State v. Joseph

214 W.Va. 525, 590 S.E.2d 718 (2003)

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Nature of the Case

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Facts

D was socializing in his home with Martin and Lucas. They spent the evening drinking beer and listening to music until the early hours of the morning. Martin rejected advances made by D, and she began flirting with Lucas. D became angry at the rejection and ordered Martin to leave the house. She left accompanied by Lucas. As the two departed, D went out onto the porch of his home and fired two shots. No one was injured by the shots. D became concerned and decided to look for Martin. He found Martin's boyfriend, Hackney and the two men then drove to the home Light. Light was not home, but his girlfriend explained that he had driven Martin and Lucas 'down the road.' D then drove away from the house, but saw Light's vehicle approaching and turned around and followed Light into his driveway. D questioned Light about Martin's whereabouts. Light eventually admitted that he had driven Martin and Lucas to the mouth of the hollow. D returned to his truck and spun his tires in Light's driveway. Light yelled at him to stop the truck. Light walked over to D's truck, pulled the driver's door open, and argued. Light pointed his finger at D and D slapped his hand away. Light then slapped him on the left side of the head. D testified that, upon being slapped, he saw a 'blue flash,' and his hand landed on a .22 caliber pistol that was lying on the seat of his truck. D fired five shots mortally wounding him. D then backed his vehicle over Light in his hasty attempt to leave the premises. D then drove home and called 911 and advised the operator that he had shot Light and requested assistance. He unloaded his pistol and waited. Several years before, D was involved in a motorcycle accident. D sustained in the accident was a crush injury to his left frontal skull. D was charged with first-degree murder. D sought to assert the defense of diminished capacity resulting from the brain injury sustained in his motorcycle accident of 1989. He had three experts, and the court took evidence in camera. It ruled that the testimony of the three doctors was insufficient upon which to base the defense. D was convicted of first-degree murder with a recommendation of mercy. D filed a motion to set aside the verdict alleging, in relevant part, that the circuit court improperly excluded the testimony of the aforementioned doctors. The circuit court denied the motion. D appealed.