State v. Castagna

Bennett Grant was in a bar when Thomas D’Amico (defendant) entered with friends, as did Josephine Castagna (defendant) and Violet Arias. The two groups knew each other from the neighborhood. An altercation arose between Grant and Arias. It turned physical and moved onto the street. A crowd followed, encircling Grant and attacking him. Jean Morales (defendant) joined them. Grant eventually broke free and ran toward a nearby bridge. The crowd followed, some in a Jeep. They were a frenzied mob, yelling an intent to kill Grant. At the bridge, the Jeep struck Grant. When the crowd arrived, they repeatedly kicked Grant where he lay. Morales, Castagna, and D’Amico participated in the attack. Someone, possibly Castagna, beat Grant with a long object. And someone, possibly Morales, dropped a heavy rock on his head. Grant subsequently died. The state (plaintiff) tried D’Amico, Castagna, and Morales for murder. At trial, some evidence suggested that during the events, Grant struck both Arias and Castagna, and that Morales, their friend, was informed. Although that evidence suggested Morales might have acted in a heat of passion, the trial judge, without objection, stated that passion/provocation manslaughter was not implicated. Morales was convicted of murder, D’Amico of aggravated manslaughter, and Castagna of aggravated assault. They appealed on multiple grounds to the appellate division. Morales argued that the trial judge erred in failing to sua sponte, or of its own volition, instruct the jury on passion/provocation manslaughter.