State v. Alcindor

2020 WL 4334896 (2020)

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State v. Alcindor

Maryland Court of Special Appeals
2020 WL 4334896 (2020)

  • Written by Noah Lewis, JD

Facts

Jason Alcindor (defendant) was raising a baby with his ex-girlfriend, Raquel Coore. Coore’s new boyfriend, Timothy Campbell, made threatening gestures toward Alcindor upon meeting him. Campbell repeatedly taunted and threatened Alcindor via calls and texts. One evening, Coore met Alcindor at a convenience store to get the baby from Alcindor. Unbeknownst to Alcindor, Coore had brought Campbell. Campbell got in Alcindor’s face, taunting him. Alcindor and Campbell began fist fighting. Alcindor tried to walk away, and Campbell ripped his shirt. Campbell wrapped a belt around his hand. Coore saw and briefly got control of a knife Alcindor had, but Alcindor slammed her to the ground. Campbell tried to retreat. Coore unsuccessfully tried to stop Alcindor by screaming and hitting him with her car. Alcindor continued wrestling with Campbell, stabbing him 26 times, which proved fatal. Alcindor said he was scared and that once the stabbing began, he was unaware of what was happening. Alcindor had received a blow to the back of his head and could not remember most of the fight. Two videos of the incident were played for the jury. Alcindor said upon viewing the video that he was in some sort of passion. The jury was instructed on murder and self-defense, but not voluntary manslaughter based on hot-blooded response to adequate provocation. The prosecution objected to the instruction because Alcindor specifically testified that he was not enraged. The jury convicted Alcindor of second-degree murder. The trial court sentenced Alcindor to 30 years’ incarceration. Alcindor appealed.

Rule of Law

Issue

Holding and Reasoning (Friedman, J.)

Concurrence (Fader, C.J.)

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