Grayson v. State

Summary

The Delaware Supreme Court reversed Mark Grayson's convictions for first-degree reckless endangering, possession of a firearm during the commission of a felony, resisting arrest, and possession of a firearm by a person prohibited. The Court held that the Superior Court committed reversible error by refusing to instruct the jury on the lesser-included offense of second-degree reckless endangering. The Court also rejected Grayson's challenge to the sufficiency of the evidence and remanded for the convictions to be vacated, bail to be reinstated, and a new trial to be scheduled.

Holdings

1. The Superior Court reversibly erred by refusing to give the requested instruction on second degree reckless endangering. The circumstances permitted a reasonable jury to find that Grayson created a substantial risk of physical injury without necessarily creating a substantial risk of death.
2. The evidence was sufficient for a rational juror to find beyond a reasonable doubt that Grayson recklessly created a substantial and unjustifiable risk that a shot could kill someone.

Questions Presented

1. Whether the Superior Court reversibly erred by refusing to instruct the jury on the lesser-included offense of second degree reckless endangering because the alleged use of a firearm was considered necessarily capable of causing death.
2. Whether the evidence was insufficient to support Grayson's conviction for first degree reckless endangering.

Disposition

reversed_and_remanded