STATE OF NEW JERSEY VS. JULIAN SANDERS (17-07-1979, ESSEX COUNTY AND STATEWIDE) (A-1965-18)
The novel issue presented in this appeal is whether a claim of self-defense applies to a charge of endangering an injured victim, N.J.S.A. 2C:12-1.2(a), when the injured victim has been injured by the defendant in the course of defending himself against said victim.
Following a jury trial, defendant was acquitted of murder and weapons offenses but convicted of endangering an injured victim, whom he admitted stabbing in self-defense after an altercation during which the victim forbade defendant from entering a store, threatened to beat defendant up, and threw a punch when defendant refused to heed the warnings. Defendant dodged the punch and stabbed the victim once in the chest with a knife defendant had produced from his pocket and brandished during the altercation. After the stabbing, the victim staggered around before collapsing on the ground and defendant left the scene without calling for medical assistance. The victim was later transported to the hospital where he died from the stab wound the following morning. Video surveillance footage of the entire five-minute encounter was played at the trial.
The trial judge instructed the jury on self-defense as applied to the homicide and weapons-related charges, but not the endangering charge. At trial, defense counsel neither requested the charge nor objected to its omission. However, on appeal, defendant argued the charge should have been given because self-defense applied to endangering.
After analyzing the general principles pertaining to justification defenses and considering the elements and legislative history of the endangering an injured victim statute, the court concluded that its omission in the unique facts presented in this case does not rise to the level of plain error. The court reasoned that when defendant left the scene, it was clear that his conduct had rendered the victim physically helpless such that he no longer posed a threat to defendant or anyone else. Because the victim was physically helpless, defendant could not have had a reasonable belief in the continued need to use force or the requirement to retreat without summoning medical assistance to justify self-defense. Rather than imposing an obligation on defendant to secure the safety of his attacker while endangering himself, the application of the endangering statute in this case sought to preserve a life after the threat or need for force had been neutralized.
Judge Sabatino joins in the result and issues a concurring opinion. The concurrence underscores the court's recognition that principles of self-defense, necessity or other justification may appropriately apply in some factual situations to relieve a crime victim, who has repelled and injured an attacker, of criminal liability under N.J.S.A. 2C:12-1.2(a).
