Read the Record

What the Grand Jury Charged

Jason Green was indicted for intentional murder by shooting through the mouth.

“The Grand Jury of Franklin County charges, before the finding of this indictment, Jason Dewayne Green, whose name is otherwise unknown to the Grand Jury than as stated, did intentionally cause the death of another person, to-wit: [victim], by shooting the said victim through the mouth, in violation of 13A-6-2 of the Code of Alabama, against the peace and dignity of the State of Alabama.”

Indictment, Count 1

The grand jury charged a specific act: intentional murder by shooting the victim through the mouth.

What the Prosecutor Said

At trial, the prosecutor acknowledged that the reckless theory depended on something different from the act charged in the indictment.

“Although, we have no evidence that it was a reckless act on his part based on all of our witnesses. The only way it became reckless was the, under that suicide theory.”

Trial Transcript, p. 2307

What the Jury Was Told

The jury was instructed on a different factual theory from the one charged in the indictment.

“...the defendant caused the death of [victim] by directing, instructing, and influencing [victim] to kill herself by giving the said [victim] a .44 magnum pistol and encouraging her to kill herself and being actually present at the time and place where she shot herself to death...”

Trial Transcript, p. 2491

Instead of asking the jury to decide whether Jason intentionally murdered the victim by shooting her through the mouth, the instruction shifted to causing death by directing, instructing, and influencing the victim to kill herself.

What the Jury Was Also Told

Conviction was allowed even if the shooter’s identity was unknown

“If the defendant knowingly advanced and participated in reckless behavior even if you do not know the identity of the person who fired the fatal shot and the reckless behavior resulted in the death of another, then the defendant is criminally liable for the result of his conduct.”

Trial Transcript, p. 2494

The Core Mismatch

Description:
One accusation went in. A different path to conviction came out.

Indictment: intentional murder by shooting through the mouth

Prosecutor’s statement: the reckless theory only worked under a suicide theory

Jury instruction: causing death by directing, instructing, and influencing [victim] to kill herself

Additional instruction: conviction allowed even if the jury did not know who fired the fatal shot

The Question

If the grand jury charged intentional murder by shooting through the mouth, how can a conviction stand where the jury was instructed on causing suicide and told it could convict even if it did not know who fired the fatal shot?