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Criminal Law keyed to Dripps
Dorsey v. State
Facts
During a large “keg” party attended by recent high school graduates, John Dorsey (Defendant), a convicted felon who was illegally carrying a concealed firearm, was approached by Stephen “Bo” Bunting, John Lott, and several other men. The men surrounded Defendant, who was then leaning on his vehicle, in a half-circle. Bunting and Lott had a reputation for violence and for starting fights and both men had been drinking heavily. Lott was angry that Defendant had bumped into him earlier in the evening. Lott and Defendant began cursing at each other. Then Lott hit Defendant hard in the face. Defendant quickly pulled out the gun and shot Lott once and Bunting once. Both men died from their wounds. Defendant was charged with first-degree murder of Bunting and with second-degree murder of Lott. At trial, the medical examiner testified that the bullet wounds to both men were consistent with them leaning forward as they were shot. At the close of all the evidence presented at trial, the court denied Defendant’s motion for a judgment of acquittal. Defendant was convicted on two counts of second-degree murder, possession of a firearm by a convicted felon, and carrying a concealed firearm. Defendant appealed.
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