Heard June 3, 2015.
Appeal from Jasper County. Carmen T. Mullen, Circuit Court Judge. Appellate Case No. 2014-001124.
Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Anthony Mabry, all of Columbia, and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.
CHIEF JUSTICE TOAL. BEATTY, HEARN, JJ., and Acting Justice Alison Renee Lee, concur. PLEICONES, J., dissenting in a separate opinion.
[414 S.C. 484] ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
TOAL, CHIEF JUSTICE:
Petitioner Antonio Scott was convicted of murder. On appeal, Scott argues that the court of appeals erred in finding that the evidence did not support a jury instruction on involuntary manslaughter, and thus, in upholding the trial court's failure to charge involuntary manslaughter. State v. Scott, 408 S.C. 21, 757 S.E.2d 533 (Ct.App. 2014). We affirm.
On March 19, 2011, Cynthia Nelson called the police and reported that Scott tried to break into her apartment. Scott was allegedly resentful of Cynthia's disapproval of Scott's relationship with her daughter, Akera. Scott departed Cynthia's apartment before the police arrived.
The following day, Scott attended a wake for his cousin in Ridgeland, South Carolina. At the wake, Scott told several [414 S.C. 485] people that he used a knife to threaten Cynthia's life the previous night. Scott stated that he was going to kill Cynthia the next time he saw her.
Later that day, Akera and Cynthia arrived at Scott's sister's apartment in Ridgeland to drop off Akera and Scott's child. Akera took the child into the apartment while Cynthia waited outside. When Akera walked inside, Scott stood with a knife in his hand and asked her, " Is this how you wanna [sic] do things?" and " You gonna [sic] let your mom come between us?" A short time later, Cynthia walked in and told Scott, " I'm tired of you beating on my daughter."  Cynthia and Scott then engaged in a physical altercation, during which Cynthia was stabbed in the neck.
Scott's sister called 911, and Scott initially attempted to apply pressure to Cynthia's wound. However, Scott fled when the police arrived, and the officers were unsuccessful in their attempts to locate Scott in ...