Commonwealth v. Hasch
2013 Ky. LEXIS 393
| Ky. | 2013Background
- Janice Hasch shot and killed her husband in 2008; she admitted firing the shot but claimed self-defense. The jury acquitted her of murder and manslaughter but convicted her of reckless homicide and sentenced her to two years. The Court of Appeals reversed the reckless homicide conviction for insufficient evidence. The Commonwealth sought discretionary review.
- Hasch testified she found her husband’s gun, a struggle ensued, he threatened her and moved toward her, and she — believing deadly force necessary — fired at close range. Police found no corroborating physical evidence of a struggle; Hasch earlier told officers she "could have left."
- Reckless homicide under Kentucky law can be established either by (1) a "straight" reckless theory (failure to perceive a substantial risk of death) or (2) an "imperfect self-defense" theory (actual but unreasonable/mistaken belief that deadly force was necessary). The jury’s acquittal of murder implied acceptance of Hasch’s subjective belief, leaving only imperfect self-defense as a plausible basis for a lesser conviction.
- The trial court instructed the jury on both theories of reckless homicide and included a statutory "no duty to retreat / stand your ground" instruction (KRS 503.055(3)). The Commonwealth introduced Hasch’s pretrial statement that she "could have left" as evidence that she had an avenue of retreat.
- The Supreme Court (Venters, J.) reversed the Court of Appeals and reinstated the reckless homicide conviction, holding the evidence insufficient for "straight" reckless homicide but sufficient under the "imperfect self-defense" theory; it also ruled that evidence of an available avenue of retreat is generally inadmissible to negate a defendant’s subjective belief in the necessity of force and approved mandatory "no duty to retreat" jury instructions when applicable.
Issues
| Issue | Commonwealth's Argument | Hasch's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for reckless homicide (which theory) | Evidence supported jury instruction on both straight and imperfect self-defense reckless homicide | Only murder or acquittal by self-defense were consistent; reckless homicide unsupported | Straight reckless homicide unsupported; imperfect self-defense reckless homicide supported — conviction reinstated |
| Admissibility of evidence that defendant "could have retreated" | Relevant to state of mind and objective reasonableness for imperfect self-defense; admissible | Such evidence improperly undermines statutory no-duty-to-retreat and is irrelevant to defendant's subjective belief | Evidence of an available avenue of retreat is generally inadmissible to disprove subjective necessity belief; may be admitted only if inextricably intertwined with other evidence |
| Validity of giving a statutory "no duty to retreat" instruction | Should be considered among jury instructions when statutes apply | N/A (defendant had requested instruction) | Trial courts must give a no-duty-to-retreat instruction (KRS 503.055(3)) when applicable and requested |
| Combination instruction (multiple culpability theories) and unanimity | Combination instruction acceptable if evidence supports each theory | Combination deprived Hasch of unanimous verdict because straight theory lacked support | No unanimity violation here: no reasonable possibility jury relied on straight reckless theory, so verdict remains unanimous |
| Pretrial immunity hearing under KRS 503.085 | Trial court erred in not holding a probable-cause immunity hearing | Failure deprived Hasch of statutory process | Error acknowledged but harmless: probable cause existed to deny immunity, so no relief warranted |
Key Cases Cited
- Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004) (explains two theories of reckless homicide and imperfect self-defense)
- Commonwealth v. Jones, 283 S.W.3d 665 (Ky. 2009) (standard for sufficiency review: view evidence in light most favorable to Commonwealth)
- Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (directed verdict/sufficiency standards)
- Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009) (addresses KRS 503.085 immunity procedure and retreat as a factor)
- Travis v. Commonwealth, 327 S.W.3d 456 (Ky. 2010) (combination instructions and unanimity/harmlessness)
- Malone v. Commonwealth, 364 S.W.3d 121 (Ky. 2012) (unanimity problem when an included theory lacks evidentiary support)
- Simpson v. Commonwealth, 889 S.W.2d 781 (Ky. 1994) (jury may not impose a fine in felony case; fine is the judge's responsibility)