The Kansas Court of Appeals ruled that a district court judge erred in instructing a jury that it could find William Franco Garcia guilty of attempted involuntary manslaughter.
The Kansas Court of Appeals reversed the 1996 conviction of a Lawrence man for wounding a bystander in a gang-related gunfight.
The court reversed William Franco Garcia's attempted involuntary manslaughter conviction because it found that Douglas County District Court Judge Michael Malone incorrectly instructed the jury.
According to a copy of the written opinion issued Aug. 27, the appeals court found that Malone should not have instructed the jury that it could find Garcia guilty of attempted involuntary manslaughter under the theory he was aiding and abetting another person in the gunfight.
The court wrote that Garcia was convicted of a crime requiring a finding that he had the specific intent to commit the crime. That finding led to some very twisted logic, the appeals court wrote.
"Taken to its logical conclusion the way the crimes were charged, the state would have had to have shown that Garcia knowingly associated with an unlawful venture -- the gunfight -- intending to incite or provoke (Joe) Hobbs to shoot back in an attempt to kill himself (Garcia).
"Then when Hobbs missed Garcia and hit (Anthony) Wisdom, Hobbs' intent to kill Garcia followed the bullet and was transferred; thus, Hobbs attempted to kill Wisdom.
"Therefore, since Garcia aided and abetted Hobbs by provoking an attempt to kill himself (Garcia), he would also be guilty of Hobbs trying to kill Wisdom.
"Such mental gymnastics strain logic beyond the breaking point."
The principle prosecutors were arguing is most often applied in cases involving recklessness, which does not require specific intent.
The case was heard by Chief Judge Patrick Brazil and Judges G. Joseph Pierron Jr. and Christel Marquardt of the Appeals Court.
Originally, Garcia was charged with attempted second-degree murder, but the jury was allowed to consider the lesser charge of attempted involuntary manslaughter.
Garcia also was convicted of criminal possession of a firearm. He was sentenced to five years and nine months in prison for both crimes in 1996.
Whether the appeals court decision will lead to Garcia's release from prison is unknown. Calls to Malone, prosecutors and Garcia's attorneys were not returned.
-- Erwin Seba's phone message number is 832-7145. His e-mail address is eseba@ljworld.com.
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