This section contains the nature of the case and procedural background.

Kincaid, a surviving witness, testified about how a pickup truck stalked their car and then eventually when they pulled off the road a barrel of a shotgun emerged from the window side of the passenger seat and then fired and killed Ransom Connelly. Moose (D) told the court that the gun had gone off accidentally. An occupant of the car testified to the shotgun blast but did not exonerate D. Bowen, a cellmate of D, testified as to D's statements to him in prison, how he expressed no regrets for his actions, along with his racist remarks about the victim and how he wished he had shot the arresting officers. D was found guilty, and the jury found two aggravating circumstances; that the murder was especially heinous, atrocious and cruel and that D put more than one person at great risk of death with a device that would normally be hazardous to the lives of more than one person. The jury recommended the death sentence. D appealed.

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