the neck and chest. The bullet entered the upper right shoulder in a downward trajectory, fractured her right clavicle and first two ribs, injured her right lung, transected her esophagus and trachea, lacerated her aorta and heart, and finally lodged in her spleen. The extensive injury under the skin surrounding the entry wound indicated that a high powered weapon was used. In addition, punctate marks caused by gunpowder stippling were found near her right ear. Metal fragments and gunpowder were found on her clothing. Blood spatter was also found inside the barrel of the rifle, indicating that the victim was shot from a distance of one to two feet. Atomic absorption tests that were performed on the defendant's hands indicated that the rifle was held in a normal shooting position.
The defendant argues that the evidence was insufficient because the record is devoid of evidence that the defendant harbored animosity toward the victim to the degree that he would intentionally cause her death and because he summoned medical assistance. We conclude, however, that under the circumstances, the evidence supported the jury's conclusion that the defendant possessed the intent to kill the victim. The evidence shows that the defendant shot the victim at close range with a high powered rifle. Although he claimed to have shot her while he was seated on the floor and she was standing, the evidence revealed that
the cause of death was a gunshot that traveled in a downward trajectory to the shoulder. Earlier on the evening of the shooting, the defendant stated that the rifle was unloaded and that the box of cartridges was full. When the police officers arrived at the scene, however, one of the cartridges was missing from the box, supporting the inference that the defendant loaded the rifle shortly before the shooting. Moreover, the defendant told Cleary that he and the victim had argued that evening. The evidence also revealed that shortly before the incident in question, the defendant had acted in a hostile and threatening manner toward the victim. Furthermore, the jury reasonably could have inferred consciousness of guilt from the defendant's conflicting statements. See State v. Grant, 219 Conn. 596, 604, 594 A.2d 459 (1991).
B
The defendant also contends that, in light of his intoxication, a reasonable jury could not have found beyond a reasonable doubt that he intended to kill the victim. The basis for the defendant's claim is expert testimony that his blood a
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