State v. Fullard, 242 N.C. App. 521

Defendant Reginald Fullard was tried and convicted of assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI) and possession of a firearm by a convicted felon; he waived counsel and proceeded pro se.
State evidence: Fullard pulled a small .25 caliber handgun and shot victim Frazier in the chest after a confrontation precipitated when Andrea Hart approached Frazier and then struck Fullard; witnesses testified Frazier was unarmed and trying to calm things.
Police recovered the handgun hidden in Fullard’s dryer; Fullard was arrested and tried in Forsyth County Superior Court.
Fullard testified he feared for his safety because of prior tensions and perceived threats, but he also repeatedly described the shooting as accidental during a struggle and denied intending to shoot Frazier.
The jury convicted on both counts; the court sentenced Fullard to concurrent prison terms and he appealed, arguing the trial court erred by refusing a self-defense jury instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying a self-defense instruction	The State argued the evidence did not support that Fullard subjectively believed deadly force was necessary or that such belief was reasonable	Fullard argued his testimony and witnesses (including statements he made at the scene) permitted a reasonable inference he acted in self-defense	Court held no error: defendant’s testimony that the shooting was accidental and lack of evidence of an actual reasonable fear foreclosed a self-defense instruction

State v. Adams, 335 N.C. 401 (N.C.) (trial court must instruct on defenses raised by the evidence)
State v. Lewis, 27 N.C. App. 426 (N.C. Ct. App.) (self-defense instruction required only if some construction of evidence permits reasonable inference of self-defense)
State v. Bush, 307 N.C. 152 (N.C.) (two-part test: subjective belief and its reasonableness to merit self-defense instruction)
State v. Williams, 342 N.C. 869 (N.C.) (defendant who insists he did not intend to shoot is not entitled to self-defense instruction)
State v. Reid, 335 N.C. 647 (N.C.) (vague, unspecified fear is insufficient to support self-defense instruction)
State v. Whetstone, 212 N.C. App. 551 (N.C. Ct. App.) (evidence of assault and specific threats can support reasonable apprehension for self-defense)
State v. Wallace, 309 N.C. 141 (N.C.) (reasonableness inquiry considers whether victim was unarmed and defendant had a gun)