Shuck v. State

Mark Shuck (defendant) and John Jackman were out drinking. After midnight, the two were stopped at a light in Jackman’s Corvette when a GTO pulled up and then peeled out when the light turned green. The Corvette took off in pursuit. When the GTO turned onto a side road, the Corvette followed suit, cutting off a pickup truck. Its driver, George Parker, who was returning home from his own evening of drinking, slammed on his brakes to avoid the Corvette and hit his head on his windshield. Furious, Parker began pursuit. Both sports cars stopped in a small, single-entrance courtyard. GTO driver Buddy Voelker got out and began a friendly conversation. Parker arrived, parked his truck across the exit, and started a fight. Parker and Jackman were struggling with each other when Voelker jumped on them. Shuck said he tried to pull Voelker from the pile, and Voelker grabbed Shuck and allegedly hit him several times. Shuck retrieved a baseball bat from the Corvette and swung at least twice, injuring Parker slightly and killing Voelker. A girlfriend who saw Jackman shortly afterward said he was bleeding from his mouth and nose and had strangulation marks around his neck. Shuck was convicted of second-degree murder and assault with intent to murder. Shuck appealed, arguing that the judge should have allowed the jury to decide whether imperfect self-defense provided a mitigating circumstance that would reduce the murder charge to manslaughter and exculpate him for assault with murderous intent.