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State v. Runyon11/2/2005
. Not all principals are automatically guilty of the same grade of offense as the main offender because the mental state of the offenders may be different. State v. Brooks, 505 So.2d 714(La.), cert. denied, 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d 363 (1987). Thus, "an individual may only be convicted as a principal for those crimes which he personally has the requisite mental state." Id. The intent of the accomplice cannot be inferred to the accused. State v. Holmes, 388 So.2d 722 (La.1980).
Specific intent is "that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." LA.REV.STAT. § 14:10(1). Because specific intent is a state of mind, it need not be proven as a fact but may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982).
Thus, the State had to prove Defendant Runyon had the specific intent to kill Mr. Dulworth to sustain his conviction of second degree murder.
In State v. Dozier, 553 So.2d 911 (La.App. 4 Cir. 1989), writ denied, 558 So.2d 568 (La.1990), Dozier and co-defendant Walton were visiting at the home of Gail Thomas, an apartment that she shared with the victim, Harvey. Harvey and Walton got into an argument over money and after Walton spit on Harvey, they started fighting in the living room. The fight continued outside, and Harvey threw Walton on the ground. Later that morning, Harvey, needing to leave, found that his vehicle was blocked by Walton's vehicle. Harvey sent Thomas' brother, George Yarbrough, to ask Walton to move his vehicle. Walton appeared with Dozier and his brother, and Walton told Harvey if he wanted the car moved, he'd have to do it himself. Harvey left, then returned and got his brother Benjamin, and the two approached Walton's vehicle. Walton was under the dashboard working on the radio. When Harvey inquired as to whether Walton was going to move the car, Walton again told him to move it himself. Harvey punched Walton in the face, and Dozier exited Walton's car with a gun. He held it at Benjamin, who walked away. Dozier then pointed the gun at Harvey and they began arguing. While they were arguing, Walton pulled a gun from under the car seat and shot Harvey.
On appeal, the fourth circuit found that Dozier was not a principal to Walton's actions because there was little evidence which showed that Dozier had any idea that Walton was going to kill Harvey. The court noted that Dozier may have been protecting himself from attack. Thus, it reversed Dozier's conviction of manslaughter.
In his statement to police, Defendant Runyon stated he was aware that Defendant McDonald carried a knife, and the evidence established that Defendant Runyon and his friends were, at the least, willing participants in the fight. However, the evidence does not establish that Defendant Runyon had any reason to anticipate that Defendant McDonald would attack Mr. Dulworth or that such an attack would be as vicious as it was. The evidence does establish that Defendant Runyon's attempts to stab Mr. Dulworth were in response to his hitting him. The evidence does not establish that Defendant Runyon "actively desired" potentially fatal injuries to be inflicted on Mr. Dulworth. As in Dozier, we conclude that the State did not establish that Defendant Runyon had the specific intent to kill Mr. Dulworth.
Pursuant to La.Code Crim.P. art. 814(3), guilty of attempted manslaughter and guilty of aggravated battery are responsive verdicts for attempted second degree murder. Attempted manslaughter also requires the specific intent to kill. State v. Hutcherson, 3
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