Professional Documents
Culture Documents
Case: United States v. Watson, 501 A.2d 791 (1985) [p. 330-334]
Facts: Officer was pursuing the Δ for stealing a car. Δ ran into an apartment, made a phone call, and waited for
the officer to arrive. When the officer came, the Δ resisted arrest, fought with the officer, and took his gun. But
rather than escaping, the Δ shot the officer while he was on the floor. The officer twice told Δ that "it wasn’t
worth it," but Δ ignored and still killed him. Δ was convicted of first degree murder. Δ now appeals, arguing
there was insufficient evidence of premeditation and deliberation.
Holding: The court held that there was in fact sufficient evidence, whereby a jury could conclude that that Δ
had acted with premeditation and deliberation. Evidence was sufficient circumstantial evidence from which
premeditation could be inferred:
• When he ran into the apartment, he sat down at the table, and waited for officer to arrive. So, he had
time to think about what he would do.
• Δ did not flee when he had the opportunity to do so, and instead shot the officer when he was on the
floor, and did not pose a threat to him.
o 3 feet away from officer when he shot him - he could walk away
o Successfully overpowered officer, had the gun, and could have left
• Officer twice told him "it wasn’t worth it" but Δ still shot him
o Officer pleading for his life - telling Δ its not worth it. But Δ still shoots him. Basically, he is
making a decision after hearing what officer is telling him.
• Timing - talked about girls leaving the room - they run 16-20 seconds before they heard the shot
There was sufficient time for the Δ to think about what he was doing, so sufficient evidence of deliberate acts.
Class Notes
o No legal minimum to how long premeditation should take - just some time to think about it
o Time - not just quantitative
o Also qualitative - it was down time, quiet waiting for officer to show up; that he had
overpowered officer, and quality time in deciding whether to kill him
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