State v. Sexton
733 A.2d 1125 · 1999
Facts
Shakirah Jones, a 17-year-old friend, overheard the 15-year-old defendant and 17-year-old victim Alquadir Matthews having an argument. The two young men walked from a sidewalk into a vacant lot, where Jones saw the defendant with a gun. Jones heard Matthews tell defendant, "there are no bullets in that gun," and then walk away. Defendant called Matthews back, asking, "you think there are no bullets in this gun?" to which Matthews replied, "yeah." Jones then heard the gun go off, and a single bullet killed Matthews. Defendant claimed Matthews showed him the gun, told him it was empty, and he believed it was not loaded when it "just went off." Police recovered a small caliber automatic pistol near the crime scene. A ballistics expert testified the gun was missing a spring, requiring manual loading, and that it would be difficult for someone unfamiliar with guns to tell if it was loaded once the magazine was removed.
Procedural history
A grand jury indicted defendant for purposeful or knowing murder, possession of a handgun without a permit, and possession of a handgun for an unlawful purpose. The jury found defendant not guilty of murder, aggravated manslaughter, or possession of a handgun for an unlawful purpose, but guilty of reckless manslaughter and unlawful possession of a handgun without a permit. The Appellate Division reversed defendant’s conviction on multiple grounds, including an erroneous jury charge and failure to charge that the State bore the burden of disproving the mistake-of-fact defense. The Supreme Court granted the State’s petition for certification, limited to the issue of whether mistake of fact was a defense to the charge of reckless manslaughter.
Issue
The issue concerns the meaning of N.J.S.A. 2C:2-4, governing the mistake-of-fact defense to a criminal charge. Specifically, the question is how to explain to the jury the effect of a mistake of fact on a charge of reckless conduct. The court considered whether a mistake of fact was a defense to the charge of reckless manslaughter.
Holding
The court affirmed the judgment of the Appellate Division. It held that a mistake of fact can be a defense to reckless manslaughter if it negates the culpable mental state of recklessness. The matter was remanded to the Law Division for further proceedings in accordance with this opinion.
Rule
N.J.S.A. 2C:2-4a allows a defense of ignorance or mistake if the defendant reasonably arrived at the conclusion underlying the mistake and the mistake negatives the culpable mental state required for the offense. Recklessness, as defined by N.J.S.A. 2C:2-2b(3), means consciously disregarding a substantial and unjustifiable risk that a material element exists or will result from one's conduct, where the disregard involves a gross deviation from a reasonable person's standard of conduct. A merely negligent or faultless mistake as to a circumstance, such as whether a gun is loaded, can negate the reckless state of mind and provide a defense. The State must prove beyond a reasonable doubt that the defendant was reckless in forming their belief that the gun was unloaded to secure a conviction for reckless manslaughter. Jury instructions should explain that if the State has not proven beyond a reasonable doubt that the defendant was reckless in forming their belief, they should be acquitted.
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