State of West Virginia v. Harold D. Stambaugh, Jr.
16-0122
| W. Va. | Nov 18, 2016Background
- Defendant Harold D. Stambaugh, Jr. was indicted for first-degree murder, burglary, and brandishing a firearm; a jury convicted him of first-degree murder and brandishing and acquitted him of burglary.
- On November 7, 2014, police found the victim dead from multiple gunshot wounds at her mother's home and found Stambaugh with a gunshot wound to his mouth; a .40 caliber handgun (murder weapon) was recovered.
- Stambaugh made statements to police acknowledging he could be the shooter but claiming memory gaps/blackouts; a suicide note referencing the victim’s mother was also found among his belongings.
- Trial evidence included testimony about Stambaugh’s chronic heavy drinking and expert opinions: defense experts testified to memory impairment and impaired executive functioning; the State’s expert testified Stambaugh was capable of purposeful, sequential conduct.
- The jury found Stambaugh guilty of first-degree murder but recommended mercy; the court sentenced him to life with the possibility of parole for murder and one year for brandishing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support first-degree murder (premeditation/deliberation) | State: Evidence (confession statements, actions before/after killing, recovery of weapon, motive) supports a finding of premeditation and deliberate intent. | Stambaugh: Memory impairment from chronic alcoholism prevented capacity to premeditate or deliberate; directed verdict should have been granted. | Affirmed. Viewing evidence in the light most favorable to the State, a rational jury could find guilt beyond a reasonable doubt. |
| Exclusion of proposed expert testimony on blood alcohol concentration (BAC) | State: Trial court properly exercised discretion in evidentiary rulings; admitted statutory BAC chart instead. | Stambaugh: Trial court abused discretion by excluding expert testimony estimating BAC at time of killing. | Not reviewed on appeal—issue was not preserved (defense counsel accepted exclusion and did not object), so appellate waiver applies. |
Key Cases Cited
- State v. Guthrie, 194 W. Va. 657, 461 S.E.2d 163 (1995) (standard for reviewing sufficiency of evidence and appellate deference to jury credibility determinations)
- State v. McFarland, 228 W. Va. 492, 721 S.E.2d 62 (2011) (appellate function in sufficiency review: view evidence in light most favorable to prosecution)
- State v. Dudley, 178 W. Va. 122, 358 S.E.2d 206 (1987) (unpreserved trial errors—failure to object waives appellate review)
