State of West Virginia v. Brian Daniel Hayslett
15-0933
| W. Va. | Nov 7, 2017Background
- Victim Rhonda McCoy was fatally stabbed 23 times between midnight and 3:00 a.m.; cause of death showed a prolonged, violent attack. Defendant Brian Hayslett was arrested the next morning after a blood trail led from the crime scene to a trailer he shared with his girlfriend. He confessed on scene to stabbing the victim and gave detailed statements to police.
- Hayslett admitted killing the victim but testified at trial that he had no memory of the relevant period due to heavy intoxication from Xanax and alcohol; defense theory was that intoxication negated the deliberation/premeditation necessary for first‑degree murder and at most supported second‑degree murder.
- Witnesses (girlfriend and mother) described Hayslett as intoxicated, with some testimony that he was ‘‘fairly’’ or ‘‘very’’ intoxicated and acting bizarrely; other witnesses and officers testified he did not appear impaired when interviewed the morning after.
- Physical and circumstantial evidence showed purposeful action: he obtained a knife, ran ~176 yards to the victim’s trailer, stabbed the victim multiple times, and returned home minutes later and confessed to family.
- At trial the defense requested a voluntary intoxication jury instruction; the court refused, finding the evidence insufficient to show the required level of gross or extreme intoxication to negate deliberation. The jury convicted Hayslett of first‑degree murder without mercy; the Supreme Court of Appeals of West Virginia affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hayslett) | Held |
|---|---|---|---|
| Whether the trial court erred in refusing a voluntary intoxication instruction reducing first‑degree murder to second‑degree if intoxication negated premeditation | Evidence did not show gross/extreme intoxication; defendant acted deliberately (obtained knife, ran to trailer, stabbed repeatedly) and gave coherent, detailed confessions | Hayslett claimed extreme intoxication from Xanax and alcohol that rendered him incapable of deliberation/premeditation, warranting instruction | Court: No abuse of discretion in refusing instruction; evidence did not support gross intoxication and facts (planning, purposeful acts, detailed confessions) contradicted memory‑loss claim; conviction affirmed |
| (Raised in dissent) Whether excluding lay‑opinion testimony from girlfriend and mother about Hayslett’s mental state was plain error | N/A (issue not appealed by State) | Mother and girlfriend sought to testify they observed hallucinations, delusions, extreme intoxication — relevant to intoxication defense | Majority did not address; dissent argued exclusion was error and, under plain error doctrine, warranted reversal for a new trial |
Key Cases Cited
- State v. Keeton, 166 W.Va. 77, 272 S.E.2d 817 (1980) (voluntary intoxication may reduce first‑degree murder to second‑degree if intoxication prevents premeditation and did not antedate the intent)
- State v. Skidmore, 228 W.Va. 166, 718 S.E.2d 516 (2011) (defense requires showing of gross or extreme intoxication to negate deliberation)
- State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994) (standards for reversal based on refusal to give a requested instruction)
- State v. Davis, 52 W.Va. 224, 43 S.E. 99 (1902) (intoxication sufficient to destroy deliberation reduces first‑degree to second‑degree murder)
- State v. Bragg, 140 W.Va. 585, 87 S.E.2d 689 (1955) (intoxication defense available where defendant did not intentionally become intoxicated to prepare for the crime and intoxication prevented premeditation)
