Albretsen v. State, 454 S.W.3d 232

Defendant Johnathan Albretsen (age 24) lived with his mother, stepfather Joe Gonsalves (victim), and half-brother. A domestic dispute on Feb. 16, 2013 escalated and the victim was fatally stabbed in the chest.
Eyewitness (half-brother Grant Quick) testified to heated words, the victim holding Albretsen by the shoulders to calm him, Albretsen making an arcing motion with his hand toward the victim’s chest, a kick, blood on the wall, threats by Albretsen to “cut” their mother, and Albretsen fleeing.
Medical examiner testified death resulted from a triangular, single-edged-knife wound that punctured the lung and nicked the pulmonary artery; the wound’s shape suggested the knife was turned after insertion.
Albretsen was tried on first- and second-degree murder, manslaughter, and aggravated and first-degree domestic assault; jury convicted only of manslaughter and sentenced to five years’ imprisonment.
Albretsen moved for a directed verdict (sufficiency challenge) and requested a negligent-homicide jury instruction; both were denied. He appeals arguing insufficient evidence for manslaughter and erroneous refusal to instruct on negligent homicide.

Issue	Albretsen's Argument	State's Argument	Held
Sufficiency of evidence for manslaughter (recklessness or extreme emotional disturbance)	Evidence showed victim initiated contact, defendant acted in self-defense/justification, no knife shown, single blow with non-dominant hand; thus insufficient to prove recklessness or heat-of-passion manslaughter	Forensic and eyewitness evidence supports that a knife was used, defendant stabbed and twisted the knife into a vital area, and acted recklessly (or under EED not proven); jury could infer intent/recklessness	Affirmed — substantial evidence supported manslaughter (reckless conduct)
Whether negligent-homicide instruction should have been given as lesser-included offense	The physical altercation and use of a single blow support a finding defendant failed to perceive the risk (negligence) and thus entitled to negligent-homicide instruction	Evidence showed deliberate stabbing and twisting of a knife into a vital area, which is more than mere negligence; no rational basis for negligent-homicide instruction	Affirmed — no slightest evidence supporting negligent homicide; trial court did not abuse discretion

Spight v. State, 101 Ark. App. 400, 278 S.W.3d 599 (Ark. Ct. App.) (jury may infer intent from circumstances; standard for sufficiency review)
Cobb v. State, 340 Ark. 240, 12 S.W.3d 95 (Ark. 2000) (justification and recklessness/neligence culpability incompatible)
Merritt v. State, 82 Ark. App. 351, 107 S.W.3d 894 (Ark. Ct. App.) (same principle regarding justification vs. reckless/negligent offenses)
Bargery v. State, 37 Ark. App. 118, 825 S.W.2d 831 (Ark. Ct. App.) (credibility and weighing of justification evidence are for the jury)
Jones v. State, 2012 Ark. 38, 388 S.W.3d 411 (Ark.) (lesser-included offense instruction required if even slightest evidence supports it)
Taylor v. State, 28 Ark. App. 146, 771 S.W.2d 318 (Ark. Ct. App.) (justification is question of fact for the jury)