Burgeon v. State

Jesus Salas and Luis Badillo drove to a convenience store, and Badillo went inside while Salas remained in the car. Sergio Burgeon (defendant) approached Salas’s car and asked Salas if he wanted to buy a revolver. While Salas was talking to Burgeon, Badillo returned to the car and got into the passenger’s seat. Another person, Eddie Bustamante, then approached Badillo’s side of the car, began arguing with Badillo, and hit Badillo in the face. Salas put the car into reverse and started backing away. Bustamante threw a beer can at the car, hitting the windshield. According to Burgeon, Bustamante, and another witness, Badillo pulled a gun and pointed it at Bustamante. Burgeon pulled his own gun and fired it at the car three times, killing Badillo. Burgeon did not know Badillo, who had a history of violent, gang-related activity, before the encounter. Burgeon was charged with murder and claimed self-defense, alleging that he believed Badillo was about to shoot him. Burgeon’s counsel moved to introduce evidence of specific acts of violence by Badillo to show that Badillo was the likely aggressor, and also evidence of Badillo’s character and reputation for violence. The court denied both motions, apparently because Burgeon did not know Badillo or his reputation before the encounter. Burgeon’s counsel failed to make a specific offer of proof regarding the evidence it sought to present. Burgeon was convicted of second-degree murder with a deadly weapon and appealed.