199 Conn. 383 | Conn. | 1986
The defendant, Jessie Garrison, was convicted, after a trial to the court, of manslaughter in the first degree with a firearm in violation of General Statutes §§ 53a-55 (a) (1) and 53a-55a (a).
The trial court’s judgment that the defendant was guilty of the crime with which he had been charged was supported by an oral memorandum of decision specifically addressing self-defense under § 53a-19 and a written memorandum of decision clarifying the court’s conclusion with respect to § 53a-20. In these two memoranda the court found the following facts. On the evening of January 2, 1982, the defendant was visiting at his sister’s apartment to watch her television. The decedent, Jeremiah Sharp, entered the apartment, obviously drunk, staggering and argumentative. The decedent and the defendant’s sister had been living together for a number of years but had recently quarreled, and the decedent had come to remove his belongings from the apartment. The decedent and the defendant’s sister engaged in a heated argument which the defendant endeavored to stop. There followed a confrontation between the defendant and the decedent about the decedent’s continued presence on the premises. The
The trial court, in its oral memorandum of decision, concluded that this evidence sufficiently raised the defense of self-defense under § 53a-19 to impose upon the state the burden of proving beyond a reasonable doubt that the defense was unavailing. It specifically found that the decedent’s effort to attack the defendant would cause a reasonable person to believe that the attacker was about to slash him, and that such a slashing could constitute great bodily harm. The court concluded nonetheless that the state had met its burden of proof because “the defendant, having had the ability to disarm [the decedent] of the revolver could easily have disarmed him, or could have retreated, and avoided him at the time when he was wielding the steak knife.” The court made no subordinate findings of fact to substantiate this conclusion.
Upon the motion of the defendant, the trial court filed a written memorandum of decision to clarify its conclusion with regard to self-defense under § 53a-20. Insofar as it is relevant to this case, § 53a-20 justifies the use of deadly physical force when a person privileged to be upon the premises, reasonably believing that force is necessary “to prevent or terminate the commission or attempted commission of a criminal trespass,” uses deadly physical force “(1) in defense of a person as prescribed in section 53a-19, or (2) when he reasonably
The parties are in substantial agreement that the statutes that codify the rights of self-defense and defense-of-premises focus on the perspective of the person claiming these defenses. The self-defense statute, in § 53a-19 (a), permits the use of deadly physical force only when “the actor reasonably believes that [his attacker] is (1) using or about to use deadly physical force, or (2) inflicting or about to inflict great bodily harm.” As we have repeatedly noted, this language presents a question of fact about what the defendant himself reasonably believed about his exposure to jeopardy under the circumstances. State v. DeJesus, 194 Conn. 376, 389, 481 A.2d 1277 (1984); State v. Corchado, 188 Conn. 653, 663, 453 A.2d 427 (1982). Similar language in § 53a-19 (b) requires recourse to retreat in lieu of the use of physical force only when the actor himself “knows that he can avoid the necessity of using such force with complete safety . . . .”
The defendant claims, however, that the factual findings of the trial court do not justify its judgment because the court’s findings do not address the evidence at trial from his perspective. The trial court rejected the defense of self-defense despite its finding that the decedent, armed with his steak knife, approached the defendant in a manner “which would cause a reasonable person to believe that he was about to slash him.” Although there was conflicting evidence at trial about such critical matters as the location of the combatants at the time of their confrontation, the defendant’s own perception of his peril, and the defendant’s efforts to avoid the use of deadly physical force, the court failed to make any factual findings to identify what led it to conclude that the defendant himself reasonably believed that he could safely disarm the decedent or retreat. The trial court concluded that the defense-of-premises defense had been refuted without finding whether the decedent was a criminal trespasser or whether the defendant was privileged to be on the premises. On this state of the record, we cannot determine whether the state has established, beyond a reasonable doubt, the defendant’s guilt of the crime of manslaughter. For the proper disposition of this case, it is necessary for us to order a remand to the trial court for further articulation of the grounds on which it determined that the state had proved the inapplicability of the defenses of self-defense and defense-of-premises. See Practice Book § 3060D;
The case is remanded to the trial court with direction to file a memorandum of decision in accordance ■with this opinion.
“[General Statutes] Sec. 53a-55. manslaughter in the first degree: class B felony, (a) A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person.”
“[General Statutes] Sec. 53a-55a. manslaughter in the first degree WITH A FIREARM: CLASS B FELONY: ONE YEAR NOT SUSPENDABLE. (a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.”
General Statutes § 53a-19 provides in relevant part: “Sec. 53a-19. use of PHYSICAL FORCE in DEFENSE OF PERSON, (a) Except as provided in subsections (b) and (c) a person is justified in using reasonable physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force, and he may use such degree of force which he reasonably believes to be necessary for such purpose; except that deadly physical force may not be used unless the actor reasonably believes that such other person is (1) using or about to use deadly physical force, or (2) inflicting or about to inflict great bodily harm.
“(b) Notwithstanding the provisions of subsection (a), a person is not justified in using deadly physical force upon another person if he knows that he can avoid the necessity of using such force with complete safety (1) by retreating, except that the actor shall not be required to retreat if he is in his dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor, or if he is a peace officer or a private person assisting such peace officer at his direction, and acting pursuant to section 53a-22, or (2) by surrendering possession of property to a person asserting a claim of right thereto, or (3) by complying with a demand that he abstain from performing an act which he is not obliged to perform.”
“[General Statutes] Sec. 53a-20. use of physical force in defense of premises. A person in possession or control of premises, or a person
“[Practice Book] § 3060D. review by the supreme court
“The supreme court may reverse or modify the decision of the trial court if it determines that the decision is clearly erroneous in view of the evidence and pleadings in the whole record.
“If the supreme court deems it necessary to the proper disposition of
“It is the responsibility of the appellant to provide an adequate record for review.”