State of Missouri v. Henry R. Ramirez
2015 Mo. App. LEXIS 1109
| Mo. Ct. App. | 2015Background
- April 5, 2012: Henry Ramirez went to the Willis home; Roy and Justin Willis were stabbed and Tom Willis was found dead from multiple stab wounds. Two knives recovered; one tested positive for blood. Roy and Justin identified Ramirez and his coveralls had blood matching their DNA.
- Ramirez was charged with second-degree murder (Tom), two counts of first-degree assault (Roy, Justin), and three counts of armed criminal action. Trial was in 2014; State presented eyewitness and medical evidence of multiple stab wounds, including fatal wounds to Tom.
- Ramirez testified claiming self-defense: he said Justin assaulted him after he refused to give pills, the three Willises attacked him, he saw a knife, and he used his pocketknife to fend them off; he said he was not keeping track of how many times he stabbed victims.
- At the instruction conference Ramirez requested jury instructions for lesser-included offenses: voluntary manslaughter, involuntary manslaughter, and second-degree assault; the trial court refused and instructed only on second-degree murder, first-degree assault, armed criminal action, and self-defense.
- Jury convicted Ramirez on all counts; trial court imposed concurrent life sentences (with one life consecutive) and additional terms; Ramirez moved for new trial alleging instructional error, which was denied. He appealed raising instructional-error claims.
Issues
| Issue | State's Argument | Ramirez's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing involuntary manslaughter instruction (lesser of 2nd° murder) | No basis to convict of reckless (involuntary) killing given the evidence of multiple fatal stab wounds (knowing conduct) | Requested instruction timely; because involuntary manslaughter is a nested lesser-included offense, the court must give it when requested | Reversed: involuntary manslaughter is a "nested" lesser offense; where evidence supports the greater offense, a jury could nonetheless convict of the lesser; trial court erred by refusing the instruction |
| Whether trial court erred by refusing voluntary manslaughter instruction (lesser of 2nd° murder) | No concession (argued insufficient basis) | Requested instruction timely; evidence injected sudden passion/adequate cause; should have been submitted (though requested form deviated from MAI-CR) | Court vacated murder conviction on nested-instruction error and did not decide this issue on the merits, but indicated proper MAI-CR voluntary-manslaughter instruction should be given on retrial if evidence is same |
| Whether trial court erred by refusing second-degree assault instruction (lesser of 1st° assault) | No basis to convict of reckless assault given evidence of purposeful/knowing attempt to kill or cause serious injury | Requested instruction timely; second-degree assault is a nested lesser-included offense of first-degree assault and must be given when requested | Reversed: second-degree assault is nested under first-degree assault; trial court erred in refusing the instruction |
Key Cases Cited
- State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (sets standard for when trial court must give requested lesser-included offense instructions under § 556.046 and favors submission when in doubt)
- State v. Jefferson, 414 S.W.3d 82 (Mo. App. E.D. 2013) (recognizes assault in the second degree as a lesser-included offense of first-degree assault)
- State v. Redmond, 937 S.W.2d 205 (Mo. banc 1996) (jury may accept any or none of defendant's testimony; supports submission of sudden passion evidence to jury)