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State v. Boone1/30/2004
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The defendant left with Steward, whose stated intention was to "kick the fag's ass and take his shit." They returned with Eads' CD player and left again after the defendant told his girlfriend they were going to wipe off fingerprints. A fire which was later determined to have been intentionally set was reported at Eads' dwelling the same time the defendant returned to the Christner residence. Eads was discovered some time later with several blunt force injuries and a stab wound to his head. Eads' injuries were severe enough to expose the bone and injure his brain. The coroner opined that Eads was still alive at the time of the intentionally set fire and that he sustained burns over 50% of his body. This evidence supports the conclusion that the defendant had the time and the opportunity to think about intentionally killing Eads. The defendant's fingerprint was found on the computer equipment from Eads' residence in the trunk of a car the defendant had borrowed, and the defendant attempted to pawn this stolen equipment the next morning. A stone with Eads' blood on it was found in the trunk and Eads' blood was on the defendant's jeans.
The above circumstances echo and support the five circumstances from which this court has said an inference of premeditation may arise. See 275 Kan. 502, Syl. 5.
(1) The nature of the weapons used in this case consisted of a candlestick holder with blood and human hair on it found at the scene, a wooden staff with blood and biological matter on it, a stone with Eads' blood on it, and a knife that the autopsy indicated was used to make a stab wound to Eads' head. Finally, a fire was intentionally set resulting in smoke inhalation and thermal burns which contributed to Eads' death. Eads' injuries were severe enough to expose the bone and injure his brain.
(2) Other than the victim's attempt to sell cocaine to Steward in exchange for a blow job, there is no evidence to suggest any provocation for the killing. The evidence establishes just the opposite and supports the inference that the victim's sexual orientation provoked Steward and the defendant.
(3) Conduct before and after the killing indicates that a threat was made by Steward and shared with the defendant. At a time when the victim was still alive, Steward and the defendant returned to his home and intentionally set it on fire, which together with head trauma caused the death of the victim. After the killing, the defendant attempted to sell the victim's property taken from his home the night of the killing.
(4) Threats and declarations of the defendant before and during the occurrence consist of Steward making threats before the killing, which threats were joined in by the defendant, that they wanted to beat the victim and steal items from him. Steward and the defendant returned to the victim's house declaring that they intended to destroy evidence of their presence in the house. Upon their return, a fire was intentionally set, resulting in the final cause of the victim's death.
(5) The dealing of lethal blows after the deceased was felled and rendered helpless is supported in this case by the intentionally set fire. Strong circumstantial evidence suggests that the victim's house was intentionally set on fire, which was a lethal blow to the deceased after he was rendered helpless by the trauma to his head.
Under the circumstances of this case, we conclude that there was no reasonable possibility a jury would have found the defendant guilty of intentional second-degree murder or voluntary manslaughter. The trial court had no duty to instruct the jury on these charges and its failure to do so was not erroneous.
Affirmed.
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