State v. Shumway

Fifteen-year-old Brookes Colby Shumway (defendant) stabbed his friend Christopher Ray 39 times, including a fatal neck wound, during an early-morning sleepover; Ray died at the scene despite rescue efforts. Shumway told Ray's mother that Ray had tried to stab him first and that he had stabbed Ray in response, and he claimed at trial that Ray, angry over losing at video games, had retrieved a kitchen knife, poked Shumway several times causing hand injuries, and that the two then wrestled for the knife before Shumway stabbed him; evidence showed Ray had a temper while Shumway was generally peaceful and was cooperative and calm with responding officers. Shumway was tried as an adult and convicted of murder after the jury was erroneously instructed that manslaughter based on extreme emotional disturbance could not be considered unless the evidence failed to prove an element of murder; the State conceded the instruction was erroneous but argued the error was harmless, and Shumway appealed.