O' Brien v. State

In O' Brien v. State, 45 P.3d 225 (Wyo. 2002), the defendant, an older man, attacked a young victim and brutally beat him with his fists. The victim suffered severe injuries, and O'Brien was convicted of aggravated assault and battery. At trial, O'Brien's jury was instructed that it must determine, first, whether O'Brien acted intentionally, knowingly or recklessly, and then was required to determine whether that act was committed under circumstances manifesting extreme indifference to the value of human life. O'Brien explained that the last term modified only the term "recklessly." Although O'Brien differs from this case because that jury was instructed on the additional elements of "intentionally and knowingly," we nevertheless find it appropriate to repeat our discussion of the meaning of the term "recklessly under circumstances manifesting extreme indifference to the value of human life." O'Brien decided that the term is intended to distinguish between reckless conduct that would justify only a battery conviction and a "special character of recklessness, or extreme recklessness." It concluded that, by delineating this special character of conduct, the statute was designed to more severely punish battery where the defendant's actions would have justified a murder conviction had his victim not fortuitously lived. O'Brien quoted the commentaries of the Model Penal Code as advising that when recklessness is properly defined for the jury, the point involved is put adequately and succinctly by asking whether the recklessness rises to the level of "extreme indifference to the value of human life . . . because it seems undesirable to suggest a more specific formulation." In an aggravated assault and battery trial, the jury should be given an instruction defining "reckless under circumstances manifesting extreme indifference to the value of human life" rather than just "reckless." Id. "That definition will provide the statutory definition of reckless but must include language explaining that if the jury determines the defendant acted recklessly, the jury must then determine whether that recklessness rose to the level of 'extreme indifference to the value of human life.'" Id. In O'Brien, the more precise instruction was not given; however, the failure to do so was determined not to be error because the evidence supported the jury verdict under any of the three elements, "intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life." Id. O'Brien clarified that the statutory intent behind the language "intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life" was to reach extremely reckless conduct that resulted in serious physical injury in the same manner as when the requisite state of mind resulted in serious physical injury.