Facts
- Jared Young and David Talley were close friends.
- One night, Talley went to Young’s house to spend time together.
- After Talley arrived, he went into the living room to smoke a cigarette, and Young joined him there.
- In the living room, one of Young’s roommates handled a handgun, removed a live round from the chamber, and then handed the gun to Young.
- Young and Talley joked around while Young held the gun.
- Believing the gun was unloaded, Young pointed it at Talley and jokingly threatened to shoot him.
- Young aimed at Talley’s head and pulled the trigger.
- A live round fired, striking Talley and killing him.
- The State charged Young with second-degree murder.
- At trial, Young requested an involuntary manslaughter instruction, arguing the jury could find he committed misdemeanor negligent use of a firearm rather than acting with the mental state required for second-degree murder.
- The district court refused the involuntary manslaughter instruction, reasoning that no reasonable jury could view Young’s conduct as less culpable than felony aggravated assault with a deadly weapon.
- The jury convicted Young of second-degree murder.
- Young appealed, challenging the refusal to instruct on involuntary manslaughter.
Issues
- Did the district court err by refusing to instruct the jury on involuntary manslaughter when the evidence could allow a reasonable jury to find Young acted with criminal negligence (misdemeanor negligent use of a firearm) rather than the knowledge of a strong probability of death or great bodily harm required for second-degree murder?
Decision
- The Court of Appeals of New Mexico held the district court erred by refusing the requested involuntary manslaughter instruction.
- The court reversed Young’s second-degree murder conviction.
- The case was remanded for further proceedings consistent with the opinion.
Legal Principles
- A defendant is entitled to a lesser-included-offense instruction when there is evidence from which a reasonable jury could acquit on the greater offense and convict on the lesser offense.
- In deciding whether to give a lesser-included instruction, the court views the evidence in the light most favorable to the requested instruction and does not weigh credibility or resolve conflicts in the evidence.
- New Mexico second-degree murder requires proof that the defendant knew the defendant’s acts created a strong probability of death or great bodily harm (malice).
- Involuntary manslaughter may be supported by evidence that the defendant killed another person without malice while performing a lawful act without due caution and circumspection, including where the killing occurs during commission of a misdemeanor such as negligent use of a firearm.
- When evidence would permit a finding that the defendant believed the gun was unloaded and acted carelessly rather than with awareness of a strong probability of death or great bodily harm, the jury may rationally choose involuntary manslaughter over second-degree murder.
- A trial court may not reject a lesser-included instruction based on a categorical view that the defendant’s conduct must amount to a particular felony if the evidence also supports a lesser mental state for a lesser offense; the choice between supported mental states belongs to the jury.
Conclusion
State v. Young, 495 P.3d 1189 (2021), held that when the evidence could allow a reasonable jury to find a fatal shooting resulted from negligent handling of a firearm that the defendant believed was unloaded, the defendant is entitled to an involuntary manslaughter instruction, and the trial court’s refusal to give that option required reversal of the second-degree murder conviction and remand.