Relevant Issue
Did sufficient evidence support a conviction for depraved indifference murder?
Facts
Ricks shot and killed his friend Lee while they were drinking together one night. Rick had retrieved his pistol which contained a loaded magazine, however he believed that he had checked that no shell was in the chamber. Lee dared Rick to “dry-fire” the pistol against Lee’s forehead.
Rick was charged with Lee’s murder and at trial was convicted by a jury of depraved indifference murder. Rick appealed his conviction, arguing that at most he was guilty of reckless manslaughter and there was insufficient evidence to support a conviction for murder.
Rule
A jury must decide when conduct passes constitutes a “depraved indifference to human life” versus a “substantial and unjustifiable risk.”
Analysis
A conviction for depraved indifference murder requires an individual, “acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct which creates a grave risk of death to another and thereby causes the death of another.” Depraved indifference murder requires greater culpability than reckless manslaughter, as the probability of the risk of death must be higher.
The Court noted that all conflicts in evidence viewed on appeal must be resolved in favor of the jury’s verdict. Only if the evidence is “sufficiently inconclusive or inherently improbable that a reasonable juror must have entertained reasonable doubt” will the Court conclude that the evidence was insufficient.
Ricks’ argument relied on the Utah Supreme Court’s opinion in Boggess v. State where Boggess similarly shot and killed his wife, believing he was only dry-firing the weapon. Boggess was convicted of reckless manslaughter and Ricks argued that outcome should also control in his case. The Court distinguished Boggess from the facts here however, due to Ricks’ intoxicated state and his knowledge that a loaded magazine was present in the gun. The Court noted that this is a close case, but whether Ricks’ conduct became greater than reckless is a decision for a jury to make.
Holding
The Court held that viewed in the light most favorable to the jury’s verdict, a reasonable juror could conclude that Ricks’ conduct constituted depraved indifference murder.