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Roosevelt Preston Sydnor v. State of Maryland No. 83, Sept. Term, 2000

Self-defense: victim of robbery who disarms robber and is no longer in immediate danger of death or serious bodily injury may not ordinarily use deadly force in pursuit of robber or to recover the stolen property.

Circuit Court for Baltimore City Case No. 199005010 IN THE COURT OF APPEALS OF MARYLAND No. 83 September Term, 2000 ______________________________________

ROOSEVELT PRESTON SYDNOR

v.

STATE OF MARYLAND

______________________________________ Bell, C.J. Raker Wilner Cathell Harrell Battaglia Rodowsky, Lawrence F. (Retired, Specially Assigned), JJ. ______________________________________ Opinion by Wilner, J. Raker and Rodowsky, JJ., concur; Cathell, J., dissents _______________________________________

Filed: July 20, 2001

On the evening of December 9, 1998, petitioner was sitting with some friends on the front steps of 907 North Chester Street, in Baltimore, when one Anthony Jackson approached and asked if petitioner had any "weed" to sell. When petitioner responded in the negative,

Jackson, apparently eyeing a gold chain petitioner was wearing, pulled a gun and told him to "give it up." After hitting petitioner on the head with the gun and threatening to kill him,

Jackson took $30 in cash from petitioner and was about to take the gold chain as well when petitioner, assisted by his friends, grabbed the gun and, after a struggle, was able to take it from Jackson. As Jackson then attempted to flee, petitioner fired five shots at him, hitting him four times -- once in the front of his thigh, once in the forearm, and twice in his back. One of the back wounds was surrounded by stippling, indicating that the gun was fired from close range. Jackson collapsed and died in the street in front of 922 North Chester Street -- 40 to 50 yards from where the robbery occurred.1 his friends, ran away. Those basic facts were largely undisputed. What was in dispute was how, where, and why the shooting occurred. Those disputes were presented and resolved in the Circuit Court Immediately after shooting Jackson, petitioner, along with

for Baltimore City, where a jury convicted petitioner of voluntary manslaughter and use of a handgun in the commission of a felony but acquitted him of first and second degree murder and

The dissent speculates that the distance between the tussle for the gun and the killing of Jackson may have been only 20-25 feet. In a large sense, the distance has no independent relevance

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Maryland Law