This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves the Defendant, Estevan Roybal, who was convicted for negligent use of a deadly weapon and aggravated assault with a deadly weapon following a confrontation with his then-girlfriend’s father. The confrontation was initiated when the father, believing his daughter and grandchildren were in danger based on messages received from his daughter, approached the Defendant's home armed with a shotgun. The Defendant, after initially being threatened, retrieved a handgun and fired shots in the direction of the father, hitting the vehicle but not causing physical harm to any person (paras 2-4).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued that the jury should have received instructions on self-defense and duress, contended there was insufficient evidence to support his convictions, and claimed the district court erred by not offering a curative instruction or granting a mistrial in response to hearsay testimony introduced at trial (para 1).
- Plaintiff-Appellee: Focused on the objective element of self-defense, arguing that the Defendant did not act as a reasonable person under the circumstances because the force used was unreasonable, the Defendant could have protected himself by moving away from the window, and the father was attempting to withdraw from the conflict (para 9).
Legal Issues
- Whether the jury should have been given instructions on duress and the use of deadly force in self-defense.
- Whether there was sufficient evidence presented at trial to support the Defendant's convictions.
- Whether the district court erred in failing to offer a curative instruction or grant a mistrial in response to hearsay testimony introduced at trial.
Disposition
- The convictions for negligent use of a deadly weapon and aggravated assault with a deadly weapon were reversed, and the case was remanded for a new trial (para 14).
Reasons
-
The panel, consisting of Judges Megan P. Duffy, Kristina Bogardus, and Michael D. Bustamante (retired, sitting by designation), concluded that the evidence presented was sufficient to warrant a self-defense instruction, thus reversing the Defendant's convictions. The court found that the Defendant's testimony provided enough evidence to raise a reasonable doubt regarding whether his actions constituted an objectively reasonable act of self-defense. Specifically, the court rejected the State's arguments that the force used by the Defendant was unreasonable and that he could have taken alternative actions to protect himself. The court emphasized that the Defendant had no duty to retreat and that the conflicting evidence regarding whether the father was retreating at the time of the shooting was a matter for the jury to resolve. Consequently, the court determined that reasonable minds could differ on whether the Defendant lawfully acted in self-defense, necessitating the instruction to be given to the jury. The court did not address the remaining issues raised by the Defendant on appeal due to their decision to reverse the convictions and remand for a new trial (paras 6-13).
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