Summary
The Rhode Island Supreme Court affirmed Keith Nunes's convictions, including first-degree murder, arising from a shooting at a Providence boardwalk. The court held that the evidence demonstrated more than momentary premeditation, so the trial justice properly declined to instruct the jury on second-degree murder. The court also upheld the denial of Nunes's motion for a new trial, concluding that the trial justice properly evaluated the evidence and did not overlook or misconceive material evidence.
Topics
Practice areas
Questions Presented
- Whether the trial justice was required to instruct the jury on second-degree murder as a lesser included offense because the evidence could support premeditation of only momentary duration or impaired premeditation.
- Whether the trial justice erred in denying Nunes's motion for a new trial based on alleged failure of proof concerning diminished capacity, premeditation, and the consideration of material evidence.
Holdings
- A second-degree-murder instruction was not required because the evidence sufficiently demonstrated premeditation and resolve lasting more than a moment; the requested lesser-offense charge was wholly unsupported by the evidence.
- The trial justice did not err in denying the motion for a new trial because he conducted the required independent review of the evidence, assessed witness credibility and conflicting evidence, and articulated a sufficient rationale supporting the verdict.
Key quotations
“It is well settled that a criminal defendant is entitled—and the trial justice is required—to instruct the jury on [a] lesser included offense when the evidence supports a possible verdict on a lesser included offense.” (463)
“We are satisfied that the evidence sufficiently demonstrated that the circumstances of the murder involved more than momentary resolve.” (464)
“The trial justice must consider the evidence in light of the charge to the jury, a charge that is presumably correct and fair to the defendant.” (465)
Factual background
After two altercations with a group near a Providence marina, Nunes left, drove to another area, retrieved a handgun, and returned to the boardwalk. He stopped near the group, pointed the gun from his vehicle, and fired five shots; one bullet struck Mark Pierce in the arm, traveled into his chest, and struck his aorta, killing him. Nunes admitted retrieving and firing the weapon but asserted diminished capacity based on heavy use of marijuana, alcohol, and ecstasy. The jury credited the State's expert, who testified that Nunes retained the ability to make conscious choices and refrain from acting on evil impulses.
Procedural history
Nunes was indicted in the Superior Court on multiple charges arising from a shooting that killed Mark Pierce. After trial, the jury found him guilty of first-degree murder and several assault and firearm offenses. The trial justice denied Nunes's request for a second-degree-murder instruction and later denied his motion for a new trial. Nunes timely appealed, and the Supreme Court of Rhode Island affirmed.