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Criminal Procedure Keyed to Miller
State v. Jonas Dixon
Citation:
967 A.2d 1114 (Vt. 2008)Facts
Dixon (defendant), a 15-year-old, shot and killed a man who was inside Dixon’s home to have sex with Dixon’s mother. Because Dixon’s mother had mental health problems, Dixon believed men were taking advantage of her condition. When Dixon heard the man and his mother having sex, Dixon pointed a shotgun at the man to scare him and ordered him to leave. The man grabbed the gun and a struggle ensued. Dixon believed that if the man gained control of the gun, he would shoot Dixon. Dixon removed the safety and shot the man in the chest, killing him. The State charged Dixon with second-degree murder. Because Dixon was between the ages of 14 and 16 at the time of the killing, the court had the discretion to transfer the case to juvenile court. However, the court decided that a transfer to juvenile court would be inappropriate.
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