Facts
- Shelton Adams, Jr. and Sherman Sims obtained a .38 caliber handgun after asking a neighbor, Nathan Roberts, for a gun; Roberts handed the handgun to Adams.
- In the early morning of April 16, 1990, Adams and Sims took a taxicab driven by Allen Hansen, sitting in the back seat with Sims positioned behind Hansen.
- Sims directed Hansen to pull over behind a school; once stopped, Sims placed the gun against Hansen’s neck and fired, killing him.
- Sims injured his finger during the shooting.
- Adams and Sims exited from the driver’s side, pulled Hansen from the cab, and took two of Hansen’s wallets.
- At trial, Adams claimed he did not shoot Hansen and asserted that he fled once Sims drew the gun, seeking a jury instruction on renunciation/withdrawal as to felony-murder liability.
Issues
- Whether the evidence required a jury instruction on the affirmative defense of renunciation (withdrawal) to accomplice liability for felony murder.
- What conduct is required for effective renunciation where the defendant previously provided substantial assistance, including supplying the firearm used in the homicide.
Decision
- The Connecticut Supreme Court affirmed the convictions and sentence.
- The trial court properly refused to instruct the jury on renunciation because there was no evidentiary foundation from which a rational jury could find effective withdrawal.
- Adams’s claimed “flight” did not constitute repudiation of prior aid or action that deprived his assistance of effectiveness, particularly given his role in obtaining the handgun.
Legal Principles
- Renunciation as a defense to accomplice liability is narrowly limited and requires more than desistance; it generally requires complete and voluntary abandonment plus affirmative rejection of the criminal plan.
- Mere change of mind, presence, or flight from the scene does not establish renunciation.
- An accomplice who has provided substantial aid must repudiate that aid and deprive it of effectiveness to withdraw.
- Where the accomplice’s aid includes supplying arms, effective withdrawal requires action that prevents the confederate’s use of the weapon; a statement of withdrawal or departure is insufficient.
- A defendant is entitled to a requested defense instruction only if evidence exists from which a rational jury could find each element of the defense.
Conclusion
Because Adams’s proof showed, at most, that he left after the gun was displayed, and did not show any affirmative steps to undo or neutralize his earlier assistance in arming Sims or to prevent the robbery and killing, the court held that a renunciation instruction was not warranted and affirmed the felony-murder conviction.