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STATE v. THERRIEN5/14/1997
[ 1] Travis Therrien appeals from a judgment entered in the Superior Court (Penobscot County, Kravchuk, J.) following a jury verdict finding him guilty of manslaughter (Class A), 17-A M.R.S.A. § 203 (Supp. 1996), for the death of Robert Reynolds. Therrien contends, inter alia, that the trial court erred by denying his requested jury instructions on voluntary conduct. We agree and vacate the judgment.
[ 2] Therrien entered a plea of not guilty to the charge of intentionally or knowingly causing the death of Robert Reynolds in violation of 17-A M.R.S.A. § 201(1)(A) (1983). The record reflects that at the trial on that charge the jury, inter alia, heard the following evidence: Robert Reynolds, aged 32 years, died shortly after sustaining a shotgun wound to the abdomen in the early morning hours of July 14, 1994, at a second-floor apartment on Silk Street in Brewer that Therrien, aged 19 years, shared with Chris Maxwell, aged 20 years. At approximately 1:00 a.m. on July 14, while walking to a convenience store, Therrien and Maxwell encountered Reynolds on the street near their apartment building. Although they had met Reynolds only once before, they were aware he indirectly supplied the marijuana they purchased from Reynolds' younger brother, Chris. Both Therrien and Maxwell had consumed LSD and marijuana earlier that evening, but Therrien denied he was still affected by the drugs when they met Reynolds. They surmised Reynolds was drunk. Both Therrien and Maxwell related that Reynolds acted in a mocking and harassing manner, especially towards Maxwell. The men testified
[ 3] Reynolds followed Therrien into the building. As Therrien and Reynolds came up the stairs, Therrien said to Reynolds, "You are just calling your brother Chris, right?" Reynolds replied "yes", and they proceeded up the stairs into the apartment. Therrien told Maxwell that Reynolds wanted to use the telephone and that nothing could be done about it. Once inside, Reynolds took off his coat, held it out with his left hand and said, "Look at me, boys, I'm not a very big man, what are you afraid of?" He then dropped his coat and sat down on a recliner facing away from the hall entrance to the living room, where he remained. Reynolds had no weapons.
[ 4] Reynolds did not attempt to call his brother Chris. Instead he sat quietly for a short time and then began again to orally harass Maxwell, who was also sitting in the living room. Therrien was originally seated in the living room with Maxwell and Reynolds, but after getting up to get a drink of water in the kitchen, remained in the living room archway located behind and to the right of where Reynolds was seated.
[ 5] Reynolds made several telephone calls while seated in the recliner. He told Therrien to look up telephone numbers and dial the telephone. Both Maxwell and Therrien testified they were afraid to ask Reynolds to leave because they were convinced that ordering him to leave would have resulted in a fight. Reynolds told them "he had a 9-millimeter backing him up and that he knew how to use it and that you shouldn't — you shouldn't be talking about one if you're not prepared to use one." Therrien testified that Reynolds was acting in an unpredictable manner, intermittently orally harassing both him and Maxwell and boasting to them. This continued for approximately one hour.
[ 6] At approximately 3:10 a.m., Therrien decided that Reynolds had to leave. He walked to his bedroom to find another telephone to plug in and to call Reynolds' brother, Chris, to get Reynolds to leave. Unable to find the telephone, he testified that he wanted something to "equalize the situation" when he asked Reynolds to leave. Therrien searched unsuccessfully for h
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