Manslaughter Conviction Vacated Due to Erroneous Grand Jury Charge
Prior to trial, Mr. Mead moved to dismiss the indictment due to the prosecution’s failure to instruct the grand jury on the defense of justification. The trial court denied the motion. Following a bench trial, Mr. Mead was convicted of first-degree manslaughter and weapon possession.
The Appellate Division reversed the conviction due to the prosecution’s failure to provide the justification charge to the grand jury. The Court noted that there was “a reasonable view of the evidence” that Mr. Mead “was not the initial aggressor,” that the decedent pointed a gun at Mr. Mead, and that Mr. Mead defended himself with a knife and could not safely retreat. Because the failure to provide the justification instruction “impaired the integrity” of the grand jury “to such a degree” that Mr. Mead “may have been prejudiced by an unwarranted prosecution,” the trial court erred in denying the motion to dismiss the indictment.
Hannah Kon and Paul, Weiss, Rifkind, Wharton & Garrison LLP (pro bono counsel) represented Mr. Mead