State v. Johnson

At a party, Aaron Johnson (defendant), Steve Haddox (defendant), and Matt Neel learned someone was breaking into Neel's car and stealing his radio. The three ran to the parking lot and saw someone speed off in an idling car. Johnson and Haddox drew handguns and fired 11 shots at the fleeing car; driver Abel Gallegos died from a gunshot fired from Johnson's gun. The State of New Mexico (plaintiff) charged Johnson and Haddox with second-degree murder. The trial court refused to instruct the jury on justifiable homicide for stopping a fleeing felon. Both men pleaded guilty to involuntary manslaughter but preserved the right to appeal the refused instruction; Haddox later withdrew his appeal, leaving Johnson to pursue it.