Webb v. State

RUCKER, Justice.

Charged with murder in the shooting death of his girlfriend, Brice Webb requested a jury instruction on the lesser offense of reckless homicide. The trial court denied the request and Webb was convicted as charged. We granted transfer to address the propriety of the trial court’s ruling.

Facts and Procedural History

Webb and his girlfriend, Cherlyn Reyes, shared an apartment. On October 8, 2009, Shane Hillebrand and Ashley Gurrister were visiting the apartment where the four ate dinner, watched movies, and drank alcohol. Gurrister brought a handgun with her that she had recently…