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Brazill Murder Trial
FIRST DEGREE MURDER WITH A FIREARMF.S.782.04(l)(a)
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.
If you find the Defendant guilty of Murder in the First Degree with a Firearm, it can be as to either premeditated and/or first degree felony murder.
Before you can find the defendant guilty of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
- Mr. Barry Grunow is dead.
- The death was caused by the criminal act or agency of Nathaniel Brazill.
- There was a premeditated killing of Mr. Barry Grunow.
An "act" includes a series of related actions arising from and performed pursuant to a single design or purpose.
"Killing with premeditation" is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.
If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated.
FIRST DEGREE FELONY MURDER WITH A FIREARMF.S.782.04(l)(a)
As to Count One, before you can find the defendant guilty of First Degree Felony Murder with a Firearm, the State must prove the following three elements beyond a reasonable doubt:
- Mr. Barry Grunow is dead.
- The death occurred as a consequence of and while Nathaniel Brazill was engaged in the commission of Burglary.
- Nathaniel Brazill was the person who actually killed Mr. Barry Grunow.
In order to convict of First Degree Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
In order to find that Nathaniel Brazill was engaged in the commission of Burglary, the State must prove the following three elements beyond a reasonable doubt:
- NATHANIEL BRAZILL entered or surreptitiously remained in the structure of Lake Worth Middle School Owned by or in the possession of the School Board of Palm Beach County.
- NATHANIEL BRAZILL did not have the permission or consent of anyone authorized to act for Lake Worth Middle School or the School Board of Palm Beach County, to enter or surreptitiously remain in the structure at the time.
- At the time of entering or surreptitiously remaining in the structure NATHANIEL BRAZILL had a fully-formed, conscious intent to commit the offense of Aggravated Assault with a Firearm in that structure.
A person may be guilty of this offense if he or she originally entered the premises at a time when they were open to the public, but surreptitiously remained there after he or she knew that the premises were closed to the public or if he or she entered into or surreptitiously remained on the premises which knew or should have known not open to the public, if he or she had the intent to commit the crime described in the charge.
An issue in the case is whether the Lake Worth Middle School structure was open to the public at the time of the entering or surreptitiously remaining in or on the Lake Worth Middle School structure. If you find that Lake Worth Middle School was open to the public at the time of the entering or surreptitiously remaining, that fact is a complete defense to the charge of Burglary and you should find the Defendant not guilty of First Degree Felony Murder.
The intent with which an act is done is an operation of the mind and, therefore, is not always capable of direct and positive proof. It may be established by circumstantial evidence like any other fact in a case.
Even though an unlawful entering or surreptitiously remaining in a structure is proved, if the evidence does not establish that it was done with the intent to commit Aggravated Assault with a Firearm, the defendant must be found not guilty.
"Structure" means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.
"Surreptitiously" means stealthily, secretly and not openly.
An act is committed "in the course of committing" if it occurs in the attempt to commit, the offense or in flight after the attempt or commission.
I will now define Aggravated Assault with a Firearm.
In order to find that the Defendant was engaged in the commission of Aggravated Assault with a Firearm, the State must prove the following four elements beyond a reasonable doubt:
- Nathaniel Brazill intentionally and unlawfully threatened, either by word or act, to do violence to Mr. Barry Grunow.
- At the time Nathaniel Brazill appeared to have the ability to carry out the threat.
- The act of Nathaniel Brazill created in the mind of Mr. Barry Grunow a wellfounded fear that the violence was about to take place.
- The assault was made with a firearm.
A "firearm" is legally defined as any weapon which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive.
Introduction from the Judge to the Jury
- First Degree Murder with a Firearm
- First Degree Felony Murder with a Firearm
- Second Degree Murder with a Firearm
- Third Degree Murder with a Firearm
- Manslaughter Murder with a Firearm
- Aggravated Battery with a Firearm
- Aggravated Assault with a Firearm
- Plea of Not Guilty: Reasonable Doubt; and Burden of Proof
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