People v. Saille

After drinking beer all day, Manuel de Jesus Saille (defendant) went to a cafe. The cafe’s security guard, David Ballagh, asked Saille to leave because he was intoxicated. Saille left but returned twice. Both times, Ballagh reminded Saille that he could not enter. The second time, Saille told Ballagh, “I'm going to get a gun and kill you.” Saille went home, retrieved a semiautomatic rifle, and returned to the cafe. As Saille entered, Ballagh tried to grab the gun. It discharged, killing a patron. Saille was eventually subdued, but both he and Ballagh were shot during the struggle. Saille was charged with first-degree murder of the patron and attempted murder of Ballagh. At trial, evidence proved that Saille was intoxicated during the shooting. The trial court instructed the jury that voluntary intoxication could be considered in determining whether Saille had specific intent to kill. While the trial court instructed the jury on first- and second-degree murder and on voluntary and involuntary manslaughter, it did not relate voluntary intoxication to anything other than specific intent to kill. Saille was convicted of first-degree murder and attempted murder. Saille appealed, arguing that the judge erred by (1) failing to instruct that voluntary intoxication could reduce murder to voluntary manslaughter and (2) failing to sua sponte instruct that voluntary intoxication could be considered in determining premeditation and deliberation. The court of appeals affirmed, and the California Supreme Court granted review.