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Stevenson v. State3/2/2001
Patricia Stevenson was indicted for murder under § 13A-6-2, Ala. Code 1975. A jury convicted her of the lesser included offense of manslaughter, and she was sentenced to 20 years' imprisonment. Stevenson was ordered to pay $100 to the victims compensation fund, and $3,210 in restitution to the sister of the victim. Stevenson filed a motion for new trial, which the trial court denied. On appeal, Stevenson contends that the trial court committed reversible error 1) by refusing a requested jury charge regarding the deceased's intoxication at the time of the offense, 2) by failing to admit into evidence photographs of a knife found at the scene, and 3) by excusing a juror after closing arguments, at the State's request.
The testimony at trial indicated that the victim, Sonya Byrd, had just picked her children up from school and was driving near her mother's home when she saw Stevenson walking near a store where they were stopping. She stopped her vehicle and she and Stevenson exchanged words regarding money Stevenson owed Byrd's son. Byrd then drove to her mother's home.
When Byrd entered her mother's neighborhood, she again saw Stevenson. Stevenson was outside Stevenson's home, and Byrd stopped the car and the two again exchanged words. Byrd got out of the car; the two argued, and the women began fighting. Stevenson testified that Byrd pulled out a knife and tried to stick her with it. Stevenson then went inside her house, and Byrd said, "Bring it on, bitch!" When Stevenson came out of her house with the gun, Byrd got in her car and started the engine. As Stevenson fired shots, Byrd's car moved toward Stevenson at a speed of 10-20 miles per hour, knocking down a fence. It eventually came to rest in Stevenson's yard. Byrd was pronounced dead at the scene from a gunshot wound. Stevenson argued that she shot in self-defense because she believed Byrd was trying to run over her with her car.
Dr. Robert Brissie, Jefferson County Coroner, testified that toxicology tests performed on Byrd indicated that her blood alcohol level at the time of her death was .16. Dr. Brissie also testified that drug screens indicated that Byrd had a small amount of cocaine in her system at the time of death. Dr. Brissie also stated that tests showed the presence of cocaine metabolite, indicating that the alcohol and cocaine were consumed in the same time frame.
I.
Stevenson first argues that the trial court erred when it refused to give a jury instruction she had requested regarding the victim's intoxication. Stevenson argued at trial that she shot Byrd in self- defense, and the trial court charged the jury on self-defense. Stevenson also requested the following jury charge:
"The Court charges the jury that if you believe from the evidence that the deceased at the time of his or her death was under the influence, the deceased was aggressive, or belligerent or quarrelsome, then you should consider those facts in determining whether or not the defendant acted in self-defense in killing the deceased as I have explained the law governing self- defense to you." (C.R. 37.)
The trial court refused to give this charge and Stevenson timely objected to its refusal.
On appeal, the State concedes that it was error for the trial court not to give the instruction, but argues that the refusal of the intoxication instruction was harmless error. The State argues that evidence of the decedent's high blood alcohol level was presented throughout the trial. The State contends that the jury was fully aware of the fact that the decedent was intoxicated, and that the jury quite probably used its common sense in weighing the evidence of Byrd's intoxication and its
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