4. State v. Wells

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Fact

The crime was a planned mugging, where senior citizens are typical targets due to their vulnerability. The defendant and an accomplice selected Gens as their victim, planning the attack when he would be alone. The weapon used was a soda water bottle, which was wielded with lethal intent

Victim: Frederick Gens, 81 years old, living alone.

Crime: Wells attacked and robbed Gens, beating him with a soda water bottle.

Injuries: Gens suffered four deep scalp lacerations and a fractured skull, leading to his death.

Event: The attack happened on a Sunday morning at 9:30 a.m. on the porch of Gens' residence. Wells used a woman accomplice as a decoy.

Issue

Whether the defendant intended to kill the victim, which is necessary for a conviction of first-degree murder under sec. 940.01, Stats., or if the circumstances support only a conviction of third-degree murder (felony murder) under sec. 940.03, Stats.

Rule

Intent: Intent to kill can be inferred from the nature and severity of the defendant's actions.

Weapon Use: The manner in which a weapon is used can indicate lethal intent, even if the weapon is not intrinsically lethal.

Credibility of Witnesses: The trial court's determinations regarding witness credibility and accomplice testimony were upheld.

Consecutive Sentences: The imposition of consecutive sentences was justified based on the trial court's reasoning about the severity of the crime.

Significance: This case illustrates the application of presumptive intent in determining first-degree murder and underscores the importance of the trial court’s interpretation of intent. The dissent raises concerns about ensuring proper legal standards for proving specific intent to kill.

Conclusion

Presumptive Intent: The court applied the doctrine of presumptive intent, citing that when a person causes death by inflicting a wound naturally and probably calculated to produce death, they are presumed to intend that result.

Evidence: The court found substantial evidence indicating Wells' intent to kill, including the severity and repetition of the blows to the victim's head.

Weapon: The court ruled that the nature and use of the weapon—a soda water bottle—demonstrated intent to kill, given the context and severity of the beating.

Witness Testimony: The trial court's finding of credible eyewitness testimony and the defendant's accomplice’s testimony supported the conviction.