Nelson v. State

The Nelson family’s graduation party was cut short by the shooting death of Willie Hood, Jr., the boyfriend of Chiquita Nelson, who was mother to Derrick Nelson (defendant), another son, and two daughters, Asia Nelson and Kinuna Davis. Hood had a history of hitting things, acting erratically, and fighting with Nelson. Nelson tried to prevent the intoxicated Hood from driving. An argument ensued. Nelson secured the keys, ultimately giving them back after Hood acted more agitated. Nelson called his friend Smiley for a ride. Asia, Chiquita, and Hood were arguing. Hood hit the window of his car with his fist and broke the car’s wind guard. Hood broke a bottle on the car; shattered glass hit Nelson, upsetting him. Nelson got a gun from Smiley’s car and fired two shots into the air, telling Hood to chill out because he was not trying to hurt him. Nelson and Hood began to wrestle by Hood’s car. Nelson shot Hood in the head. Nelson said it was an accident and that he was in shock. The sisters initially said Nelson deliberately shot Hood, then recanted or said they did not recall the details. A jury convicted Nelson of first-degree murder. The jury was instructed on first-degree murder, second-degree murder, misdemeanor manslaughter, heat-of-passion manslaughter, culpable-negligence manslaughter, accident, and self-defense. The court denied Nelson’s request for a jury instruction on imperfect self-defense. Nelson appealed. The appellate court reversed Nelson’s conviction and remanded for a new trial. The Mississippi Supreme Court granted the state’s petition for certiorari.