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State v. McGuy

841 A.2d 1109 (2003)

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State v. McGuy

Rhode Island Supreme Court

841 A.2d 1109 (2003)

Facts

Damien McGuy (defendant) and Sherwin “Nesto” Grant engaged in several physical and verbal confrontations over a two-day period. After the first confrontation, during which Grant attacked McGuy, McGuy purchased a gun. Two days later, McGuy was seated in the front passenger side of a car when Grant leaned into the window and the two engaged in a five-minute-long argument. McGuy testified that Grant held a gun in one hand and repeatedly touched McGuy’s face with his other hand. According to McGuy’s testimony, approximately five minutes into the argument, Grant seemed to be taking a gun out of his coat pocket, prompting McGuy to preemptively shoot Grant several times, killing him. McGuy was charged with second-degree murder. At trial, McGuy petitioned the court to instruct the jury on the elements of voluntary manslaughter, a lesser-included offense. The trial court denied McGuy’s request, and the jury convicted McGuy of second-degree murder. McGuy appealed his conviction.

Rule of Law

Issue

Holding and Reasoning (Flanders, J.)

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