Berrian v. State

The defendant's own testimony supported an instruction on self-defense, not mutual combat, and the trial court therefore did not plainly err in failing to charge the jury on mutual combat.

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Following a jury trial, appellant Ronnie Lee Berrian was found guilty of malice murder and other offenses arising out of the shooting death of Russell Boyd.1 He appeals his convictions, and we affirm.

Appellant testified at trial that he was sitting on his front porch on the morning of the shooting when the victim drove his car into the front yard, parked, and walked up to the porch. Appellant did not know the victim but came to understand that he was there to pick up Kevin Scott, who was the father of appellant’s girlfriend, with whom appellant lived. Scott had arrived the previous day to stay with his daughter. Appellant testified at trial and claimed that a fight erupted between the victim and him on the front porch after angry or challenging words were exchanged between them. Appellant testified the victim pulled a knife on him and cornered him on the porch. Appellant then ran into the house to retrieve a gun, which he placed in his pocket, and returned to the porch to stand at the screen door. By that time, the victim and Scott were in the front yard and Scott asked appellant for his cigarette lighter. Appellant claimed that when he stepped into the yard to hand Scott his lighter, the victim came at him from the bushes. Appellant stated that he started backing away from the victim while the victim continued to come at him. When appellant first attempted to fire his gun, it was on safety and did not fire. According to appellant, he ran into the street to get away, and the victim chased him and continued to come at him with the knife. When appellant released the safety setting from his gun, he turned and faced the victim and shot him.

Berrian v. State

The defendant's own testimony supported an instruction on self-defense, not mutual combat, and the trial court therefore did not plainly err in failing to charge the jury on mutual combat.

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