922 S.E.2d 239
S.C. Ct. App.2025Background
- Clark was involved in a June 9, 2021 shootout at a Lexington County mobile home park, targeting those shooting at him.
- Clark testified he retrieved an AK pistol and fired toward the address where he believed the threat originated, aiming to stop the gunfire.
- A round from Clark’s fire struck Lot 15’s mobile home, killing an eleven-year-old girl (Victim).
- Trial court denied involuntary manslaughter and voluntary manslaughter instructions; self-defense was charged to the jury.
- Clark was convicted of murder, discharging a firearm into a dwelling, and possession of a weapon during the commission of a violent crime; sentenced to 48 years total; State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary manslaughter should have been charged | Clark argued factual basis for involuntary manslaughter existed. | State contends no unintentional killing or reckless disregard proven. | Affirmed; no involuntary manslaughter instruction warranted. |
| Whether voluntary manslaughter under transferred intent should have been charged | Clark contends heat of passion and transferred intent apply; provocation from victim or third party. | State argues no sufficient provocation from victim; transferred intent not applicable to voluntary manslaughter. | Affirmed; no voluntary manslaughter instruction warranted. |
Key Cases Cited
- State v. Wigington, 375 S.C. 25 (S.C. Ct. App. 2007) (criminal negligence required for involuntary manslaughter)
- State v. Light, 378 S.C. 641 (S.C. 2008) (negligent handling of a loaded gun supports involuntary manslaughter)
- Sullivan v. State, 407 S.C. 241 (S.C. Ct. App. 2014) (no involuntary manslaughter where gunfire was intended or deliberate)
- State v. Shuler, 344 S.C. 604 (S.C. 2001) (trial court controls jury instruction based on evidence)
- State v. Crosby, 355 S.C. 47 (S.C. 2003) (lesser-included offenses require some evidentiary support)
- State v. Starnes, 388 S.C. 590 (S.C. 2010) (view evidence in defendant's favor for lesser-included offense)
- Childers, 373 S.C. 367 (S.C. 2007) (voluntary manslaughter requires heat of passion provoked by the victim)
- State v. Niles, 412 S.C. 515 (S.C. 2015) (no voluntary manslaughter where fear did not cause uncontrollable impulse)
- State v. Locklair, 341 S.C. 352 (S.C. 2000) (provocation must originate from the victim)
- State v. Leggette, 440 S.C. 590 (S.C. Ct. App. 2023) (transferred intent considerations in voluntary manslaughter context)
- State v. Wharton, 381 S.C. 209 (S.C. 2009) (transferred intent and voluntary manslaughter unsettled in SC)