Bellamy v. State
| Decision Date | 29 February 2008 |
| Docket Number | No. 2D06-594.,2D06-594. |
| Citation | 977 So.2d 682 |
| Parties | Christopher BELLAMY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Christopher Bellamy appeals from his judgment and sentences for second-degree murder with a weapon for the death of David Anderson, attempted second-degree murder with a weapon for the stabbing of David Decker, and aggravated battery with a deadly weapon for the injury to David DeMedici. We find merit in his argument that the trial court erred in failing to grant his motion for judgment of acquittal as to the second-degree murder and attempted second-degree murder charges, and therefore we reverses
Second-degree murder is "[t]he unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual." § 782.04(2), Fla. Stat. (2004).
"An act is one `imminently dangerous to another and evincing a depraved mind' if it is an act or series of acts that: (1) a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and (2) is done from ill will, hatred, spite or an evil intent, and (3) is of such a nature that the act itself indicates an indifference to human life." Duckett v. State, 686 So.2d 662, 663 (Fla. 2d DCA 1996) . Bellamy moved for a judgment of acquittal arguing that the State had not proved that he acted out of ill will, hatred, spite, or evil intent. We agree.
The charges against Bellamy arose from what witnesses described as a "chaotic brawl," "melee" or "affray" that occurred at the New World Brewery in Tampa. Bellamy was at the New World Brewery to hear his cousin's band, Nuclear Beer. Witnesses described Nuclear Beer as a punk rock band that played its music at "ear splitting volume." At some point during the show, the band invited bar patrons to sing "cover songs" along with them using an extra microphone connected to the bands sound system. Those patrons included David Decker and Joseph Paez.
Decker, who was intoxicated, joined others in singing along with the band; however, he kept stepping on a cable running from the microphone to the sound board. At the request of the sound engineer, Bellamy approached Decker to ask him to move away from the microphone. It was too loud to talk so Bellamy tried to usher Decker away from the microphone by placing his hand on Decker's elbow. Decker turned away and ignored him. However, Decker's friend, Paez, took umbrage at this and approached Bellamy to find out what he was doing. Bellamy tried to explain; however, Paez was not receptive. Bellamy and Paez began to fight. At some point, Decker, whose attention had returned to the band, reeled around and joined Paez in the fight with Bellamy. Decker testified that he placed Bellamy in a "bear hug," pushed him into the wall, felt a pain in his arm and when he looked down, he saw a knife being pulled out of his side.
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