The Colorado Court of Appeals issued its opinion in People v. Castillo on Thursday, October 23, 2014.
Initial Aggressor—Self Defense—Jury Instructions—Burden of Proof—Prosecutorial Misconduct.
Defendant went to a club in downtown Denver. After leaving the club, he engaged in a confrontation with an unidentified male in a busy parking lot, and police were called. Defendant began driving out of the parking lot, stopped his car, and got a shotgun out of his trunk. He began firing at the unidentified male and shot one of the officers, who had been returning fire at defendant. A jury convicted defendant of two counts of attempted second-degree murder and one count of second-degree assault.
Defendant argued that because no evidence supported an initial aggressor instruction, the trial court erred by instructing the jury that he was not entitled to self-defense if he was the initial aggressor. There was conflicting testimony from witnesses as to whether defendant was the initial aggressor. Based on these facts and because the prosecution needed to make only a minimal showing to support an instruction on an exception to self-defense, the trial court did not err in giving the initial aggressor instruction to the jury. Further, the jury instructions as a whole informed the jury that the prosecution had the burden of proving this exception to self-defense beyond a reasonable doubt.
Defendant argued that the trial court erred by instructing the jury that self-defense is not an affirmative defense if defendant, “with intent to cause bodily injury or death to another person, provoked the use of unlawful physical force by that person.” This instruction should not have been given because there was no evidence to support it. There was no evidence that the error misled the jury, however, so the error was harmless.
Defendant contended that numerous statements made by the prosecutor in closing argument were misleading as to both the facts of this case and the law of self-defense. Some of the prosecutor’s statements regarding the facts and law were improper, but the statements did not constitute reversible error. Moreover, the court instructed the jury that the prosecutor’s arguments were not evidence and that the jury should follow the jury instructions regarding the applicable law. The judgment was affirmed.