State v. Williams
State v. Williams
Opinion
**247 In this appeal from a conviction for murder, we hold the trial court properly refused to charge the law of self-defense. The defendant shot and killed the victim with an unlawfully-possessed pistol the defendant intentionally brought to an illegal drug transaction. We find the defendant was at fault in bringing on the violence. We affirm.
Robert Mitchell made arrangements with Akim Ladson to meet for the purpose of purchasing from Ladson a particularly high-quality variety of marijuana known as *905 "loud." 1 Mitchell then went to the mobile home where he knew Jalann Williams to be living to recruit Williams as a participant in the drug deal. The reasons Mitchell recruited Williams-and Williams agreed to go-are disputed. Mitchell testified Williams told **248 him he was going to the drug deal to rob Ladson because Williams needed money to pay his bail bondsman on other charges. Williams denied any intent to rob Ladson. He testified he loaned Mitchell the money to buy "loud," but the price seemed low, so he went to the drug deal to be sure Mitchell was buying the proper marijuana. His apparent purpose was to ensure his loan would be repaid. Referring to the price, he testified, "I didn't really trust that but I was like, 'That's him buying and as long as I get my money back by the end of the week I was all right.' " Williams further explained his purpose, "I said, 'well, I'm going to go along with you because I don't believe nobody got no price [sic] for that weed.' " He later testified, "Out of the whole my main concern was just to get my money back at the end of the week because I needed the money back."
These disputed facts, however, are not important to our analysis. What is important to our analysis is the undisputed fact that when Williams agreed to participate in the drug deal, he made a conscious choice to take his loaded pistol with him.
Williams and Mitchell waited for Ladson in the same mobile home park where Williams was living. Ladson arrived in a car driven by his girlfriend, Alayah Hamlin. Ladson was in the front passenger seat. Williams and Mitchell entered the backseats of Hamlin's car and began the drug deal. Ladson handed Mitchell the marijuana, and Mitchell began to inspect and weigh it on a portable scale Williams brought with him. Viewing the evidence in the light most favorable to Williams, Ladson attacked Williams, Williams feared for his safety, and Williams had no opportunity to get away. Williams then shot and killed Ladson.
The State charged Williams with murder, armed robbery, and possession of a firearm during the commission of a violent crime. At trial, Williams requested the trial court charge the jury the law of self-defense as to the murder charge. The trial court refused. The jury convicted Williams of murder and possession of a firearm during the commission of a violent crime. The jury was unable to reach a verdict on the charge that Williams robbed Ladson. The trial court sentenced Williams to thirty years in prison.
**249
Williams appealed, arguing the trial court erred in refusing to charge the law of self-defense. The court of appeals affirmed.
State v. Williams
, Op. No. 2017-UP-015,
The trial court must charge the jury on the law applicable to the jury's deliberations.
See
State v. Marin
,
This structure places the burden on the defendant to produce some evidence to support the existence of each element.
See
Stone v. State
,
This case involves the element we have traditionally described as, "The defendant [must be] without fault in bringing on the difficulty."
Dickey
,
Under this principle from
Bryant
, the trial court properly refused to charge self-defense. Williams' act of intentionally
**251
bringing a loaded, unlawfully-possessed pistol to an illegal drug transaction was a "violation of law" that was "reasonably calculated to produce" violence.
Intentionally bringing a loaded, unlawfully-possessed pistol to an illegal marijuana transaction is "in violation of law" in three important respects. First, Williams' possession of the pistol was a violation of law.
See
In addition, intentionally bringing a loaded, unlawfully-possessed pistol to an illegal drug transaction is "calculated to produce a violent occasion." Williams' pistol was not simply a convenience for him so he could protect himself just in case violence arose. Rather, it is well-documented that the mere presence of guns at illegal drug transactions
produces
the violence.
See
Harmelin v. Michigan
,
We have held-in other circumstances-a defendant may lawfully arm himself in self-defense even when in unlawful possession of a firearm.
See, e.g.
,
State v. Burriss
,
The defendant in
Burriss
was not doing anything "in violation of law" except unlawfully possessing a pistol. As the
Burriss
majority explained, the defendant simply "went to visit a friend at [the friend's] apartment" and "was waiting for his friend to come out of the apartment" when the men attacked him.
For this reason, Williams' case is more like Slater . In that case, Lord Byron Slater "noticed that [a] disturbance was taking place in an adjacent parking lot. Carrying his gun with him, [Lord Byron] went to the adjacent parking lot to investigate."
**253
On appeal, relying on
Burriss
, Lord Byron argued the trial court erred in refusing the self-defense charge.
Slater
is not identical to Williams' case. In fact, we stated Lord Byron "carried the cocked weapon, in open view, into an already violent attack."
Slater
is also important because we explained
Burriss
. Referring to
Burriss
, we "reject[ed] the position that the unlawful possession of a weapon could never constitute an unlawful activity which would preclude the assertion of self-defense."
Where the unlawful possession of a weapon is not "merely incidental," as we found it was not in
Slater
, the unlawful possession of a weapon does foreclose a self-defense charge. Like Lord Byron, Williams illegally armed himself before he chose to enter a situation he knew to be unlawful, and which he knew was likely to be violent. Williams' actions proximately caused the difficulty
4
as a matter of established law because his act of taking a loaded, unlawfully-possessed pistol into an illegal drug transaction was not "merely incidental" to the act of arming himself in self-defense.
Bryant
,
We conclude with a quote from now Chief Judge Lockemy of the court of appeals in
State v. Smith
,
At the time of the shooting, Smith was engaged in the crime of selling illegal drugs. This activity, in addition to damaging the lives of untold numbers of people, also results in shootings and deaths on a very frequent basis. Smith's decision to bring a loaded weapon to the drug deal clearly shows his knowledge of the danger *909 of the situation. His criminal conduct brought on the necessity to take the life of another. Smith created a situation fraught with peril. He cannot be **255 excused for the violence that logically and tragically often occurs when engaging in such conduct, nor can he claim he did not anticipate the high probability of such violence.
In some future case involving facts different from these, perhaps the defendant will convince the trial court he has produced evidence he was not at fault in bringing on the violent occasion. In this case, however, there is no evidence on which a jury may find Williams' unlawful possession of a loaded pistol during an illegal drug transaction was "merely incidental" to arming himself in self-defense. Rather-as a matter of law-Williams' act of taking the pistol to the drug deal was a violation of law that produced the violent occasion.
Bryant
,
AFFIRMED.
KITTREDGE and HEARN, JJ., concur. JAMES, J., dissenting in a separate opinion in which BEATTY, C.J., concurs.
JUSTICE JAMES :
I dissent. Presumably, the majority would not balk at the giving of a self-defense instruction if Ladson and Williams (with a gun illegally concealed in his back pocket) had not been engaged in a drug deal but had instead been arguing about which radio station to listen to. I fully agree illegal drug transactions are rife with violence. They are an absolute blight on civilized society. However, I believe our self-defense law already adequately sets forth the parameters of how judges and juries are to consider the question of whether a drug-dealing or drug-purchasing defendant was or was not "without fault in bringing on the difficulty."
The majority cites this Court's holding in
State v. Bryant
that a defendant's act "in violation of law and reasonably calculated to produce the occasion amounts to bringing on the difficulty and bars his right to assert self-defense."
In its footnote 4, the majority clarifies our holding in
State v. Slater
,
5
by stating, "In
Slater
, we said the question was whether 'the weapon is the proximate cause of the killing.'
The majority cites
Slater
for the proposition that "where the defendant's unlawful possession of a weapon is
merely incidental
to the defendant's lawful act of arming himself in self-defense, the unlawful possession
*910
of the weapon will not prevent the use of an accident defense."
The defendant who, without first being attacked, brandishes a firearm during the course of any transaction, whether it is an illegal drug deal or otherwise, will likely be considered, as a matter of law, to have "brought about the difficulty." In virtually every such scenario, any violence that breaks out would likely be "calculated to produce" the violence that ensued. However, the majority makes an illogical and unnecessary leap when it broadly concludes that "intentionally bringing a loaded, unlawfully-possessed pistol to an illegal drug transaction is 'calculated to produce a violent occasion.' "
Finally, and most respectfully, I take issue with the majority's emphasis of now Chief Judge Lockemy's concurrence in
State v. Smith
, in which he expresses his view that because the defendant was engaged in the crime of selling illegal drugs, his decision to bring a loaded weapon to the transaction foreclosed self-defense.
I would reverse Williams' convictions and remand for a new trial.
BEATTY, C.J., concurs.
"Loud" is defined in the Urban Dictionary as, "A slang term for marijuana of high quality," and, "Bomb-ass weed." See Loud , Urban Dictionary, https://www.urbandictionary.com/define.php?term=loud (last visited June 14, 2019).
We readily acknowledge Ladson was at fault, and perhaps Mitchell and Hamlin. The question, however, is not who else might have been at fault, but whether Williams was without fault. In answering that question, it does not matter who else was at fault. Thus, the fact "there is evidence ... that Ladson ... produced the violent occasion" is not relevant. The dissent mistakenly relies on the premise that only one person can be at fault.
The court of appeals reversed the trial court in a split decision.
State v. Slater
,
In
Slater
, we said the question was whether "the weapon is the proximate cause of the killing."
Of course, we have extended our reasoning to the issue of self-defense.
See
Slater
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.