Argued: April 7, 2016
G. Lilley, Esq., and Cheryl A. Richardson, Esq., Daniel G.
Lilley Law Offices, P.A., Portland, for appellant Merrill
T. Mills, Attorney General, and Donald W. Macomber, Asst.
Atty. Gen., Office of the Attorney General, Augusta, for
appellee State of Maine
G. Lilley, Esq., for appellant Merrill Kimball
W. Macomber, Asst. Atty. Gen., for appellee State of Maine
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and
Merrill Kimball appeals from a judgment of conviction for
intentional or knowing murder, 17-A M.R.S. § 201(1)(A)
(2015), entered in the Unified Criminal Docket (Cumberland
County, Cole, J.) following a jury trial. Kimball
contends that the court erred in (1) declining to give a jury
instruction addressing the affirmative defense of adequate
provocation, 17-A M.R.S. § 201(3) (2015), (2) admitting
evidence that he had been drinking on the day that he shot
the victim, and (3) limiting evidence concerning the
relationships between Kimball's family members and the
victim's family members. We affirm the judgment.
Viewed in the light most favorable to the jury's verdict,
the evidence supports the following facts. See State v.
Weaver, 2016 ME 12, ¶ 2, 130 A.3d 972. Stan Brown
is a ninety-five-year-old resident of North Yarmouth, where
he lives on his farm and keeps bees. The shooting at issue in
this case took place in the context of a dispute between
members of Brown's family,  and Merrill Kimball and his wife
Karen Kimball. Karen helped Brown at the farm and also
raised her own bees and harvested honey there. The
inter-familial dispute centered primarily on the extent of
Karen's purported influence over Brown and her inclusion
in his will.
On October 6, 2013, Craig Rawnsley, Brown's grandson, was
at the farm. After he called Karen Kimball to tell her that
"things were going to change around here, " Karen
became concerned about the several thousand dollars'
worth of harvested honey that she had stored at Brown's
farm. Eventually, Brown's family members and Karen and
Merrill Kimball all went to the farm.
Kathleen Kelley, Brown's daughter, testified that when
Merrill Kimball arrived in his truck, he drove down the
driveway "[v]ery fast . . . and the rocks were
flying." Rawnsley was standing by the shop where the
honey was stored. When he asked the Kimballs to leave, Karen
said that she would wait for the sheriff to arrive. Kathleen
Kelley then called 9-1-1. Merrill and Leon Kelley,
Kathleen's husband, encountered each other in the
driveway; Merrill asked Leon, "Who the fuck are
you?" After Leon took Merrill by the shoulders to turn
him around and asked him to wait by the road, Merrill tried
to push Leon but instead stumbled backward about three steps.
He then pulled out a handgun and shot Leon three times; Leon
died from his wounds at a hospital soon afterward.
The Cumberland County Grand Jury indicted Kimball for murder,
17-A M.R.S. § 201(1)(A). He pleaded not guilty and
retained counsel. The case went to trial in April 2015; at
its conclusion the jury returned a verdict of guilty.
Kimball's post-trial motions for a judgment of acquittal
and for a new trial were denied. At a sentencing hearing, the
court entered judgment and sentenced Kimball to twenty-five