Darrell Bryan v. Commonwealth of Kentucky
2015 SC 000467
| Ky. | Aug 23, 2017Background
- On Oct. 13, 2012 Darrell F. Bryan confronted Mickel Kimbley during an alleged drug meeting; a physical altercation left Kimbley with severe head trauma and later dead. Bryan admitted punching Kimbley; witnesses saw Bryan return carrying a baseball bat and later saw him take and sell Kimbley’s car.
- Bryan and co-defendant Jennifer Hack were arrested, tried jointly; Hack acquitted, Bryan convicted by a Jefferson County jury of murder, first-degree robbery, theft by unlawful taking, and tampering with physical evidence; sentenced to 50 years.
- Bryan’s taped police statement claimed he thought Kimbley pulled a gun and that he punched him once; pathologist testified the admitted punch would not alone have caused death—death resulted from excessive blunt force trauma.
- Trial court instructed on perfect self-defense and on murder, first-degree manslaughter, and second-degree manslaughter, but refused Bryan’s requested imperfect (partial) self-defense instruction and denied a standalone reckless-homicide instruction.
- Bryan appealed, raising instructional errors (imperfect self-defense, reckless homicide, no-duty-to-retreat), juror removal for cause, admission of prior-bad-act evidence, and sufficiency on tampering with evidence.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Bryan) | Held |
|---|---|---|---|
| Failure to give imperfect (partial) self-defense instruction under KRS 503.120(1) | Instruction not required or error harmless because jury convicted of murder (rejected perfect self-defense). | Court should have given imperfect self-defense since evidence supported subjective belief of threat but objective excessiveness of force; omission reversible error. | Trial court erred in omitting imperfect self-defense instruction but error was harmless. |
| Failure to instruct on standalone reckless homicide | Jury rejected lesser included manslaughter; reckless instruction would not change outcome. | Jury should have been instructed on reckless homicide as a standalone lesser offense. | Any error was harmless given murder conviction—jury rejected lesser offenses. |
| Denial of no-duty-to-retreat instruction | No statutory trigger (KRS 503.055/503.050) applicable; no abuse. | Requested instruction should have been given. | No-duty-to-retreat instruction not required; no error. |
| Directed verdict on tampering with physical evidence | Evidence of Bryan leaving scene carrying bat and bat not recovered supported tampering conviction. | Insufficient evidence of concealment or other elements; mere removal of evidence from scene is not necessarily tampering. | Conviction for tampering reversed and sentence vacated (insufficient as a matter of law). |
| Juror struck for cause | Strike proper given expressed bias toward drug dealers and inability to be impartial. | Strike was improper. | Trial court did not abuse discretion in striking juror. |
| Admission of prior bad acts (cage fighting, drug use, domestic violence) | Evidence was relevant (physical capability, motive, witness fear/impeachment). | Evidence was prejudicial prior-acts evidence improper under KRE 404(b). | Admission was within discretion and not an abuse; no reversible error. |
Key Cases Cited
- Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013) (discusses imperfect self-defense and objective standard for recklessness/wantonness)
- Mullins v. Commonwealth, 350 S.W.3d 434 (Ky. 2011) (explains limits of tampering charges when defendant leaves scene with evidence)
- McAtee v. Commonwealth, 413 S.W.3d 608 (Ky. 2013) (tampering analysis and related sufficiency principles)
- Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (standard for reversing denial of directed verdict)
- Winstead v. Commonwealth, 283 S.W.3d 678 (Ky. 2009) (harmless error standard under RCr 9.24)