State v. Myers, COA24-435, ___ N.C. App. ___ (Nov. 19, 2024)

In this Union County case, defendant appealed his convictions for attempted first-degree murder, discharging a weapon into an occupied property, and assault with a deadly weapon inflicting serious injury, arguing error in failing to instruct the jury on self-defense. The Court of Appeals agreed, granting defendant a new trial.

In December of 2021, defendant and two friends stopped at a local store to purchase snacks, and defendant recognized another man, a purported gang member, from an Instagram video where he threatened to shoot up defendant’s home. Defendant and his friends got into a dispute with this man and another possible gang member, eventually leading to shots being fired. Based on defendant’s testimony, he initially attempted to prevent the gun violence, but after shots were fired, he retaliated, hitting the eventual victim. Defendant cooperated with law enforcement the next day, surrendering his firearm and giving a statement. At trial, defense counsel requested an instruction on self-defense, but the trial court denied the request, as the trial court felt case law precluded giving the instruction in this case.

Taking up the self-defense argument, the Court of Appeals noted that “a defendant who presents competent evidence of self-defense at trial is entitled to a jury instruction on this defense.” Slip Op. at 6. After establishing the statutory basis for self-defense under G.S. 14-51.3(a) and the applicability of perfect and imperfect self-defense, the court examined the evidence in the light most favorable to defendant. The court concluded “the evidence is sufficient to support an instruction of at least imperfect self-defense, if not perfect self-defense” and conflicting evidence about the initial aggressor “[must] be resolved by the jury, after being fully and properly instructed.” Id. at 10.