STATE OF NEW JERSEY VS. IVELIS TURELLÂ (09-02-0161, MERCER COUNTY AND STATEWIDE)
A-0525-13T3
| N.J. Super. Ct. App. Div. | Oct 27, 2017Background
- Defendant Ivelis Turell shot and killed her fiancé, Michael Whitaker, in their Trenton home on April 30, 2007; she was charged with murder and weapons offenses.
- At the scene, Turell initially told officers her six-year-old son accidentally fired the gun; at the hospital she gave alternate statements claiming an accidental discharge during a struggle and also that she fired while confronting Whitaker over abuse and debts.
- Physical evidence: a 9mm Ruger with blood, five shell casings in the house, and an autopsy concluding death from a gunshot wound; medical and ballistics experts testified for both sides.
- The jury acquitted on murder-related counts (aggravated and passion/provocation manslaughter) but convicted Turell of reckless manslaughter and possession of a weapon for an unlawful purpose.
- Turell did not object at trial to the judge’s failure to repeat the self-defense instruction for lesser-included manslaughter counts or to the judge’s retreat instruction; she later moved for a new trial and appealed after sentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Turell) | Held |
|---|---|---|---|
| Whether the trial court had to instruct the jury that self-defense applies to lesser-included manslaughter (reckless/aggravated) | No plain error; jury received a full self-defense charge before murder instructions; counsel did not request a separate recharge for manslaughter | Failure to instruct that self-defense applies to lesser-included manslaughter prejudiced defendant; evidence supported self-defense | Reversed: judge was required to instruct self-defense as to manslaughter; trial court erred and remand for new trial |
| Whether the judge’s duty-to-retreat instruction was erroneous in a home-confrontation (castle doctrine) | Any perceived error harmless because acquittal on murder counts | Erroneous retreat instruction undermined self-defense because defendant was alleged initial non-aggressor in her dwelling and owed no duty to retreat | Reversed: retreat instruction was plain error where defendant was initial non-aggressor in her dwelling; capable of producing unjust result |
| Whether defendant’s inconsistent statements/evidence supported only accidental killing (no manslaughter conviction) | State relied on jury to weigh credibility and choose among theories (accident vs. reckless) | Defense argued accidental killing should negate criminal culpability; court should have instructed on accident as acquittal basis | Not separately decided beyond effect on necessity of proper self-defense/recharge; reversal ordered for new trial on manslaughter and weapons counts |
| Whether any other trial errors (jury charge continuation, prosecutor summation, sentencing factor) required reversal | Other issues were either unpreserved or not outcome-determinative | Raised multiple additional claims on appeal (jury continuation, emotional appeals, aggravating factor) | Court limited ruling to instructional errors (self-defense and retreat); convictions reversed and remanded; other claims not addressed or were unpreserved |
Key Cases Cited
- State v. Rodriguez, 195 N.J. 165 (2008) (self-defense is a complete defense to murder and certain manslaughter charges; trial court must instruct jury if evidence supports justification)
- State v. O'Neil, 219 N.J. 598 (2014) (reiterates Rodriguez rule that self-defense instruction applies to manslaughter when supported by the evidence)
- State v. Montalvo, 229 N.J. 300 (2017) (discusses castle doctrine and the diminished duty to retreat when confrontation occurs in the home)