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State v. Hunt12/8/2000
Appeal from Saline district court; DANIEL L. HEBERT, judge.
Affirmed.
Tony Hunt was convicted by a jury of second-degree murder (K.S.A 1999 Supp. 21-3402) and attempted first-degree murder (K.S.A. 21-2401 and K.S.A. 21-3301). He appeals his convictions. He argues that the trial court erred by failing to instruct the jury on (1) voluntary manslaughter as a lesser included offense of first-degree murder, (2) self-defense as a defense to the charge of first-degree murder, and (3) aggravated battery as a lesser included offense of attempted first-degree murder.
In the early morning hours of June 13, 1997, Lamar Williams died from a gunshot to the back of his head, and the woman he lived with, Jannette Gardenhire, was injured by a gunshot to her head. Tony Hunt was convicted by a jury of second-degree murder of Lamar Williams and attempted first-degree murder of Gardenhire.
Tony Hunt and Lamar Williams became acquainted through a mutual friend, Adam Crist, who shared with Williams an interest in breeding and raising pit bull terriers. Williams began working with Tony Hunt at the beginning of 1997. They worked for Tony Hunt's father, Richard Hunt, who had a construction business.
Tony Hunt testified that in February 1997 Williams revealed to him that he sold drugs for a man named Marcus Madden in Bakersfield, California. Williams also told him that he had collected money for Madden, which on occasion had involved kidnapping someone. When Williams asked Hunt if he would be interested in helping him sell marijuana, Hunt said he would.
At the end of April or the beginning of May, Williams got a quantity of marijuana. Hunt took 10 pounds of it, Williams took 10 pounds, and Williams was going to hide the rest of it. Hunt paid nothing at the time he took the marijuana.
Hunt also testified that in April Williams told him that Marcus Madden had asked Williams if Hunt could sell 20 pounds of methamphetamine. Williams said that he could.
Hunt testified that several days after he took the marijuana Williams began telling him that Madden was upset that they had not yet sold the shipment. Madden also was mad because they had not sold the methamphetamine. Hunt eventually sold 8 of the 10 pounds he had taken, gave 2 pounds back, and paid Williams the amount they had agreed on for 10 pounds. The day that Hunt paid Williams, Hunt thought some of Madden's people were coming to get his money and the remainder of the marijuana shipment. Hunt thought his involvement in selling drugs was over.
In May 1997, Williams told Hunt that someone had sold 5 pounds of the methamphetamine, but they had to sell the remaining 15 pounds. Williams related anecdotes to Hunt about the ruthlessness of the people supplying the drugs.
Also in May, Williams received another shipment of marijuana, and Hunt took 10 pounds. Hunt paid nothing at the time he took the marijuana. Hunt testified that, because the market in Salina was glutted, he was unable to sell the marijuana. Hunt was "paying for what had gotten," but he had to say no to Williams on several occasions when he asked if Hunt had money to buy methamphetamine.
In June, Williams told Hunt that the California people were angry because Hunt had not come up with any money to buy the methamphetamine. On Friday, June 6, Williams returned to Hunt a .357 Magnum handgun that Hunt earlier had sold to Williams. Williams told Hunt that he would need the gun and that Madden was threatening to kill him. Williams said that he would ask Madden if there was a possibility that Hunt "could just buy way out of this" instead of buying the methamphetamine. It was Hunt's und
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