Richard Cameron Wilkerson
2014 WY 136
| Wyo. | 2014Background
- On Sept. 21, 2012, Richard Wilkerson punched Brian Newman in a Buffalo bar; Newman fell, hit his head, and later died of acute intracranial bleeding. Wilkerson also allegedly kicked/stomped toward Newman after he fell. Newman’s BAC was .226%.
- Wilkerson was charged with second-degree murder under Wyo. Stat. § 6-2-104 and tried before a jury; the district court denied several Rule 29 motions and gave a malice instruction drawn from Wyoming pattern instruction language.
- The district court instructed that “malice” means the act was done intentionally without legal justification or in a manner indicating hatred, ill will, or hostility; the jury convicted and Wilkerson was sentenced to 20–40 years.
- On appeal Wilkerson challenged (1) the malice instruction and (2) sufficiency of the evidence; he also sought an instruction on spoliation (not reached on appeal).
- The Wyoming Supreme Court concluded the pattern instruction (and Wyoming precedent since Crozier) defined malice too broadly and failed to distinguish second-degree murder from manslaughter.
- The Court reversed Wilkerson’s conviction, adopting a new malice standard: the act must have been done recklessly under circumstances manifesting an extreme indifference to the value of human life, and without legal justification or excuse; it overruled conflicting precedent and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury was properly instructed on “malice” for 2d‑degree murder | State: instruction permitting malice shown by intentional act done without legal justification or showing hatred/ill will was adequate | Wilkerson: instruction should require actual intent to cause harm or at least awareness of a plain and strong likelihood of serious harm/death | Court held the instruction was improper; adopted malice = recklessness manifesting extreme indifference to human life (plus lack of legal justification) |
| Whether Wyoming precedent (Crozier and progeny) correctly defines malice | State: follow Crozier/Butcher approach treating malice as general intent including ‘‘without legal justification’’ or ‘‘hatred/ill will’’ | Wilkerson: precedent wrongly eliminated intent-to-kill and expanded 2d‑degree murder beyond legislature's intent | Court overruled precedent to the extent it allowed malice to be mere hatred or absence of justification and adopted the extreme‑indifference standard |
| Whether evidence was insufficient as matter of law under the instruction given at trial | Wilkerson: a single closed‑fist blow cannot support malice | State: facts (blindsided punch, stomp/kick, taunt) supported malice as instructed | Court concluded evidence was sufficient under the erroneous, broader instruction but reversed on instruction error; did not acquit on sufficiency ground |
| Proper jury instruction on retrial | Wilkerson: (proposed) require intent to cause particular harm or awareness death likely | State: would use adopted pattern/earlier definitions | Court: on retrial jury must be instructed malice means reckless conduct manifesting extreme indifference to value of human life and done without legal justification or excuse |
Key Cases Cited
- Crozier v. State, 723 P.2d 42 (Wyo. 1986) (held intent to kill was not required for second-degree murder; defined malice as general intent)
- Lopez v. State, 86 P.3d 851 (Wyo. 2004) (reversed a 2d‑degree murder conviction for a single open‑hand slap; discussed limits on inferring malice from minimal blows)
- Butcher v. State, 123 P.3d 543 (Wyo. 2005) (applied and discussed Crozier’s malice definitions; elaborated jury instruction issues)
- Keats v. State, 64 P.3d 104 (Wyo. 2003) (discussed malice in arson context and language about absence of legal justification)
- O’Brien v. State, 45 P.3d 225 (Wyo. 2002) (interpreted “recklessly under circumstances manifesting extreme indifference to the value of human life” using Model Penal Code commentary)
- People v. Jefferson, 748 P.2d 1223 (Colo. 1988) (described ‘‘depraved heart’’/extreme indifference concept and examples)
- State v. Wardle, 564 P.2d 764 (Utah 1977) (equated implied malice with depraved indifference; authority for extreme‑indifference standard)
- Pine v. People, 455 P.2d 868 (Colo. 1969) (authority recognizing limits on inferring malice from blows with the hand and relating implied malice to abandoned/malignant heart)