AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • On December 13, 2019, Xavion M. (Child) and friends, including the Victim, were socializing at a friend's house, consuming alcohol and drugs. They left to shoot an AR-15 rifle near Farmington. Returning, Child, holding the rifle in the back seat, accidentally discharged it, shooting a hole in the car's roof. Later, attempting to handle the rifle again, Child accidentally shot Victim, who was in the driver's seat, leading to Victim's death from the gunshot wound (paras 2-5).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Child-Appellant: Argued that the convictions for involuntary manslaughter and negligent use of a deadly weapon were not supported by sufficient evidence and violated double jeopardy (para 1).
  • Plaintiff-Appellee: Conceded that the convictions for involuntary manslaughter and negligent use of a deadly weapon violated double jeopardy (para 6).

Legal Issues

  • Whether Child’s convictions for negligent use of a deadly weapon and involuntary manslaughter violate double jeopardy.
  • Whether there was sufficient evidence to support Child’s conviction for involuntary manslaughter.

Disposition

  • The conviction for negligent use of a deadly weapon is vacated due to a violation of double jeopardy.
  • The conviction for involuntary manslaughter is affirmed (para 16).

Reasons

  • The Court, comprising Judges Gerald E. Baca, Megan P. Duffy, and Zachary A. Ives, held that the convictions violated double jeopardy principles, as the conduct underlying the negligent use of a deadly weapon charge was subsumed by the involuntary manslaughter charge. This was based on precedent and the legislative intent behind the statutes involved. The Court accepted the State's concession on this point (paras 6-7). Regarding the sufficiency of evidence for the involuntary manslaughter conviction, the Court found substantial evidence supporting the verdict. This included Child's handling of the firearm in a negligent manner, his knowledge of the danger involved, and his willful disregard for the safety of others. The Court emphasized that the jury is the sole judge of witness credibility and the weight of evidence, and found that the evidence presented at trial met the required legal standards to support the conviction (paras 8-15).
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.