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People v. Thomas

Supreme Court of Colorado, En Banc
729 P.2d 972 (1986)
ELI5:

Rule of Law:

The crime of attempted reckless manslaughter is a legally cognizable offense. The intent required for a criminal attempt applies to the actor's intent to engage in the risk-producing conduct, not an intent to cause the specific prohibited result (death).


Facts:

  • The defendant, John Leago Thomas, Jr., received a phone call from a former girlfriend informing him that she had been raped by her upstairs neighbor.
  • Thomas went to the woman's apartment building armed with a pistol.
  • He gained entry into the alleged assailant's apartment by falsely identifying himself as a police officer.
  • Thomas pointed his gun at the man and escorted him down to the woman's apartment, where she identified him as the rapist.
  • When the woman was instructed to call the police, the man began to flee back to his own apartment.
  • Thomas gave chase and fired three shots, striking the fleeing man twice.

Procedural Posture:

  • John Leago Thomas, Jr. was tried by a jury in the Adams County District Court (the trial court).
  • The jury returned verdicts of guilty for first degree assault and attempted reckless manslaughter.
  • Thomas, as appellant, appealed his convictions to the Colorado Court of Appeals (the intermediate appellate court).
  • The Court of Appeals affirmed the assault conviction but reversed the conviction for attempted reckless manslaughter, holding it was not a legally cognizable offense.
  • The People, as petitioner, were granted certiorari by the Colorado Supreme Court (the state's highest court) to review the Court of Appeals' reversal.

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Issue:

Does the crime of attempted reckless manslaughter exist as a legally cognizable offense under the Colorado Criminal Code?


Opinions:

Majority - Lohr, Justice.

Yes, attempted reckless manslaughter is a cognizable crime under the Colorado Criminal Code. The court of appeals erred by concluding that the mental state of recklessness is incompatible with the intent required for a criminal attempt. The "intent to commit the underlying offense" for an attempt crime refers to the intent to engage in and complete the risk-producing act or conduct, not an intent that the prohibited result (death) actually occur. Therefore, a person can be guilty of attempted reckless manslaughter if they: (1) intend to complete the risk-producing conduct, (2) take a substantial step toward completing that conduct, and (3) act with a conscious disregard of a substantial and unjustifiable risk that their conduct will cause death. This analysis is consistent with the court's prior recognition of attempted extreme indifference murder in People v. Castro, which also requires only a general intent to engage in dangerous conduct. Furthermore, applying the "index of dangerousness" analysis from People v. Krovarz, consciously disregarding a substantial risk of death evinces a degree of dangerousness threatening enough to society to justify liability for an attempt, much like acting knowingly.


Concurring - Dubofsky, Justice.

Yes, the defendant can be convicted of attempted reckless manslaughter under the facts of this case. While there is a concern that broadly recognizing attempted reckless conduct could extend criminal liability to situations less dangerous than this one, the defendant's conduct here came so close to intending harm that the conviction is justified. The defendant's actions of chasing and shooting at the victim are sufficiently dangerous to warrant culpability for an attempt crime.



Analysis:

This decision significantly clarifies the scope of inchoate liability in Colorado by establishing that an attempt charge is not limited to specific intent crimes. It solidifies the principle that the intent element for an attempt crime attaches to the defendant's conduct, not the ultimate result of that conduct. By recognizing attempted reckless manslaughter, the court allows for the prosecution of individuals who engage in highly dangerous, life-threatening behavior that falls short of causing death, thereby broadening the tools available to address reckless acts that pose a grave risk to public safety.

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