State v. Concepcion

In State v. Concepcion, 111 N.J. 373, 545 A.2d 119 (1988) defendant, who was convicted of reckless manslaughter, left a loaded handgun in his apartment, and after returning later that evening with guests, a victim was shot and killed. 111 N.J. at 375, 545 A.2d 119. Defendant claimed an accidental shooting. The reckless manslaughter charge tracked the model jury charge and included the following instructions as to the element of recklessness: You must find that the defendant was aware of and consciously disregarded a substantial and unjustifiable risk that death would result from his conduct. The risk must be of such a nature and degree that considering the nature and purpose of the defendant's conduct and the circumstances known to him, his disregard of that risk is a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. In other words, you must find that the defendant was aware of and consciously disregarded the risk or possibility of causing death. You will have to determine whether in light of all the circumstances, its presence in the defendant's home created or presented a substantial and unjustifiable risk which the defendant was aware of and consciously disregarded. If you are not satisfied beyond a reasonable doubt that the defendant did both in fact cause the death of Jacqueline Jones and did act recklessly in causing that death, then you must find the defendant not guilty . . . .Id. at 378, 545 A.2d 119. After deliberation, "the jury asked the court for a clarification of the definition of recklessness," and the "court limited its recharge to a repetition of the statutory definition of manslaughter." Ibid. In reversing the reckless manslaughter conviction, the Supreme Court noted that "it is not always enough simply to read the applicable provision of the Criminal Code, define the terminology, and set forth the elements of the crime . . . . Ordinarily, the better practice is to mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case." Id. at 379, 545 A.2d 119. Under the circumstances of that case, the Court thought the better practice would have been for the trial judge to explain to the jury that it had to make a preliminary finding as to what happened that night and based on that finding, "the jury should have been told to measure all of the defendant's relevant conduct against the legal standard for reckless manslaughter." Id. at 380, 545 A.2d 119. The trial court inadequately guided the jury because he mentioned only leaving the loaded gun on his bookshelf; he did not mention "leaving the gun on the bookcase, bringing a group of people into his apartment, allowing them into the living room although a loaded gun was there, and the manner in which he handled the gun, i.e., the way he tried to wrestle it from the victim . . . ." Id. at 380, 545 A.2d 119. As the following reflects, the Supreme Court's primary concern was in the selectiveness of the judge's recitation of the facts, a recitation the Court thought helpful given the particular circumstances: In this case, it would have been helpful for the trial court to have explained to the jury that it had to make a preliminary finding concerning what occurred in defendant's living room on the night of the shooting. Then based on that finding, the jury should have been told to measure all of defendant's relevant conduct against the legal standard for reckless manslaughter. Therefore, the jury should have been instructed to evaluate the state of mind defendant possessed throughout the entire sequence of relevant events, which included leaving the gun on the bookcase, bringing a group of people into his apartment, allowing them into the living room although a loaded gun was there, and the manner in which he handled the gun, i.e., the way he tried to wrestle it from the victim before the victim was shot. The trial court was too selective in mentioning only defendant's conduct in leaving the loaded gun on the bookshelf. The jury heard extended testimony concerning the firearms training defendant had received in connection with his efforts to become a special police officer. This, in conjunction with the court's instruction that the jury had to determine "whether in light of all the circumstances, the gun's presence in defendant's home created or presented a substantial and unjustifiable risk which the defendant was aware of and consciously disregarded," incorrectly narrowed the focus of the jury's attention. The defendant's version of the facts, if believed by the jury, attributed the shooting to the unintentional discharge of the weapon as defendant wrestled the gun from the victim. Nevertheless, in attempting to explain its charge to the jury in the context of the testimony, the trial court omitted any mention of defendant's attempt to regain control of the weapon, restricting its explanatory comments to the reasonableness of defendant's conduct in leaving a loaded gun accessible to others in his apartment. By selectively interpreting its charge to the jury in relation to one aspect only of the critical events, the trial court may have misled the jury and influenced it to return a guilty verdict based solely on that conduct. 111 N.J. at 380-81, 545 A.2d 119. Additionally, because the Supreme Court viewed the jury's questions as suggesting that some of the jurors did not understand the concept of recklessness, it added: Rather than repeating the abstract definition that left the jury uncertain in the first place, the trial court might have explained "recklessly" by comparing it with other mental states, such as purposely (N.J.S.A. 2C:2-2(b)(1)), knowingly (N.J.S.A. 2C:2-2(b)(2)), and negligently (N.J.S.A. 2C:2-2(b)(4)). The jury's understanding of these distinctions could have been enhanced if these mental states had been clarified by illustrative examples. Id. at 381, 545 A.2d 119.