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Warrington v. State

840 A.2d 590 (2003)

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Warrington v. State

Delaware Supreme Court
840 A.2d 590 (2003)

KL

Facts

Jesse Pecco made an arrangement with brothers Robert Warrington (Wes) and Andrew Warrington (Drew) (defendants) to collect money Wes owed him. Pecco went to the Warringtons’ house and entered through the unlocked front door. He had a knife with him. A struggle ensued. Wes and Drew fought with Pecco to take control of the knife, and Drew grabbed a fireplace poker. Wes and Drew stabbed Pecco with the knife and hit him over the head with the poker multiple times. At some point, a 911 call was made from the house, and the recording included Pecco asking the brothers not to kill him and pleading with them to show him mercy. In response, Drew kicked Pecco and told him to shut up. Pecco died from his injuries. The Warringtons were convicted of first-degree murder after the judge instructed the jury that self-defense was not an available defense if the Warringtons, even if initially justified in using force against Pecco, used deadly force after the danger to them had passed. The Warringtons appealed, arguing that they killed Pecco in self-defense.

Rule of Law

Issue

Holding and Reasoning (Berger, J.)

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